Posted on July 29, 2022 in License Reinstatement

If your license was revoked, this means that you can no longer drive any motor vehicle. Driving with a revoked license is a criminal offense, and if you are caught, you face immediate arrest and criminal charges. The only way to get your license back is to comply with the Secretary of State’s requirements. The requirements you must follow depend on several factors, including the type of offense, your criminal record, and whether you have an alcohol or drug addiction.

Steps to Take for License Reinstatement Depend on Your Drug and Alcohol Evaluation

The most common reason that a driver’s license is revoked in Illinois is a conviction for drunk driving. Before the Secretary of State will reinstate your license, you must prove that you have taken steps to avoid drunk driving in the future. You will need to participate in a DUI evaluation and answer questions about past and current drug or alcohol use. After you answer all of the questions, the evaluator will classify you based on your risk for repeat DUI offenses.

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 Posted on July 19, 2022 in DUI

More and more adults are paying close attention to the way their diet influences their health. Low-carb diets like the keto diet and carnivore diet are becoming increasingly popular – especially for those with chronic medical problems. Because these diets change the body’s chemistry and release certain chemicals into the bloodstream, there has been some concern regarding the diets’ effect on alcohol breath tests or breathalyzers. Many people wonder if being on the keto diet can increase their chances of being accused of drunk driving.

Drunk Driving Charges and Ketones

Breathalyzers or breath tests measure how much alcohol is on a person’s breath. Roadside breathalyzer tests are used as a preliminary screening measure and often provide police probable cause for a drunk driving arrest. Evidentiary breath tests are conducted at the police station and often play a crucial role in driving under the influence (DUI) cases.  

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 Posted on June 21, 2022 in Criminal Defense

Individuals in Illinois must be at least 21 years old to buy cigarettes or alcohol. However, many teens and young adults do not want to wait until they are of legal age to purchase these products or enter 21+ establishments like bars and clubs. They instead obtain a fraudulent identification card or driver’s license with the hopes of evading Illinois law.

Possessing a fake ID is a criminal offense in Illinois. It is also illegal to create or distribute a fake state ID card or driver’s license. These offenses are punishable by driver’s license suspension, heavy fines, and jail time.

Illinois Laws Regarding Fraudulent IDs

Using a fake ID to buy alcohol or otherwise evade Illinois law can lead to criminal charges that dramatically impact your future.

You can face Class A misdemeanor charges for:

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 Posted on June 09, 2022 in Criminal Defense

Like many states, Illinois has legalized the use of marijuana or cannabis. However, there are still many rules regarding how, when, and where cannabis may be used. Possessing or consuming marijuana in violation of Illinois law can lead to serious repercussions, including driver’s license suspension or even jail time. It is important for every Illinois resident to be aware of the current marijuana laws and the penalties for violating those laws.  

Possession of Marijuana is Limited

In 2020, Illinois legalized the use of marijuana for recreational purposes. You do not have to have a medical condition to be allowed to consume marijuana anymore. However, there are certain restrictions on the amount of marijuana a person can possess. Adults aged 21 or older may possess up to 30 grams of cannabis flower or “buds,” up to 500 mg of THC in a food “edible” or other product, and up to 5 grams of cannabis concentrate. Possession of greater than these amounts can lead to criminal charges. If you are caught with greater than 100 grams (3.5 ounces) of cannabis, you could be charged with a felony. It is also unlawful to smoke or otherwise consume marijuana in schools, government buildings, or on public transportation. Only licensed marijuana dispensaries are allowed to sell marijuana.

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 Posted on May 25, 2022 in DUI

Driving under the influence of alcohol, leaving the scene of an accident resulting in injury, drag racing, and other criminal offenses can result in the revocation of a person’s driver’s license. Unlike a driver’s license suspension, driver’s license revocation is indefinite. You cannot simply pay a fine and get your license back after the suspension period is over. To reinstate a revoked license and regain driving privileges, you will need to attend a formal or informal Secretary of State hearing.

Informal Secretary of State Hearings

If you were arrested for a first-time DUI offense, you will likely be able to attend an informal Secretary of State hearing. Informal hearings are held at DMV locations throughout the state. You do not need to schedule the hearing in advance. Informal hearings are held on a walk-in basis. You will meet with a hearing officer for the Secretary of State and demonstrate to the hearing officer that you have taken the required steps to reinstate your license.

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 Posted on May 11, 2022 in DUI

Driving under the influence of alcohol is a criminal offense punishable by significant penalties in Illinois. DUI offenders are subject to driver’s license revocation, expensive fines, vehicle impoundment, and even jail time in certain situations.

Alcohol breath tests, often referred to as breathalyzers or intoximeters, measure the amount of alcohol on a driver’s breath. The results of a breath test are often a crucial component in a DUI case. Consequently, many people wonder if they can refuse to take an alcohol breath test. This blog will explore the advantages and disadvantages of refusing a breathalyzer in Illinois.

Understanding the Two Types of Breath Tests in Illinois DUI Cases

There are two types of breath alcohol tests used in Illinois drunk driving cases. When a police officer suspects a driver of drunk driving, the officer may ask the driver to take a roadside breath test. The subject is asked to blow into the device, and the device displays the driver’s blood alcohol content (BAC) on a screen. If the driver’s BAC is above 0.08 percent, the driver is arrested for DUI. These small,  handheld testing devices are called preliminary breath tests. The purpose of a preliminary test is to give police officers probable cause for a DUI arrest. The results of preliminary tests are not used as evidence in a DUI case.

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 Posted on April 18, 2022 in DUI

In Illinois, drunk driving is penalized by both administrative and criminal consequences. If you were convicted of driving under the influence (DUI), you may face fees and jail time. Your driver’s license may also be revoked. Once your license is revoked, it is illegal to drive. Driving with a revoked license can lead to further criminal penalties. Fortunately, you may be able eligible for a Restricted Driving Permit.

A Restricted Driving Permit May Get You Back on the Road Legally

Losing the ability to drive can be a major burden. Most people drive multiple times a day to go to work, transport their kids to and from school, attend medical appointments, and more. The most important benefit of a Restricted Driving Permit is that it can get a person back on the road without needing to break the law.

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 Posted on April 11, 2022 in DUI

In Illinois, an individual is considered to be intoxicated by alcohol if he or she has a blood alcohol content (BAC) of 0.08 percent or greater. Breath tests like breathalyzers are just one way of measuring the amount of alcohol in a person’s system. Blood tests, or tests that directly test the amount of alcohol in someone’s blood, are also used in drunk driving cases. Blood tests are often considered more reliable than breath tests. However, many different issues can cause a blood test to be inaccurate.

If you or a loved one were charged with driving under the influence (DUI), it is important to remember that it may be possible to avoid conviction even with a failed blood alcohol test.

Three Major Problems with Blood Alcohol Tests

When police suspect that someone is driving under the influence of alcohol, they may ask the person to complete a field sobriety test or take a breathalyzer test with a handheld device. These tests may provide probable cause for a drunk driving arrest. Once the person is arrested and taken to the police station, they may be subjected to further testing, including a blood test. The blood test may also be given at a hospital.

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 Posted on March 24, 2022 in DUI

Typically, when someone is arrested for a criminal offense, he or she is not subject to penalties or punishments until he or she is convicted of that crime by a judge or jury. However, drunk driving arrests are different than other types of arrests. If you are arrested for driving under the influence (DUI), you are subject to an administrative penalty in the form of a driver’s license suspension. Once your license is suspended, it is illegal to drive and doing so can lead to additional criminal charges.

If you lost your license due to alleged drunk driving, you may still be able to regain the ability to drive legally through a Monitoring Device Driving Permit (MDDP).

Statutory Summary Suspension of Your Driver’s License After A DUI

Many people do not realize that you can lose your license for drunk driving even if the court ultimately finds you not guilty of drunk driving. A statutory summary suspension is applied when a DUI suspect either fails a chemical breath test like a breathalyzer or refuses to take a chemical test. So, if you blow over a 0.08 percent blood alcohol content (BAC), you could lose your license. Typically, the statutory summary sentence becomes effective 46 days after the DUI arrest. If you have not been arrested for DUI within the last five years, the driver’s license suspension is six months. If you refused chemical BAC testing, the suspension period is one year.

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 Posted on March 11, 2022 in DUI

Most people take one or more prescription medications on a daily basis. You may be surprised to know that it is possible to be charged with driving under the influence (DUI) for driving after taking medication – even if the medication was prescribed by a physician and taken legally.

DUI convictions can result in revocation of the offender’s driver’s license, steep fees, and depending on the circumstances, jail time.  If you or a loved one were charged with drunk driving because of prescription medication, contact a DUI defense lawyer for help.

DUI for Doctor-Prescribed Medicine

It is hard to believe that something rightfully prescribed by a doctor can lead to DUI charges. However,  Illinois law states that a driver may be charged with DUI for:

• Having a blood alcohol content of greater than 0.08 percent

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