Posted on April 30, 2021 in DUI

If you are convicted of driving under the influence in Illinois, a number of factors will determine the sentence you serve. One of the biggest factors the court will consider is your criminal history and whether you have previous DUIs on your record. If you do have previous DUI convictions on your records, the court may consider how long it has been between convictions.

Many states place a lookback period on DUI cases and that timeframe is typically five to ten years. If a conviction occurred before the lookback period, the courts cannot consider it. After being charged with a DUI, you may wonder if Illinois has a lookback period if you have prior convictions. Unfortunately, Illinois does not have such a law on the books.

Prior DUI Convictions Matter in Illinois

Due to the fact that Illinois does not have a lookback period for DUIs, any prior conviction of a DUI can be considered when a judge is determining a sentence for a subsequent offense. DUI convictions, like all traffic violation convictions, are also permanent, which means the prosecution can seek a harsher penalty for you even if your last DUI was over ten years ago.

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 Posted on April 16, 2021 in Traffic Violations

A commercial driver’s license (CDL) is not just your license to drive. It is a way to earn an income to support yourself and your family. As a commercial driver, you must follow all of the same traffic laws as other drivers, but you are also regulated by other state and federal laws. It is not surprising then, to have many questions when you are accused of violating these laws. If you carry a CDL, below are some of the most frequently asked questions about CDL violations and the answers to them.

Is Court Supervision Available for CDL Violations?

When non-commercial drivers face traffic violations, court supervision is often a better alternative than a conviction. However, CDL holders should never undergo court supervision. The Illinois Secretary of State treats court supervision for CDL drivers as though it was a conviction, so it will not help you avoid suspension of your CDL or disqualification. Even if you were in your own vehicle at the time of the offense, court supervision will still appear on your public driving record.

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 Posted on March 30, 2021 in Traffic Violations

Motorists tend to associate driver’s license suspensions and revocations with drunk driving offenses, and it does seem logical that such a harsh penalty would result from a serious traffic violation. However, the Illinois Secretary of State (IL-SOS) provides for many other ways you might lose your driving privileges. Generally, when you get a traffic citation, points are added to your driving record. If you reach a certain level, IL-SOS will suspend your driver’s license for a number of months that corresponds to the total points you accumulated.

Still, this basic description overlooks some of the very important details involved when moving or non-moving violations impact your driving privileges. You can obtain these specifics by consulting with an Aurora, IL traffic tickets attorney, but it is worthwhile to be aware of how traffic tickets can lead to a driver’s license suspension.

Traffic Violations and Illinois’ Points System

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 Posted on March 15, 2021 in DUI

If you were arrested on drunk driving charges for the first time in Illinois, it is essential to get up to speed right away on what to expect through the proceedings. Initially, you should understand that state laws are quite expansive on when a person is considered to be driving under the influence: Illinois’ DUI statute covers situations when a driver is legally drunk, impaired by the consumption of drugs, or a combination of the two. In addition, now that marijuana is legal for recreational purposes, the law was recently updated to include motorists who test positive for THC within two hours of driving.

However, beyond these basic concepts, there is probably a lot you do not know about a first offense for drunk driving. You can trust the details to an experienced Naperville first DUI defense lawyer, but there are a few things you may not yet know about the situation you are facing.

Your Blood Alcohol Content (BAC) Is Not the Only Factor

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 Posted on February 26, 2021 in DUI

The Illinois Secretary of State’s office recently released its 2021 DUI Fact Book and, though the figures from last year have yet to be tallied, there are some surprising statistics on drunk driving offenses in 2019. More than 26,200 people were arrested for DUI, 90 percent of whom lost their driving privileges as a result of an administrative suspension or revocation. Plus, many others were convicted for drunk driving through the criminal process. Though the details vary, penalties include a jail term of up to one year, fines, and others.

Another interesting statistic revealed by the Fact Book is that 86 percent of all individuals arrested for drunk driving are first-time offenders. Therefore, there is a good chance that you never had reason to retain legal counsel – and may not believe that it is even necessary. If you are on the fence about hiring an experienced DUI defense attorney, these four reasons should convince you.

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 Posted on February 16, 2021 in DUI

There are many reasons a person might have their driver’s license suspended or revoked in Illinois, such as for DUI, accumulating points on your driving record, or being cited for specific traffic offenses. Because losing your driving privileges is an administrative matter, your case will proceed according to a very specific process: A formal or informal administrative hearing before the Illinois Secretary of State. The two proceedings are distinct and apply in different situations, the nature of which depends upon the traffic violation, your driving record, and many other factors.

The details involved with either type of proceeding are extremely complex, yet they can have very profound implications for your driver’s license. Therefore, it is wise to trust a Secretary of State hearings lawyer to represent you and protect your interests. You can also read on for some basics in comparing formal and informal administrative hearings in Illinois.

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 Posted on January 29, 2021 in DUI

Illinois DUI laws are tough, imposing severe penalties that aim to discourage drunk driving and protect public safety. One of the harshest – and most common – forms of punishment is a driver’s license suspension or revocation. Statistics from the Illinois Secretary of State’s Office reveal that 90 percent of all motorists arrested for DUI will lose their driving privileges. The personal and professional implications can be extensive, so you will want to get your license back as quickly as possible.

Unfortunately, the driver’s license reinstatement process can be extremely complex. You could struggle for months trying to decipher the complicated statutes and court proceedings, during which time you are unable to get around. Therefore, it is critical to retain an Aurora driver's license reinstatement lawyer for legal help. You might also benefit from reviewing a few facts about reinstating your driving privileges after an Illinois DUI.

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 Posted on January 15, 2021 in DUI

Even if you do not have a legal background and have never been arrested for DUI, you know that the sanctions for drunk driving in Illinois are harsh. A Secretary of State publication outlines the penalties for a first-time DUI, which is a Class A Misdemeanor punishable by up to 364 days in jail and a maximum fine of $2,500. Plus, besides being a crime, driving while intoxicated can lead to a driver’s license suspension and/or revocation. As with other offenses, subsequent offenses mean stiffer penalties and possibly even felony charges.

However, when reviewing the criminal punishment and administrative sanctions for drunk driving, you may not consider other effects that can be extensive. Once you realize the far-reaching implications, you understand how important it is to retain a skilled Naperville DUI defense attorney for assistance. A few of the collateral consequences include:

Employment and Employability: A driver’s license suspension could affect your occupation if it directly involves driving or you need to travel to complete job-related tasks, such as for a position in sales. In addition, there are additional implications for your employment:

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 Posted on December 30, 2020 in DUI

In Illinois, commercial drivers are held to a higher standard than most motorists. Similarly, commercial driver’s license (CDL) holders are also subject to more severe penalties when charged with a traffic violation, or when accused of driving under the influence. These penalties are notoriously harsh, so if you were recently arrested for driving under the influence in Illinois, it is important to speak with an Aurora CDL violations defense lawyer about your legal options as soon as possible.

Suspension of CDL Privileges

DUI cases in Illinois can be broken down into two separate phases: the Statutory Summary Suspension of a person’s license and the criminal proceedings for driving under the influence. Either one of these stages of a DUI case can impact a person’s CDL driving privileges. For instance, the Secretary of State imposes a minimum one-year disqualification of all CDL driving privileges if a driver submits to and fails a BAC test, or refuses testing altogether. The same penalty can be imposed on those who are actually found guilty of, or who plead guilty to, a criminal DUI charge, regardless of whether the judge convicted the defendant or ordered court supervision.

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 Posted on December 17, 2020 in DUI

Drivers whose licenses have been suspended due to multiple DUI convictions are required to attend a formal Secretary of State hearing before their license can be reinstated. Preparation is key to the outcome of these types of hearings, as petitioners will be required to comply with a host of complicated legal rules, so if your license was recently suspended after being arrested for a DUI, it is important to speak with an experienced Naperville driver’s license suspension lawyer who is well-versed in these rules and procedures and can give your claim the best possible chance of success.

Formal Secretary of State Hearings

The Secretary of State’s office conducts two types of hearings for those seeking reinstatement of their driving privileges after revocation or suspension arising from a DUI conviction: informal hearings and formal hearings. While some petitioners are able to resolve their cases through informal proceedings, most are required to go through the formal hearing process, especially if they have multiple DUI convictions on their record.

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