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…
On April 21, 2011, the Illinois Supreme Court, in a unanimous 7-0 opinion, issued a ruling important to Illinois DUI lawyers. Understanding the decision requires some knowledge of Illinois DUI law. The state has several methods at its disposal to sustain a DUI charge. The traditional means is to prove…
If you are arrested for Driving Under the Influence (DUI) in the State of Illinois, you immediately have two cases. One involves the criminal case (jail, fines, probation etc). The other involves the driver’s license. Your driver’s license will be suspended for a period of time, anywhere from 6 months…
If you have been arrested for Driving Under the Influence (DUI) in Illinois you may be eligible for an MDDP during the time your driver’s license is suspended. During a DUI arrest, you will be asked to provide the police with a breath or blood sample to determine whether your…
If you are convicted of Driving Under the Influence (DUI) in Illinois, your driver’s license will be revoked. In order to be allowed to drive legally, you must have a hearing with the Secretary of State. There are certain steps for you to take in order to prepare for such…