There are two legal considerations when you are arrested for DUI in Illinois, one of which is criminal in nature. The other affects your driving privileges, since state law provides for a statutory summary suspension of your driver’s license on the 46th day after your arrest. The length of the suspension depends on any prior history of drunk driving, your blood alcohol concentration (BAC), and whether you refused to take a chemical test.
Though the statutory summary suspension is automatic, you do have rights to contest certain circumstances surrounding your arrest. The laws and court rules are extremely complicated, and you will be required to participate in a hearing regarding the key issues. Your chances of being able to legally drive after a DUI greatly increase if you retain a skilled defense attorney. An overview of the proceedings can help you understand what you are up against.
Petition to Rescind Summary Statutory Suspension
When you request the court to rescind the suspension of your driver’s license, you can only contest certain legal issues. They are:
- You were not properly arrested for violating Illinois’ DUI laws or local regulations;
- The arresting officer did not have reasonable grounds to believe you were under the influence while you were in actual physical control over the vehicle;
- Police did not provide the required warnings under Illinois law, telling you that your license is subject to a statutory summary suspension for refusing to take a chemical test;
- You did not refuse to blow or allow a blood draw to test for your BAC; and,
- You allowed a chemical test, but the results did not reveal that you had a BAC of .08% or higher.
You must file this petition no later than 90 days after the date you receive an official notice of your driver’s license suspension. In addition, you should note that the burden of proof is on you to show that you were not under the influence of alcohol or the chemical test results were incorrect. If successful, you can get your license back right away.
Driving Under a Monitoring Device Driving Permit (MDDP)
When the judge rules against you, it may still be possible to drive under an MDDP. To qualify, you must be a first time DUI offender. The MDDP becomes effective immediately upon application receipt to the Secretary of State and the first day of the suspension period, so an experienced DUI attorney can help you retain seamless driving privileges during a 1st time offense.
With the MDDP, you will be able to use your vehicle for the remainder of the suspension period. You will need to install a Breath Alcohol Ignition Interlock Device on your vehicle. This technology prevents your engine from starting if it detects alcohol when you blow into it. Still, this type of permit does allow you to drive after a DUI.
Get Legal Help from an Experienced DUI Defense Lawyer
If you would like more information on statutory summary suspensions in Illinois, please contact Glasgow & Olsson at 847.577.8700 or via our online consultation form. We can schedule a consultation to review the details of your case. Our firm represents Illinois residents throughout Cook, McHenry, DuPage, Kane and Lake Counties, and we are happy to help.
(image courtesy of Xan Griffin)