In Illinois, the rules and regulations that govern administrative agencies are found in the Illinois Administrative Code (“IAC”). These rules must be promulgated in accordance with the Administrative Procedure Act (“APA”) 5 ILCS 100/1-1 et. seq. In general, a proposed rule is published in the Illinois Register, giving the public…
When you receive a DUI (Driving Under the Influence) in Illinois, you face different types of driver’s license consequences. Your particular situation will govern where you go for driving relief and when. At the time of a DUI arrest, the police will ask you to submit to testing to determine…
Illinois law has special provisions pertaining young adults (those under the age of 21) who experience alcohol related incidents. Perhaps surprisingly, several of these offenses can cause a suspension or revocation of driving privileges even though they were not committed in a driving-related context. A suspension is for a definite…
When you arrested for DUI, there are two potentially negative consequences. The first is criminal. You can be sentenced to jail if you are convicted of DUI. The consequences of an Illinois DUI arrest are less severe if you are eligible for, and receive, court supervision. Court supervision is not…
The impact an out of state offense for Driving Under the Influence (DUI) has on your Illinois driver’s license depends upon a number of factors. There is no one-size-fits-all answer. If someone holds a driver’s license in one state (the licensing state) and receives a DUI in another state (the…
In Illinois, “driving under the influence” (DUI) is a shortcut term for a legal offense. The phrase may work in casual conversation and in news reports. However, Illinois law defines the offense of DUI in a very specific manner. In the American judicial system, there are several ways in which…
Since 1986, Illinois law has had in place the Statutory Summary Suspension (SSS) law. If, in connection with a DUI arrest, the police ask you to provide a breath or blood sample to analyze your alcohol level, you have the choice of whether to submit or refuse. If you submit…
In the context of Driving Under the Influence (DUI) arrests, Illinois offers three sentencing options. You ought to be aware of these if your DUI lawyer concludes that your Constitutional rights have not been violated, if the state has complied with all procedural requirements and if the evidence against you…
It has not (yet) reached the point where the police can stop the operator of a motor vehicle for no reason whatsoever. You are protected from “unreasonable searches and seizures“. Judges decide where to draw the line between reasonable and unreasonable searches and seizures. When you are in your house,…
The Fourth Amendment to the United States Constitution prohibits “unreasonable searches and seizures”. An arrest, including a DUI arrest, constitutes a seizure. If a court (judge) finds that a seizure is unreasonable, the arrest is deemed illegal. For the most part, any evidence gathered as a result of the arrest…