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In Illinois, there are two different types of actions that the state can take against your driver’s license due to DUI. You will receive a driver’s license suspension, a driver’s license revocation or both.

A suspension has a specific ending date. When the suspension date arrives, the suspension ends after you pay a reinstatement fee. A revocation also has an ending date but when the date comes, you do not automatically get your license back but instead must have a driver’s license hearing.

Your DUI arrest involves two cases. The first is the suspension case. The suspension arises not from the state having to prove you were driving drunk but from the mere fact that they asked you to take a breath or blood test and you either: 1) refused to take the test or 2) took the test and registered over the legal limit of .08.

Therefore, even if the DUI is dropped or you are find not guilty, your license will be suspended unless your DUI lawyer is able to convince the judge that the police had no basis to stop you, or to believe you were under the influence or to ask you to submit to a breath or blood test.

How long you will be suspended depends upon two things. The first is whether or not you submitted to a breath test or refused. A refusal always results in a longer suspension because the police want you to take the breath test and make it easier to prove their case.

The second factor is whether you have a previous DUI arrest and how long ago that arrest occurred. If in the previous 5 years you have not had a DU arrest that resulted in court supervision, a plea down to reckless driving or a breath test suspension, you are a “first offender”. If you have had a DUI in the previous 5 years, even though you received supervision or reckless driving or the DUI was dismissed but you had a breath test suspension, you are not a “first offender”.

If you are a “first offender” and you took a breath test, your license will be suspended for 6 months. If you refused the test, the suspension will be for 12 months.

In either case, you will not be able to have a hearing with the Illinois Secretary of State to obtain a work permit. However, after the suspension has been in effect for 30 days, you are entitled to petition the judge for an MDDP.

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Former New York Yankees catcher and 1996 World Series hero Jim Leyritz is on trial for DUI manslaughter. Leyritz is accused of operating a motor vehicle while impaired by alcohol, causing the death of Freida Veitch, who was driving the vehicle with which Leyritz collided in Florida. In Illinois, this offense is known as reckless homicide.
The trial has just begun but there have already been a couple of interesting turns. Evidence shows that Veitch had a blood alcohol content of .18, well above the legal limt of .08. Leyritz’s blood alcohol level 3 hours after the crash was .14. An expert for the state, relying upon the alcohol absorption curve, concluded that Leyritz’s alcohol content at the time he was driving would have been .18.

Before the trial started, the prosecutor had obtained a ruling from the judge that the jury would not be allowed to hear evidence of Veitch’s alleged intoxication. These pretrial motions are known as motions in limine.

In a jury trial, one of the judge’s most important functions is to make rulings on whether the jury will be allowed to hear certain testimony. In some instances, a question is asked and the opposing attorney shouts “objection!” and the judge decides whether or not the witness will be allowed to answer the question. If he says “overruled”, the witness will be allowed to answer. If he says “sustained”, the witness will not be allowed to answer.

Every DUI lawyer knows, however, that there are certain questions that are so damaging that if the jury even hears the question, a sustained objection will not undo the damage that asking the question has created. This is the concept of not being able to “put toothpaste back in the tube” or “un-ring the bell”.

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Much confusion and misinformation exists about how the Illinois Secretary of State will handle a disposition of court supervision following an Illinois DUI arrest. In addition, many people do not understand the difference between supervision, probation and conditional charge for the purpose of Illinois DUI law.

It is worth repeating the two different cases an accused faces when charged with DUI. One case involves the criminal aspects of the charges- the fines, jail time, and other matters that arise in any criminal case.

The second case concerns the impact upon your driver’s license. The two are related but taking care of one does not always take care of the other. As a result, you can be cleared of the DUI and still lose your driver’s license, sometimes for as much as three years.

Your driver’s license is subject to suspension if you refused to take a breath test or if you took the test and registered above the legal limit of .08. The suspension is longer if you refuse than if you blow. A revocation occurs if you are convicted of the DUI.

A driver’s license suspension is for a definite period of time. At the end of that time, you are required to pay a fee and then your license will be returned to you, unless you were convicted of the DUI and your driver’s license was revoked. In that case, you must have a driver’s license reinstatement hearing before you can drive legally.

Court supervision requires you to plead guilty to the DUI charge. You will be fined and be required to complete a drug and alcohol evaluation, driver risk education classes and alcohol treatment, and attend a victim impact panel. The number of hours you are required to complete depends upon the risk level at which your evaluator places you.

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Wade Miquelon, the Chief Financial Officer for Walgreen Company was arrested in Kenilworth, Illinois for DUI. The chief financial officer for a company is one of its highest ranking officials. Kenilworth is one of the wealthiest suburbs in the United States.

This is Miquelon’s second DUI arrest in less than a year. At the time of his first DUI arrest, he registered a BAC of .128. The legal limit in Illinois is .08.

In connection with the first DUI arrest, Miquelon was granted court supervision for 12 months. Because a disposition of court supervision does not result in a driver’s license revocation, Miquelon was not required to have a driver’s license reinstatement hearing with the Illinois Secretary of State. Also, due to court supervision, there was no threat of jail time.

A second DUI arrest presents Miquelon with a whole new set of problems. Court supervision for DUI is available only once in your lifetime.

The idea that supervision does not “go on your record” is only partially true. The Illinois Secretary of State maintains different driving records. Access to some of those records is restricted.

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According to the Illinois Secretary of State’s DUI Fact Book, the typical cost of a DUI conviction in Illinois is about $15,000.00. Some of the costs are apparent, while others become evident only when your Illinois driver’s license is lost due to a DUI.

Starting at the point of your DUI arrest, you will be taken to the police station. Your car will be left on the roadside, waiting to be towed. You will be responsible for towing and storage expenses.

After the police have processed you after the arrest, you will be required to post a bond before being released. The bond will be no less than $100 and as much as $300. In addition, the court will assess a non-refundable processing fee.

Upon your release from jail, you will want to retain the services of a DUI lawyer. Most will, before agreeing to represent you, require a retainer fee (down payment). Additional fees may be due as your case progresses.

It is important that you discuss all fee matters with your DUI lawyer. You may think that all lawyers are the same and the least expensive lawyer is your best choice. However, instead of an inexpensive lawyer, you may end up with a cheap one (You get what you pay for).

On the other hand, the most expensive lawyer is not necessarily the best one! You should look at things such as the lawyer’s experience, reputation, client feedback and what other lawyers think about your potential lawyer. A handy reference source for lawyer ratings is AVVO.com , where the highest possible rating is 10.0. AVVO ratings are based upon feedback from past clients and from other lawyers who are familiar with the work of the lawyer being rated.

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Vince Neil, singer for the rock band Motley Crew, was charged with DUI. According to police reports. Neil’s blood alcohol concentration (BAC) was .08. The legal limit in Nevada, where Neil was arrested, is .08, the same level as Illinois DUI law provides for.

At this point, it is not clear how long after the DUI arrest Neil registered his .08 BAC. In Illinois, for instance, the police must, once the decision is made to arrest you for DUI, begin a 20-minute observation period. During that time, the police must confirm that you have not consumed any alcohol or done anything else that could cause a false reading (such as burping or regurgitating).

Furthermore, the test must be administered under specific conditions set for in Illinois State Police regulations. The officer administering the test must be properly trained, and the breath machine must undergo certification.

Failure of the police to follow these exacting procedures may result in dismissal of the DUI charges. Only a DUI lawyer will understand how to challenge the reliability of the Breathalyzer test results.

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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.

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Horace Mann Educators Corporation is a Springfield Illinois-based company that sells insurance policies primarily to teachers and educators. Its Chief Executive Officer, Louis Lower, was arrested for DUI in Florida.

When someone is arrested for DUI, there are two cases to consider. The first is the criminal matter, which would have been governed by Florida law. The second is the effect a DUI has on your privilege to drive.

If Mr. Lower held a Florida driver’s license, the DUI would probably have a negative effect upon that license. But even if Mr. Lower held an Illinois license, Florida law probably has provisions that would serve to invalidate, at least for a period of time, an otherwise valid driver’s license issued by any other sate.

The Florida DUI would also invalidate his Illinois drive’s license. Florida is a member of the Interstate Drivers License Compact, as is Illinois. States who are members of the Compact have obligated themselves to report traffic offenses, including DUI, to the licensing state. While many states do not report minor traffic offenses, and while some states do not even report DUI offenses, it is this author’s experience that Florida does report DUI offenses to Illinois.

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The state of Wisconsin provides for enhanced penalties (more jail time) if someone is convicted for a fourth time of a DUI offense. A Wisconsin judge was asked to decide whether a Wisconsin resident’s previous Illinois DUI and his Zero Tolerance (“ZT”) offenses should all be included in determining whether the Wisconsin DUI conviction he had received was his fourth offense for enhancement purposes.

Both sides seemed to agree that the previous Illinois DUI, even though it occurred in another state, would count. In Illinois, out-of-state DUI offenses would likewise be counted when Illinois has a hold that prevents someone from obtaining a license in another state. The real point of disagreement was whether the ZT tickets should count. As an Illinois driver’s license reinstatement lawyer, this writer does not believe that ZT offenses should be viewed as DUI convictions. The reason is that ZT offenses only apply to a driver under the age of 21 years. As a result, the State is nor required to prove that you were driving drunk. They simply have to show that there was any amount of alcohol in your system.

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As an Illinois DUI lawyer, I have been following the story of Mel Gibson’s 2006 arrest for DUI. Gibson was pulled over on July 28, 2006 and investigated for DUI. During the course of the investigation, Gibson made anti-Jewish comments.

There were allegations that the LA County Sheriff’s Department attempted to cover up Gibson’s action by, among other things, amending the investigating deputy’s police report to remove some of Gibson’s anti-Semitic statements. The deputy who wrote the original report has sued the LA County Sheriff, alleging that the department damaged his career to retaliate against his telling the truth about Gibson.

If you are arrested for DUI in Illinois, you should understand what happens during the traffic stop leading up to the arrest. You will likely initially have contact with the police because of an alleged traffic offense, suspicious behavior, a citizen’s complaint or a safety checkpoint.

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