Will it be considered a first or second con eviction will my liscence be revoked for 1 year or 5
You can only receive supervision for DUI once in your lifetime. Thus, the prosecutor in a criminal case will be seeking a conviction for any future DUI's. A DUI conviction will result in you driving privileges being revoked rather than suspended. Additionally, although you may have received notice from the Secretary of State that you license is being suspended now as a result of your blood alcohol concentration being over .08 or your refusal to submit to a test, that is something separate to the criminal charges against you. Once convicted in a criminal matter for DUI (either plead guilty or found guilty by judge/jury), your license will be revoked until you apply and successfully obtain for reinstatement.
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If the DUI’s are more than five years apart from one another - the S.O.S. treats the statutory summary suspension as a first time offender. However, the criminal Courts treat the second DUI as a second offender. If found guilty as charged, in addition to the criminal penalties, your license gets revoked indefinitely. This means you have to go through a successful formal hearing with the S.O.S. in order to get any type of driving relief.
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You need to contact an attorney who does DUI immediately to lessen your exposure to losing your driving privileges.
DISCLAIMER The opinion given above by the lawyer serves for educational purposes only and provides general information and basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide a case specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice the site should not be used as a crude substitute for any professionally competent legal advice by a licensed attorney in the applicable jurisdiction. The attorney above attempted to provide a competent professional opinion, however, laws and applications change frequently and vary greatly in U.S. jurisdictions and locales, therefore, any information and opinions expressed above remain general in nature, and may not apply to specific, factual or legal circumstances related to one's present legal issues. Contact an experienced lawyer admitted to practice in the State to obtain comprehensive legal assistance before making an informed decision regarding a particular legal issue within an attorney-client privilege setting. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois
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