Charged with DUI in Illinois? Find helpful answers to common questions.
WILL MY LICENSE GET SUSPENDED IF I GET A DUI?
Illinois is an "Implied Consent" State and all persons using the public highways are said to have given their consent to submit to chemical testing upon the request of law enforcement. If you refuse a breathalyzer or fail testing, then your license will be suspended.
HOW DO I GET MY LICENSE BACK AFTER A DUI SUSPENSION?
Just because the suspension period is over does not mean your driver's license is automatically valid. You must contact the Illinois Secretary of State and pay a reinstatement fee before they will lift the suspension on your license. It is recommended that you pay this fee approximately one month prior to the termination of your suspension to ensure that your license is valid once the suspension has terminated.
AM I ELIGIBLE FOR A PERMIT?
For first time offenders who had their license suspended because they refused or failed chemical testing are eligible for a driving permit during the period of suspension. This permit allows you to drive anytime and anywhere as long as you operate a vehicle that is Equipped with a BAIID (Breath Alcohol Ignition Interlock Device). This device requires the driver to submit a breath sample prior to starting their car. The car will only start if the driver has no alcohol in their system. To apply for this permit, you will need to submit a MDDP (Monitoring Device Driving Permit) application to the Secretary of State's Office. This application will be mailed to you once the Secretary of State has confirmed the suspension on your license.
CAN I FIGHT THE SUSPENSION OF MY LICENSE?
Yes. You may file a petition to rescind the suspension on your license with the Circuit Court within 90 days of when you were given notice of the suspension. After filing this petition, the petitioner is given an opportunity to present legal proof to the court to have the suspension rescinded. If the court believes that police officers did not have probable cause to initiate a traffic stop or effectuate a DUI arrest, or there is a technical defect in the paper work or breath results you might have the suspension of your license rescinded.
DO I HAVE TO TAKE A BREATHALYZER?
Unless you were involved in an accident involving death or great bodily injury to another person, you may refuse a breathalyzer or chemical testing. If you refuse, however, your driver's license may be subject to a statutory summary suspension. Under Illinois law, the police can only demand that you take a breathalyzer or submit to chemical testing if they have enough probable cause to believe you were driving under the influence. Prior to administering any breathalyzer or chemical testing, police are required to read you warnings listing the consequences of failing or refusing the test.
WHAT ARE FIELD SOBRIETY TESTS?
When a police officer initiates a traffic stop and suspects that the driver is impaired, he may ask that the driver complete a series of sobriety tests. There are three standard field sobriety test that the National Highway Traffic Safety Administration (NHTSA) has developed that police officers use to determine if someone is under the influence of alcohol. These are the Horizontal Gaze Nystagmus Test (HGN), walk and turn test and one leg stand test. During the HGN test, an officer will have the subject follow his finger while he looks for nystagmus (slight shaking) in the subjects eyes. The walk and turn test involves the subject taking 9 heel-to-toe steps on a line, executing a turn and taking 9 steps back. During the one leg stand test, the subject is required to raise one foot 6 inches off the ground for 30 seconds while keeping their hands by their side. During these test, police officers look "clues" that are defined by NHTSA.
DO I HAVE TO DO FIELD SOBRIETY TESTING?
You are not required to participate in any field sobriety testing. Often times these tests are not conducted in an environment that is ideal for administering these tests. The National Highway Traffic Safety Administration (NHTSA) requires these test to be conducted in an area with a hard, smooth , flat, dry surface. Usually, police officers will make the subject perform these tests on the side of the road at night while traffic is passing despite the regulations promulgated by NHTSA.
Our Rating is calculated using information the lawyer has included on
their profile in addition to the information we collect from state
bar associations and other organizations that license legal
professionals. Attorneys who claim their profiles and provide Avvo
with more information tend to have a higher rating than those who do
What determines Avvo Rating?Experience & background
Years licensed, work experience, education
Legal community recognition
Peer endorsements, associations, awards
Legal thought leadership
Publications, speaking engagements
This lawyer was disciplined by a state licensing authority in .
Disciplinary information may not be comprehensive, or updated. We recommend that you always check a lawyer's disciplinary status with their respective state bar association before hiring them.