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IL DUI defense lawyerWhen you are accused of driving under the influence (DUI), there are various ways the charge could affect your life. One of the most significant ways a DUI charge can affect you is by limiting your ability to legally drive. When you are arrested for suspicion of DUI, your driver’s license can be suspended simply for failing a chemical test to determine your blood alcohol content (BAC). If you refuse to submit to a chemical test, penalties can become more severe and the license suspension can become even longer. In addition, any person who is convicted of DUI faces even more time on their license suspension, with the possibility of it being revoked. Not being able to drive or get you or your family from place to place can put a lot of strain on your daily life. Fortunately, there are things you can do to get your driving privileges back after a DUI arrest and/or conviction.

Driving Permits During Suspension

As previously mentioned, if you are arrested for failing or refusing to take a chemical test to determine BAC, you face an administrative driver’s license suspension. For failing a chemical test, the suspension is only six months, however, if you refuse to take the test, the suspension lasts for up to one year. In addition, you can also request a driving permit under some circumstances during the suspension period.

Two driving permits are available for those who have lost their license because of DUI-related reasons: a monitoring device driving permit (MDDP) or a restricted driving permit (RDP). The type of permit you can receive depends on the circumstances surrounding your case. Typically, a first-time DUI offender can apply to receive an MDDP, while other offenders will have to apply for an RDP. Either way, both permits require the installation of a breath-alcohol ignition interlock device (BAIID) on any vehicle you drive while you have the permit.

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IL DUI lawyerOne of the tools that the state of Illinois uses to find and deter those who are driving under the influence of drugs or alcohol is by conducting sobriety checkpoints. The Supreme Court of the United States has held that sobriety checkpoints do not inherently violate any constitutional rights, as long as they are conducted in a legal manner. In Illinois, this means the time, date and location of the sobriety checkpoint should be announced to the public prior to it taking place and signs and/or lights should be used to designate the checkpoints. Being pulled over for DUI can have a significant impact on your life, which is why it is important to understand that you do have rights when you are stopped at a sobriety checkpoint in Illinois.

You Have the Right to Turn Around and Avoid the Checkpoint

The first thing you should understand is that you are not required to go through the sobriety checkpoint. Police officers are required to clearly mark DUI checkpoints and make them visible to drivers. If you see a DUI checkpoint coming up and you do not wish to go through it, you are legally permitted to avoid the checkpoint, as long as you can do so safely without breaking any laws. However, you should be aware that nearby officers may be watching for drivers who avoid the checkpoint and may pull you over for doing so.

You Have the Right to Avoid Answering Questions

One of the first things an officer does after pulling you over is try to gather probable cause for an arrest. Just like any other traffic stop, you have the right to remain silent. The only information and documents you are legally required to furnish when asked is your driver’s license, your vehicle registration and your proof of insurance. Probable cause can also be established by sight or smell, so you can choose to keep your windows rolled up and refuse to speak with the officer, however, you must also understand that if the officer requests that you step out of the vehicle, you must adhere to the order.

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Arlington Heights, IL criminal defense attorney DUI

It is very scary to see the lights of a police car and hear the siren any time you are on the road. When the officer approaches your window and starts asking questions, it is natural to be nervous. Law enforcement officers are often overzealous when they are trying to make an arrest, and they may say you are legally obligated to perform certain tasks. One of these might be submitting to a breathalyzer test. So, can you refuse the breathalyzer test? You can, but there are consequences you may face. Regardless of the choice that you make at the stop, an experienced DUI lawyer can help with your case.

Implied Consent Laws in the State

The law in Illinois states that all motorists have given implied consent to blood alcohol content (BAC) testing every time they get behind the wheel. However, this law only applies when you have been arrested for a DUI. This means that until the officer arrests you on suspicion of a DUI, you are under no obligation to submit to a breathalyzer test. Regardless of what the police officer says, they cannot force you to take the test unless you have been arrested. Even then, no one can physically force you to take the test, but there are consequences if you refuse.

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Rolling Meadows, IL criminal defense attorney DUI

For many people, 2020 has been a stressful, never-ending nightmare of a year. One of the most significant and deadliest viruses in modern history, COVID-19, spread like wildfire and continues to rage on in certain parts of the world. Thankfully, there is a light at the end of the 2020 tunnel with a vaccine starting to be administered. Many people use the holiday as an evening to celebrate the going of the past year and to welcome the near year in, but your new year could get off to a troubled start if you do not celebrate your New Year’s responsibly and decide to drink and drive.

According to the National Safety Council (NSC), the New Year holiday is typically a heavy drinking period, involving increased instances of DUIs and traffic fatalities. In 2018, 39 percent of all traffic fatalities that occurred during the New Year holiday season involved alcohol-impaired driving, compared to 29 percent of all traffic fatalities throughout the year. Illinois DUI charges come with serious consequences, so avoiding a DUI conviction is always the priority. An Illinois DUI defense attorney can help you understand your charges if you have been arrested for DUI in Illinois.

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Rolling Meadows, IL DUI defense attorney

One of the most common crimes committed on the roads of Illinois is driving while under the influence (DUI). According to data from the Illinois Secretary of State, there were more than 26,200 drivers arrested for DUI across the state of Illinois in 2019. Being charged with driving while you are impaired can result in serious penalties, such as jail time, driver’s license revocation, and fines. However, certain circumstances can dictate how severe your penalties are, including what your BAC level is. In Illinois, a higher BAC could also mean a more serious sentence. Hiring an Illinois DUI defense lawyer is strongly advised if you are facing any kind of DUI charge.

Illinois DUI Charges and Your BAC

Before you are even arrested, the officer who pulled you over will likely begin to evaluate you to determine if you are intoxicated or impaired in any way. You may be asked to submit to field sobriety tests, which may consist of a walk-and-turn test, one-leg-stand test, or possibly even a preliminary field breathalyzer test. A breathalyzer is an important tool in determining whether or not a person is impaired because it can inform the officer of the driver’s blood alcohol content (BAC).

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