How will a DUI arrest affect my driving privileges?
Everyone arrested for DUI faces a temporary suspension of their driving privileges 46 days from the date they either submit to a breath test, or, alternatively, refuse any type of breath, blood or urine test. This is called a Summary Suspension.
For those who take and fail a chemical test (whether breath, blood, or urine), the suspension lasts for 6 months. For those who refuse any such testing, the suspension lasts for 12 months. In this situation, eligibility exists for a driving permit that is effective for all but the first month of the suspension. This driving permit requires the installation of a breath device known as a BAIID machine (Breath Alcohol Ignition Interlock Device).
If a person had a previous DUI within 5 years of the current DUI arrest, the suspension periods increase to 12 months for those taking and failing the chemical test, and 3 years for those who refuse a chemical test. Additionally, in this situation, there is no driving permit allowed no matter what hardship exists. It is referred to as a hard suspension.
The summary suspension automatically terminates at the end date of the suspension as long as the Secretary of State has received a reinstatement fee of $250.
Am I eligible for a driving permit? Will I need a breath device in my car?
During a person’s summary suspension period, they will be entitled to a driving permit referred to as a MDDP (Monitor Device Driving Permit). This permit allows unrestricted driving for the length of the suspension, except for the first 30 days of the suspension. The first 30 days is known as a hard suspension where no driving is allowed under any circumstance.
After the 30th day, driving can start for the remainder of the suspension period without restriction as long as a BAIID machine (breath device) is installed in the vehicle. The only potential exception to the BAIID requirement is for someone who must drive a company owned vehicle for work purposes.
Anyone who had a prior DUI within 5 years of the current arrest, is ineligible for the permit and cannot drive under any circumstance during the suspension period.
Can anything be done to avoid the summary suspension?
A summary suspension can be dismissed if a judge finds a technical error. An attorney should usually file a Petition to Rescind the Summary Suspension that can allow a judge to rule on the existence of any such error. However, there are limited issues on a request to rescind the suspension.
The issues mainly include whether a hearing was timely provided, whether probable cause existed for the arrest, and whether a person was properly warned of the consequences of taking or refusing a breath, blood, or urine test.
What happens if I am convicted of a DUI? Is a revocation different than suspension?
A conviction for a DUI will result in your driving privileges being revoked by the Illinois Secretary of State.
A revocation of driving privileges differs from a suspension in that a suspension is for a set period of time. At the end of the suspension time period, driving privileges are automatically restored upon paying a reinstatement fee. Driving privileges are returned after a revocation only after a hearing with the Secretary of State wherein a decision is made by them that a return of driving privileges is appropriate. There is no set time period when this occurs. It is, basically, at the discretion of a hearing officer for the Secretary of State.
How can I avoid receiving a conviction for DUI? What is court supervision?
The most obvious way to beat a DUI conviction is to be acquitted of the charge after a trial. This outcome will, of course, depend on the strength of the prosecutor’s case. They always have to prove beyond a reasonable doubt that the accused was in control of a motor vehicle and impaired by alcohol and/or drugs at the time.
DUI arrests are commonly recorded through the use of a squad car video. At times, this can be a huge advantage to the defense as it can remove the officer’s inherent bias from consideration. Refusal of sobriety tests as well any breath, blood, or urine test can make it much more difficult for the prosecutor to win a DUI case.
Absent being able to beat the DUI on it’s merits, a disposition of court supervision is the next best alternative. Court supervision is a deferred dismissal of the DUI case. No conviction enters, thereby avoiding any revocation of driving privileges. However, receiving court supervision for a DUI is a once in a lifetime disposition. Anyone with a prior DUI disposition, no matter how old, is not eligible to receive court supervision.
What are the typical penalties for a DUI case in Joliet, Will County?
The typical penalties for a DUI in Joliet, Will County vary depending upon the past DUI history of the defendant, as well as the circumstances of the individual case.
Usually, a person will be eligible for court supervision for a first DUI arrest. Supervision is a deferred dismissal of the case and avoids the entry of any conviction as well as the revocation of driving privileges. A sentence of court supervision will require payment of fines and costs, attendance at a victim-impact panel, as well as obtaining an alcohol evaluation and complying with its recommendations. If a person takes a breath, blood or urine test resulting in an alcohol content of .16 or greater, 100 hours of public service work will also be required.
A person with a prior DUI disposition is not eligible for supervision and can only be sentenced to a conviction. Any DUI conviction will result in a revocation of driving privileges that can only be restored after a successful hearing with the Secretary of State.
In addition to a conviction, a second DUI requires either a minimum mandatory sentence of 5 days in jail, or, alternatively 240 hours of public service work. If a breath, blood, or urine test was done with a result of .16 or higher, any sentence shall also require a 2 day jail sentence in addition to any other sentence.
A third DUI is felony eligible where the potential penalties increase. A fourth DUI can be charged as a class 2 felony requiring a sentence to the Illinois Department of Corrections upon conviction.
Can I expunge my DUI arrest?
A DUI arrest can only be expunged if the end result of the case is an acquittal. Otherwise, the arrest cannot be expunged or sealed and will always be on a person’s Illinois driving record.
Do the police have to read me my Miranda rights upon arrest?
The police are never required to advise someone of their constitutional rights upon arrest simply because an arrest was made. Miranda rights only need to be given to someone when that person is in police custody and the police are asking potentially incriminating questions.
If the police fail to properly provide Miranda warnings in such a circumstance, any statement given may be suppressed by the Court. Otherwise, the failure of the police to provide someone Miranda rights is meaningless.