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DUI License Revocation Lawyers in Crystal Lake

Lake In the Hills DUI License Revocation Lawyers

McHenry County Attorneys for Driving Under the Influence

In Illinois, it is against the law for a person to be in control of a vehicle while having a blood alcohol content (BAC) of 0.08 percent or more. Similarly, it is illegal to drive if you have 5 nanograms per milliliter of THC (the psychoactive ingredient in marijuana) in your blood or 10 nanograms per milliliter of THC in another bodily substance. You may also be charged with driving under the influence (DUI) if you have any amount of a controlled substance in your system. Failing a chemical test for BAC, THC, or controlled substances will result in an administrative suspension of your driver's license. If you are convicted of DUI, your license will be revoked.

At Botto Gilbert Lancaster, PC - Illinois Driver's License Reinstatement Lawyers, we help individuals regain their driving privileges after losing their license because of DUI arrests or convictions. We will explain your rights and help you take the right steps to get back on the road as quickly as possible. Contact us by calling our office at 779-800-2250.

Will a DUI Always Result in My License Being Suspended or Revoked?

Most of the time, a person is arrested for DUI following a police traffic stop. If an officer suspects that you are intoxicated, you may be asked to submit to a Breathalyzer test and/or field sobriety tests. These tests may give the officer probable cause to arrest you, or you may be arrested if you refuse to submit to the requested tests.

Following your arrest, you will be asked to take a chemical test of your blood, breath, or urine. If a chemical test shows that your BAC is above the legal limit or that you were otherwise intoxicated, you will be subject to an automatic six-month statutory summary suspension of your driver's license for a first offense or a one-year suspension for a second or subsequent offense within five years. If you refuse to take a chemical test, your license will be automatically suspended for one year for a first offense, or three years for a second or subsequent offense.

A statutory summary suspension will apply even if you are never convicted of DUI. If you are convicted, you will also be subject to a driver's license revocation for a minimum of one year. The amount of time your license will be revoked may be longer if you are under the age of 21 or if you have previously been convicted of DUI. Moreover, a license revocation following a DUI conviction will last indefinitely; the time period of a revocation simply establishes the date you will become eligible for reinstatement. Reinstatement, or any form of driving relief, is NOT automatic. A Secretary of State hearing will be required before you can have your license reinstated or receive a Restricted Driving Permit (RDP).

Many out of state DUIs will also result in a driver's license revocation in Illinois, although the specific consequences will depend on how the state reports the offense. In states that have a point system for driving offenses, such as Wisconsin or Colorado, a DUI will be reported as a conviction, and this will lead to the revocation of an Illinois driver's license.

In Illinois, you may be granted court supervision for a first DUI offense. If a judge grants supervision, the mandatory penalties for a DUI conviction will not necessarily apply, and the judge will determine the appropriate consequences. This is a once-in-a-lifetime privilege. If you are arrested for DUI a second time, regardless of whether you were granted supervision for your first offense, you will not be eligible for supervision.

When Will I Need to Attend a Driver's License Reinstatement Hearing?

Once a sentence is imposed by the court, the conviction or supervision will be reported to the Secretary of State, which will take action to suspend, revoke, or cancel your driving privileges. If your license has been suspended or revoked, you may be able to obtain driving relief through an administrative hearing with the Secretary of State. During this hearing, you and your attorney will need to demonstrate that you have completed the necessary treatment or other steps that were required based on the risk you pose to society as determined by a licensed alcohol counselor. You may need to provide proof that you have received an alcohol/drug evaluation, completed a state-licensed treatment program, made the necessary changes to your lifestyle to minimize the risk of impaired driving, or are currently participating in support groups or other forms of treatment for drug or alcohol addiction.

Depending on the circumstances of your conviction, you may need to attend an informal hearing or a formal hearing. Informal hearings take place at a Secretary of State Driver Services facility, and they involve answering questions asked by a hearing officer. Formal hearings involve an examination by an attorney representing the Secretary of State, and they must be scheduled in advance. Our knowledgeable lawyers will make sure you are fully prepared to answer the questions you will be asked at a hearing, and we will help you compile and submit all the necessary documentation to demonstrate why your license should be reinstated.

What Are My Options For Regaining My Driving Privileges?

The Secretary of State may issue certain types of permits that will allow you to drive while your license is suspended or revoked. During the period of statutory summary suspension for a first-time DUI, you may be able to receive a Monitoring Device Driving Permit (MDDP) that will allow you to drive with no restrictions, as long as you have a breath alcohol ignition interlock device (BAIID) installed in your vehicle. This device will measure the amount of alcohol in your breath. If you have more than a trace amount of alcohol in your system, the car will not start.

If you are not eligible for an MDDP, you may be able to obtain a Restricted Driving Permit (RDP). This permit is sometimes called a "hardship license," because it may be requested if the loss of your driver's license would cause you and your family to experience hardship. An RDP will only allow you to drive for certain purposes, such as work, school, childcare, treatment groups such as Alcoholics Anonymous, or medical care. In many cases, you will be required to install a BAIID in your vehicle while driving with an RDP.

Call Us at 779-800-2250 Today

If your driver's license has been suspended or revoked because of a DUI arrest or conviction, you will want to determine the steps you will need to follow to regain your legal ability to drive. For help with driver's license reinstatement, contact the experienced DUI lawyers at Botto Gilbert Lancaster, PC. Call our office at 779-800-2250 and schedule a free, confidential consultation today. We serve clients in McHenry County, Crystal Lake, Barrington, and Cook County, Rockford and Winnebago County, Algonquin, Cary, Huntley, Round Lake Beach, Lake In The Hills, Woodstock, and the nearby areas.

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