License Suspension after DUI
If you are arrested or accused of driving under the influence or while intoxicated, you will automatically be faced with having your license suspended, known in the state as statutory summary suspension. In addition to your license being suspended, you will also be facing possible fines or jail time. Statutory summary suspension makes it all the more crucial that if you are arrested on such charges that you being dialogue with a qualified legal professional right away.
For many people, having a suspended license means no way to get to work, to pick up children, or to carry on with necessary daily routines. Your attorney can work with you to file a petition before a judge in order to negate the suspension following a DUI arrest, but there is only a 90-day window to do so. That is, you only have three months from the day of the alleged incident to submit the petition in writing and file it with the Clerk of the Circuit Court. Failure to do so could mean that your license will be suspended throughout the duration of your case — resulting in losses greater than they otherwise could be.
Even in the chance that the judge rescinds your license suspension, you will still be driving on a restricted license. The state of Illinois requires that any person who has petitioned a judge for use of a restricted license must drive a car that has a breath alcohol ignition interlock device (BAIID) installed. These devices limit use of the car if the person operating it registers a blood alcohol content (BAC) above the legal limit.
The BAIID then keeps an internal record of how many times the car failed to start because the driver registered a BAC above the legal limit. This information will be used in court when it comes time for sentencing for the original incident. Because of this, many drivers opt not to petition a judge for a restricted license. Still others consider it a violation of personal property rights.
If you or someone you know has been accused of driving under the influence, the most important step is to seek legal counsel. Contact an experienced Addison, IL criminal law attorney. Call Stringini & Garvey, P.C. today at 630-834-9595 for your free initial consultation. We have combined experience of over 65 years of assisting our clients through the reinstatement process. We serve clients in Maywood, Wheaton, Rolling Meadows, Bridgeview, Cook County, and all surrounding Chicagoland areas and we will come to you.
Sources:
http://www.cookcountycourt.org/ABOUTTHECOURT/MunicipalDepartment/FirstMunicipalDistrictChicago/TrafficSection/DrivingUndertheInfluenceDUI/DUIArrestsonorafterJanuary12009.aspx
http://www.cookcountycourt.org/ABOUTTHECOURT/MunicipalDepartment/FirstMunicipalDistrictChicago/TrafficSection/DrivingUndertheInfluenceDUI.aspx
