CAN MY DRIVER'S LICENSE BE SUSPENDED FOR UNPAID CHILD SUPPORT?

Under the "Deadbeats Don't Drive" law, a person's driver's license can be suspended for unpaid child support.  This would be reported by DCFS to the Secretary of State's office for processing.  An individual with a suspended license pulled over for a DUI could significantly complicate the matter and be cause for a much more expensive case. 

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NO REFUSAL WEEKENDS

In Illinois, a driver has the right to refuse to submit to sobriety testing when pulled over for suspicion of DUI.  If a driver does this, law enforcement typically needs to follow the normal channels in order to obtain a warrant to perform a chemical test on the driver.  These channels obviously take additional time, however, that seems to be changing.  Illinois is one of nine states which enacted "No Refusal Weekends."  Essentially, on specified weekends, law enforcement will have judges available to quickly obtain warrants in order to conduct the chemical testing much sooner than normal.  This basically eliminates any benefit of a driver refusing to submit to testing.  Many people are challenging the legality of these checkpoints  and claiming that they take away rights and freedom.  I'm sure we are not done hearing the debates about this law, and we will let you know when and if these legal challenges are resolved.

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WHAT IS THE LICENSE SUSPENSION PERIOD FOR A 2ND DUI?

If an individual receives a second DUI and is either convicted or pleads guilty to the charge, they are looking at a mandatory license suspension.  If the individual does not submit to the field sobriety tests when pulled over for the second DUI, they could be looking at a 3 year license suspension.  However, if an individual does complete the field sobriety tests, he/she may only face a one year license suspension.  This also assumes that neither of the charges are aggravated DUI's and there are no other extenuating circumstances.  If you are facing a second DUI, please contact a DUI attorney with our office immediately to protect your rights.  

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VEHICLE FORFEITURE FOR DUI

In addition to fines and the revocation of driving privileges, your vehicle can also be forfeited, or seized, as the result of a DUI.  After the vehicle is seized, it can be sold as well, with the proceeds being retained by the state.  Although first time DUI offenders typically don't have to deal with this issue, it is always a possibility, and the more serious your offense the greater likelihood your vehicle can be sold.  If you have been charged with a DUI, contact an experienced DUI attorney immediately.

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WHAT IS AN AGGRAVATED DUI?

In Illinois, an aggravated DUI results when a driver, while driving under the influence, does something or there are additional circumstances which make the situation more serious than a standard DUI.  Obviously, an aggravated DUI carries stiffer penalties and is considered a felony.  A list of aggravating circumstances can be found in the Illinois statute at 625 ILCS 5/11-501(a)(1).  If you are charged with an aggravated DUI, contact one of our experienced DUI attorneys immediately.

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NEW ILLINOIS "SIGN AND DRIVE" LAW

A new law in Illinois no longer requires that drivers post their driver's license as bond for common traffic tickets.  Instead, drivers are allowed to simply sign the citation stating they agree to pay any fines and attend the court date if required.  Under this new law, the Illinois Secretary of State is still permitted to suspend the driving privileges of individuals who fail to comply with the citations.

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PUBLIC TRANSPORTATION APPS REDUCING DUI RATES

In a study published earlier this year, cities using public transportations apps, such as Uber, have seen DUI rates decrease by as much as 8%.  People surveyed stated that their intention to drink was the number two reason they utilized one of these public transportation apps after convenience.

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WOMEN RECEIVING DUI'S ON THE RISE

For most of the last decade, the statistics have held steady that the vast majority of people receiving DUI's in Illinois are male, about 77%.  However, that trend is beginning to change.  In the 1980's, only about 10% of DUI's were given to women, however, in the last 18 months, statistics are showing that women received 31% of the DUI's, and that number is rising.  Researchers have begun investigating why that may be, but there are no solid answers yet.

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NEW DUI LEGISLATION TO BE CONSIDERED

Under a new proposed law, an individual who has received a lifetime ban from driving due to multiple DUI convictions could receive one final chance for restricted driving privileges.  The individual would have had to wait at least five years from the issuance of the ban, have been alcohol/drug free, and complete a formal hearing with the Secretary of State.  If granted, these driving privileges would only be for specific hardships, such as driving to and from work.  The bill has been previously proposed, but only now may have sufficient support for passage.

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ILLINOIS APPOINTS MARIJUANA DECRIMINALIZATION TASK FORCE

Following the lead of other states, Illinois lawmakers are developing a task force to investigate and research legalizing and regulating marijuana use in the state.  The task force will be proposed on May 21st and the purpose is to investigate the costs and process of legalizing marijuana, as well as begin drafting a law decriminalizing the use of it to be proposed at a later date.

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HOW DOES THE NEW MARIJUANA LAW AFFECT DUI LAW?

On January 1, 2014, Illinois passed a new allow allowing the legalized use of marijuana for individuals with the appropriate permit issued from the Department of Health. However, how does this affect the existing Illinois law which prohibits any marijuana from being in a person's blood while operating a motor vehicle.  This new law will allow driver's with the permit to have marijuana in their blood as long as they are not impaired.  But there is a downside for such drivers.  In return, they must submit to physical performance tests as requested by law enforcement, and the failure of such can result in a license suspension.  Drivers without the medicinal marijuana permit are not required to submit to such tests and do not face suspensions for refusing or failing the test.

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LICENSE REINSTATEMENT AFTER FOURTH DUI IN ILLINOIS?

A new law is currently being proposed that would allow Illinois drivers to apply for license reinstatement after a fourth DUI.  The current law only allows reinstatement for drivers with three or less DUI's.  There are many people on both sides of this debate, with some arguing that once an individual is convicted a fourth time, his driving privileges should be permanently rescinded.  Others contest that people will continue driving even without a license so reinstating them with restricted driving privileges will allow the state to track their progress through a BAIID device as well as any follow subsequent violations.

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CHICAGO RAPPER CHARGED WITH DUI

Chicago rapper Chief Keef was pulled over early this morning for an expired registration on his vehicle when the officer smelled burnt cannabis.  Chief Keef reportedly failed a sobriety test and was subsequently arrested and charged with DUI as well as driving on a suspended license and operating an uninsured vehicle.  He court date is currently set for April 11 at the Waukegan court house.

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BRENT SENTENCED TO JAIL AND PROBATION

Ex-Dallas Cowboy and University of Illinois football player Josh Brent was sentenced to six months in jail and 10 years of probation for his part in the fatal DUI crash in late 2012.  Brent was convicted of intoxicated manslaughter under Texas laws for driving his former teammate, Jerry Brown, with a blood alcohol level of .18, more than twice the legal limit, when his Mercedes crashed, killing Brown. 

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LICENSE SUSPENSION FOR DRIVER UNDER 21

For drivers in Illinois who are under the age of 21, be aware that your driving privileges will be automatically suspended upon receiving two moving violations within the same 12 month period.  If you do receive a second moving violation, do not pay the associated fine, but rather, contact an attorney who may be able to obtain supervision or community service on your behalf.  This will prevent the second ticket from becoming a part of your driving record and your license will remain active.  While the cost of an attorney will likely be more than the cost of the ticket, many drivers believe it would be worth it to maintain their driving privileges.

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WHAT NOT TO DO WHEN YOU ARE PULLED OVER FOR SUSPICION OF A DUI?

Many people are unfamiliar with their rights when they have been pulled over by police under suspicion of a DUI.  There are certain things you should not do, and we have listed some below that are most often ignored by drivers:

1. Do NOT try to flee or drive from the scene.  This will only make matters worse and will likely result in harsher penalties and fines.

2. Do NOT say anything to police.  After pulling you over, the police officer's job is to determine if there is probable cause that you were driving under the influence of alcohol or drugs.  He or she will do this through your speech, smell, look, and balance.  They will encourage you to keep talking to either entice you to state something incriminating or to further evaluate your condition.  Nothing positive can come from speaking with an officer, and it can often hurt you.

3. Do NOT resist arrest.  Resisting arrest can be read as an indication of guilt, and could also result in additional charges against you such as assault.

4. Do NOT panic.  Even if you are arrested, you have not been convicted of anything and you do have rights.  Continue to maintain your silence and contact an experienced DUI attorney as soon as possible to discuss your case.  The sooner the better.

For additional questions or information, contact our attorneys below:

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