Tag Archives: dui

St. Charles driver's license resintatement lawyer

Everyone makes mistakes from time to time, even while operating a vehicle. Having your Illinois driver’s license suspended or revoked because of a traffic violation or accident can turn your life upside down. Without a license, you may have to rely on friends and family for rides or pay for a taxi. Even ride-share services such as Uber and Lyft can get expensive when you consider the cost over many months. If you have a job, classes you must attend, or a family to take care of, it is important that you get your driving privileges reinstated as soon as possible. Driver’s license reinstatement in Illinois is possible with the help of an experienced lawyer. 

Suspension Versus Revocation

There is one big difference between having your license suspended and having it revoked. A suspension lasts for a defined length of time, such as six months. When your driver’s license is revoked, however, you have lost it indefinitely. You can apply to have your license reinstated after 12 months, but you are not guaranteed to be approved for a reinstatement based on your driving record. 

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St. Charles

If you are convicted of a DUI, you can face severe penalties - expensive fines, jail time, and the loss of your driving privileges. In Illinois, you do not have to be convicted of DUI for the state to suspend your driver’s license. If you fail or refuse to submit to a breath or blood test of your blood-alcohol content, your driver’s license may automatically be suspended for at least six months. If you are a convicted first-time DUI offender, there is a minimum driver’s license revocation of one year. 

Getting your driver’s license back can be complicated, in part because you are required to attend a Secretary of State hearing before your privileges will be reinstated. There are two types of Secretary of State hearings: informal and formal. The hearing you are asked to attend depends on the circumstances surrounding your DUI. It is critical to know what hearing you must attend, as the requirements for both hearings are different.

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Naperville DUi Lawyer

One of the milestones nearly all American teenagers look forward to is the day they can get their driver’s license. While it means extra freedom, teens and driving have always been a dangerous combination. 

According to the National Highway Traffic Safety Administration (NHTSA), car crashes are the leading cause of death for teens. About a quarter of those fatal accidents involve an underage driver who was drinking. In 2016, 39 percent of drivers involved in fatal crashes involving alcohol were young drivers age 16 to 24. Because of this, in addition to minimum drinking age laws, many states have enacted zero-tolerance laws for underage drinking and driving.

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St. Charles DUI charges attorneyIn 2017, there were 330 people killed in alcohol-related car crashes in the state of Illinois. Those 330 people represented about 30 percent of all car crash fatalities in Illinois in 2017. It is not unusual for a simple DUI case to turn deadly, which is why Illinois police take drunk driving cases so seriously. In 2017, there were 27,046 DUI arrests recorded throughout the state by the Secretary of State’s office. Though DUI arrests are common, many people do not know what to expect when they are arrested for driving under the influence. Here is a breakdown the of the process that a DUI case goes through when you are arrested in Illinois: 

Before the Arrest

Before you can be arrested for a DUI, an officer must have had a reason to pull you over. This can be called reasonable suspicion or unusual operation. For them to pull you over, you would have had to been driving erratically or given the officer another reason to suspect you were under the influence.

Once the officer has pulled you over, you will probably be asked to submit to field sobriety tests, which will give the officer probable cause to arrest you if you fail them. 

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Naperville felony DUI defense attorneyDriving under the influence (DUI) is not a uniform charge. Rather, there are many different factors that affect how a specific incident of alleged drunk driving is charged. These include the driver’s blood alcohol concentration (BAC) at the time of the arrest, his or her age, whether the driver has previous DUI charges on his or her record, and whether the drunk driving caused a victim to suffer an injury or death.

A “regular” first time DUI is charged as a Class A misdemeanor in Illinois. However, there are circumstances under which a first offense DUI may be charged as a felony. Specific factors that cause a DUI charge to be “upgraded” are known as aggravating factors. An upgraded DUI charge is known as an aggravated DUI.

When a DUI is a Class 2 Felony

DUI is charged as a Class 2 felony under the following circumstances:

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