There are many ways that you can lose your driving privileges in Illinois -- not paying child support, not taking care of parking tickets and not paying toll fees. However, the most common way Illinoisans lose their driving privileges is by being convicted of driving under the influence (DUI) or related charges. In Illinois, you are subject to an administrative license suspension, in addition to any criminal suspensions you may face. Failing a chemical test to measure your blood-alcohol content (BAC) and refusing to take a chemical test are two common DUI-related charges that result in a loss of driving privileges. In order to get your driving privileges back, you will have to attend an informal or formal hearing at the Illinois Secretary of State’s office.

Informal Hearings

If your driver’s license was suspended or revoked due to a DUI-related charge or conviction that did not involve a fatality and this was your first DUI, you do not have to attend a formal hearing and can attend an informal hearing. Informal hearings are held at certain driver services facilities throughout the state on a walk-in basis. You will provide the hearing office with all applicable documentation, which will then be sent to the main office in Springfield. The main office will mail you a letter stating the outcome of the hearing, which can be either a denial, a restricted driving permit or a full reinstatement of your driving privileges.

Formal Hearings

If this is not your first DUI disposition or your DUI charge involved a fatality, you will be required to attend a formal administrative hearing. You must mail in a written request for a hearing, which will take place at administrative buildings in either Springfield, Chicago, Joliet, or Mt. Vernon. During the hearing, a hearing officer will listen to all testimony, review all documentation and examine all evidence and witnesses. The hearing officer will then issue a recommendation based on all of that information.

Seeing flashing red and blue lights in your rearview mirror usually causes panic or a sinking feeling of dread. If a police officer pulls you over because he or she suspects that you may have been drinking, you probably did something that caught their attention, which could have been as simple as forgetting to use your blinker while you were turning or as serious as swerving in and out of your lane. Most DUI stops in Illinois will follow the same procedure, but can vary depending on the individual officer and police department they are with. Being pulled over can be scary, but if you know what to expect, it can be a little less intimidating.

Timeline of a DUI Arrest

• You could have been stopped at a routine roadside safety check, or the officer could be stopping you because they have probable cause or reasonable suspicion that you are under the influence. Most of the time you will have broken a traffic law in some way.
• Once the officer has pulled you over, he will begin observing you while he asks for your license, registration, and proof of insurance. Most of the time he will be able to tell whether or not you are under the influence of alcohol from this observation.
• If he thinks that you may be under the influence, he will ask you to get out of your vehicle to perform a couple field sobriety tests. If he does not think you are under the influence, he will let you go.
• The officer will then conduct various field sobriety tests, which can be both standardized and non-standardized. The most common field sobriety tests used are the walk-and-turn test, the horizontal gaze nystagmus test, and the one-leg stand test.
• If you failed any of the field sobriety tests, the officer has gained probable cause and will then place you under arrest for DUI and take you to the police station where you will be asked to submit to chemical testing of your breath, blood or urine.
• If you refuse to submit to chemical testing or you fail the chemical test, you will be subject to a statutory summary suspension.
• If your driver’s license is valid, you will receive a receipt which allows you to drive for the next 45 days. After those 45 days, the statutory summary suspension will go into effect.
• You will be required to post bond or you may be kept in police custody until bond is posted. Your vehicle may also be impounded, towed or seized.

Are You Facing DUI Charges? A Skilled Chicago DUI Defense Lawyer Is Your Answer

What you do after you are arrested for DUI is of the utmost importance. If you will be subject to a statutory summary suspension, you only have 45 days until that goes into effect. Discussing your case with a Skokie DUI defense lawyer can help you figure out what your best plan of action is. Your next step should be to contact the Luisi Legal Group to see how our skilled attorneys can represent you and help you minimize the impact this will have on your life. Call the office at 773-276-5541 to set up a consultation.

When you get your driver’s license in Illinois, you are agreeing to a number of things, such as carrying insurance when you drive, obeying all traffic laws and driving in a safe manner. What some Illinois drivers may not know is that when they obtain a driver’s license, they are also giving their implied consent to be subject to a chemical test, such as a test of the blood, breath, urine or other bodily substance, which is used to determine whether or not the driver is under the influence of alcohol or other drugs. When drivers are arrested for DUI and refuse to submit to these tests, they are subject to a statutory summary suspension of their driving privileges.

What Is a Statutory Summary Suspension?

In Illinois, when a driver is arrested for DUI and refuses to submit to chemical testing or fails a chemical test, he or she will automatically have their driving privileges suspended. Failing a test means that their blood-alcohol content (BAC) measured at a .08 or over or the THC content was either 5 or more nanograms per milliliter of blood or 10 nanograms or more per milliliter of another bodily substance. A statutory suspension is not a punishment for a DUI conviction--consequences for a conviction would be added to the suspension. Even if you challenge the arrest in court, the suspension is still in effect.

An ignition interlock device (also sometimes referred to as an “IID” or a “breath alcohol ignition interlock device” (BAIID)) is a tool that can be installed in an auto that prevents the vehicle from turning on if the driver’s breath alcohol concentration (BAC) is higher than a certain pre-programmed level. If an ignition interlock device is installed on your vehicle then you must blow into the attached breathalyzer before you drive. If no alcohol (or a permissible amount of alcohol) is detected on your breath then your car will start as usual, however, if you fail the breathalyzer test then your vehicle will be locked for a predetermined amount of time (generally the vehicle’s ignition will be locked for a few minutes after the first failed test and will be locked for a longer period of time if a second or subsequent breath test is failed). Additionally, some ignition interlock devices also require drivers to submit to random re-testing while driving.

Ignition Interlock Devices in Illinois

Here in Illinois, anyone who is convicted of driving under the influence (DUI) may be required to have an ignition interlock device installed on any vehicle that they wish to operate as a condition of having their driving privileges restored. The penalties associated with driving without an ignition interlock device when required to have one can be extremely steep in Illinois. In fact, LifeSafer.com notes that driving without an ignition interlock device in Illinois is a Class 4 felony offense that is punishable by imprisonment for up to three years and payment of a fine of up to $25,000.

You can probably imagine what it feels like to be pulled over by the police on a night where you have had a few drinks, even if it has never happened to you before. The lights flash behind you and your heart sinks. By the time the officer is at your window, you are probably extremely nervous, but you want to make this go as smooth as possible so that you get home quickly. As expected, the officer asks if you have been drinking, and you honestly answer that you had a couple earlier. Then, the officer asks if you will take a breathalyzer test. Can you refuse?

Understanding the Law

According to Illinois law, drivers give their implied consent to submit to blood alcohol content (BAC) testing by operating a motor vehicle on the streets and roadways of the state. There is an important caveat, however. Implied consent only refers to testing that is conducted incident to an arrest for driving under the influence (DUI). This means that you are under no obligation whatsoever to take a BAC test unless and until you have been arrested on suspicion of DUI. Regardless of what the officer tells you, if you have not been arrested, you cannot be forced to take a breathalyzer.