Illinois DUI Lawyer Blawg
You were arrested for DUI and later convicted. Now your Illinois drive’s license is revoked.
You have read the Road to Reinstatement publication provided by the Illinois Secretary of State. It describes a confusing process. You decide to find a driver’s license reinstatement lawyer.
In making the selection, it helps to understand the Illinois driver’s license reinstatement process. To do so, you must be aware of all the consequences of an Illinois DUI conviction.
You have criminal issues (fines, jail, probation) to deal with. The judge or probation office may require you to obtain a drug and alcohol evaluation and possibly complete classes.
In addition to the criminal case, you will also lose your driver’s license in two different ways. First, your driver’s license will be suspended for anywhere from 6 months to 3 years. A suspension ends automatically.
A suspension does not depend upon the state proving you were drunk. In fact, the suspension can even stand in cases where the DUI case is dismissed or you are found not guilty of DUI.
Your license is revoked when you are convicted of the DUI. It will be revoked for 1,2, 3, 5 or 10 years. At the end of this time period, you do not get your license back automatically. Rather, you must have a driver’s license hearing with the Secretary of State.
The drug and alcohol evaluation that you obtained for court must be updated to take into account what has happened since you completed the evaluation for court. You must also take alcohol classes.
The type and length of classes you must take depends upon the classification at which the evaluator places you. There are certain minimum classifications based upon your particular situation. Remember, these are minimums, and the evaluator can put you into a higher level which requires more classes.
A “DUI disposition” includes: 1) a DUI conviction (including out of state) 2) court supervision, 3) a reckless driving conviction that was originally a DUI, or 4) a suspension, for either blowing above the legal limit, or refusing to blow, even if the DUI is dismissed.
If this is your first “DUI disposition” and if your BAC level was less than .15 on the test administered at the police station, the evaluator may place you at the minimal risk classification. This will require you to complete a 10-hour driver risk education course.
If this is your first “DUI disposition” and you refused to take the breath test that the police asked you to take at the police station, or you registered between .15 and .19 on the test, you must be placed at no less than a moderate risk level. This requires the 10-hour driver risk education course and 12 hours of alcohol abuse counseling.
If you have a previous “DUI disposition” or your BAC is .20 or higher, you must be classified at least significant risk. As such, you have to complete the 10-hour course and 20 hours of alcohol treatment.
If you have 2 or more “DUI dispositions” within 10 years before the most recent DUI, (3 in 10 years) you must be classified as high risk. In that case, you will be required to complete 75 hours of alcohol treatment.
Anybody, regardless of the number of DUI dispositions, who is found to have three or more DSM IV dependency symptoms, must complete 75 hours of treatment. In addition, those persons must demonstrate 12 months of abstinence (no alcohol or drugs) and provide evidence of a support program, typically Alcoholics Anonymous or a non-traditional support program such as church.