What to Expect When Charged with a DUI

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What to Expect When Charged with a DUI

On Behalf of | Mar 31, 2022 | Firm News

DUI law
If you’ve been arrested for a DUI in Illinois, your driver’s license is in the process of being revoked. It’s crucial to contact an attorney right away. Being arrested for a DUI can result in a conviction which will be on your permanent driving record. In order to help fight a DUI arrest, it is important to call an attorney as soon as possible. Shifrin Law Group is experienced in handling DUI cases and can help you fight it.

In Illinois, when you are arrested for a DUI, you will be given a notice that your license is suspended. The suspension takes effect 46 days after your arrest. You will also be given a notice of when you must appear in court for your first hearing. It is crucial to contact an attorney immediately after you are arrested for a DUI, and it is even more vital to have an attorney with you during your first court appearance.

Court Proceedings

During your first court appearance, your attorney will request a copy of all discovery materials from your DUI arrest. This includes the police report, your alcohol and drug influence report, the warning to motorist, a copy of your ticket, and footage from your arrest. All Chicago Police Officers are required by law to wear body worn cameras during interactions with suspects, and all Illinois State Police vehicles are required to have squad car cameras.

Additionally, your attorney may also submit a petition to the court requesting that the defendant keeps their driver’s license without suspension. This is called a Petition to Rescind the Statutory Summary Suspension. An attorney only has 90 days to file this petition, so it is crucial you contact an attorney immediately after your DUI arrest. When this petition is filed, the court must hear the matter within 30 days of filing. If the court grants your petition, you will still be able to drive while you fight your DUI charge.

Statutory Suspension Hearing – 4 main issues that can be raised:

  • Whether the person was placed under arrest for driving under the influence
  • Whether officer had reasonable grounds to believe driver was under the influence
  • Whether after being advised consequences, if person refused to submit to testing
  • Whether person blew .08 or more

DUI Chart

DUI Chart for 1st, 2nd, 3rd and 4th Offense that shows tests and convitions

 

A driver who has a previous statutory summary suspension/revocation from Illinois, a suspension for refusing a chemical test from another state, court supervision for DUI or a conviction for DUI within the last five years is considered a second offender and will have his/her driving privileges suspended for three years for refusal of chemical testing or one year for failure of chemical testing

A third offense refusal to submit to a chemical test will result in a 3-year suspension of your driver’s license.

For failing chemical test – Second or subsequent offense within five years—Suspension of driving privileges for one year with no eligibility for a Monitoring Device Driving Permit (MDDP).

For refusing – Second or subsequent offense within five years—Suspension of driving privileges for three years with no MDDP.

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