Everyone knows that drunk driving is against the law. What many people do not realize, is that you may face administrative consequences for a drunk driving arrest even if you are not convicted of driving under the influence (DUI).
In Illinois, failing a chemical blood alcohol content (BAC) test such as a breathalyzer or refusing to take a BAC test is punishable by a driver’s license suspension. Once your license is suspended, it is illegal to drive any motor vehicle. Fortunately, you may be able to regain your driving privileges by obtaining a Monitoring Device Driving Permit.
If you are pulled over and police suspect you of driving while intoxicated, they may ask you to blow into a breath-testing device often referred to as a breathalyzer. If the test shows 0.08 percent BAC or higher, you are considered intoxicated. You may be arrested and charged with DUI. Failing a breath test is penalized by a six-month driver’s license suspension if the driver does not have any other DUI offenses in the previous five years. Refusing to submit to a breath test is punishable by a one-year driver’s license suspension. If you get an MDDP, you may be able to drive legally before the suspension period is over.
Monitoring Device Driving Permits are only available for adult, first-time DUI offenders. If you were charged or convicted of DUI in the past five years you cannot get an MDDP but you may qualify for other forms of driving relief.
Drivers must also have an otherwise valid license to get an MDDP. If your license was already suspended when you were pulled over for DUI, for example, you do not qualify for an MDDP. Lastly, your DUI offense cannot have resulted in injury to death.
If you qualify for a Monitoring Device Driving Permit, you will need to fill out an application and send it to the Secretary of State. An MDDP also requires the installation of a breath alcohol ignition interlock device (BAIID). This device locks your vehicle’s ignition, and you can only start your car once you have submitted a breath sample into the device. If the device detects alcohol on your breath, the vehicle will not start. If there is no alcohol on your breath, the vehicle will start normally. You are only permitted to drive the vehicle(s) with a BAIID installed during the MDDP period.
If you or a loved one were arrested for driving under the influence, contact the Law Offices of Scott F. Anderson for help. Our Arlington Heights criminal defense lawyer will help you figure out the best solution to your legal concerns and take the necessary action. Call 847-253-3400 for a consultation, free of charge.
Client accused of burglary was acquitted due to our skillful cross examination of eye witness identification.
Client accused of causing the death of another while driving under the influence - Acquitted.
Client accused of first degree murder - Acquitted.
Client accused of embezzlement - Charges never filed.
Hundreds of Secretary of State hearings for Drivers License Reinstatement - Won.