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Archive for the ‘driving privileges’ tag

What You Need to Know About Underage DUIs in Illinois

December 12th, 2017 at 8:10 am

Rolling Meadows DUI attorney, underage drinking, underage DUI, zero tolerance policy, driving privilegesWe all know that it is illegal to operate a motor vehicle in Illinois with a BAC of 0.08 percent or more. Yet did you know that drivers who are under 21 years of age can get in trouble for driving under the influence if they have any detectable amount of alcohol in their system? This is because Illinois has what is known as a zero tolerance driving under the influence policy.

Illinois’ Zero Tolerance Policy

As noted on the Office of the Illinois Secretary of State’s website, a driver who is less than 21 years old and is caught with even a trace amount of alcohol in his or her system can get into a lot of trouble under Illinois’ zero tolerance law. Exactly how much trouble a young driver can get in depends on how much alcohol they are found to have consumed before getting behind the wheel. For example, a person who is under 21 can be charged with a DUI (aka driving under the influence) if he or she is caught with:

  • A BAC of 0.08 percent or more,
  • A BAC of 0.05 percent or more plus additional evidence proving impairment,
  • Any illegal drugs in their system, or
  • Other indications of having been driving while under the influence.

Furthermore, Illinois’ zero tolerance law provides that a driver who is under 21 will lose his or her driving privileges if he or she is caught driving after having consumed any alcohol at all. Underage individuals who get caught driving with alcohol in their system in Illinois lose their driving privileges as follows:

  • If convicted of a first DUI – driving privileges revoked for at least two years.
  • If convicted of a second DUI within five years – driving privileges revoked for at least five years.
  • If stopped and issued a ticket for a traffic violation (first offense) – driving privileges suspended for three months.
  • If stopped and issued a ticket for a traffic violation (second offense) – driving privileges suspended for one year.

The Consequences of Underage DUIs in Illinois

In addition to losing their driving privileges for a specified period of time, underage individuals convicted of driving under the influence in Illinois can be sentenced to serve time in jail (generally imprisonment for up to one year) and/or be ordered to pay a fine (typically up to $2,500). Furthermore, those convicted of driving under the influence often find that the consequences of a DUI conviction extend far beyond the penalties imposed by the court. For example, many people find that after being convicted their insurance provider decides to terminate their auto insurance policy.

Need Legal Advice? Contact a Local Rolling Meadows DUI Attorney

Anyone who has recently been charged with driving under the influence in Illinois should contact an experienced Rolling Meadows DUI attorney Christopher M. Cosley without delay. It is important to realize that driving under the influence, whether you are over or under 21, is a serious criminal offense in Illinois that can carry steep fines and serious jail time. Therefore, if you have been accused of driving under the influence it is critical that you consult with a local criminal defense lawyer about your legal options right away.

Source:

http://www.cyberdriveillinois.com/departments/drivers/traffic_safety/DUI/uselose.html

Revoked vs. Suspended Driver’s License: The Difference in Illinois

July 5th, 2017 at 9:09 am

driver’s license reinstatement, driving privileges, suspended driver's license, suspended or revoked license, revoked driver’s licenseSection 6-303 of the Illinois Code makes it illegal to drive a motor vehicle if your driver’s license is revoked or suspended. But what is the difference between a revoked license and a suspended license?

An article from The Balance summarizes the key difference well by noting that “a suspended license is bad and a revoked license is very bad—a suspended license is a temporary hardship, but a revoked license is permanent.” Consider the following additional differences that differentiate a revoked driver’s license from a suspended driver’s license in Illinois.

Key Differences

The main difference between a revoked driver’s license and a suspended license is that suspensions have an end date while revocations mean an indefinite loss of your driving privileges. This is because a suspended driver’s license can be reinstated after you have attended a reinstatement hearing with a Secretary of State hearing officer and have complied with all post-hearing requirements.

A revoked driver’s license, on the other hand, can never be reinstated. However, this does not mean necessarily mean that you will never be allowed to drive again. If your Illinois driver’s license has been revoked, then you are allowed to apply for a new driver’s license after the specified period of revocation has passed (unless a lifetime revocation has been placed on your driving privileges).

Other important differences between a revoked and a suspended driver’s license include:

  • Why the DMV Limited Your Driving Privileges: The Illinois Department of Motor Vehicles (DMV) suspends driver’s licenses for a wide variety of reasons (for example, traffic violations, failure to appear in court, parking violations, driving under the influence (DUI), failure to pay child support, etc.). However, the DMV only revokes a driver’s license for serious violations (for example, committing a criminal DUI, stealing a vehicle, leaving the scene of an accident, being convicted of drag racing, etc.).
  • Applicable Fees: The fee charged to reinstate a suspended Illinois driver’s license is usually substantially lower than the fee charged in connection with revoked licenses. How much the reinstatement fee for a suspended license is varies depending on the reason for the suspension but is often $70 (although it can be as much as $500), while the fee for a revoked license is usually $500.

Unsure if Your Driver’s License is Revoked or Suspended?

If you are unsure if your Illinois driver’s license is revoked or suspended, feel free to check the status of your license by visiting the DMV’s website. Even if your driver’s license is valid it is a good idea to periodically check your driving record just to make sure that everything is in order.

Reach Out to Us Today for Help

Losing your driving privileges can greatly impact your life. Day-to-day tasks like getting to work, picking your kids up from school, and even going to the grocery store are suddenly much more challenging. However, do not lose hope. There may be a way to get you back on the road sooner than expected. For example, you may be able to obtain a restricted driving permit if you agree to use a breath-alcohol ignition interlock device.

At The Law Offices of Christopher M. Cosley, our experienced Rolling Meadows driver’s license reinstatement lawyers have a high success rate when fighting to obtain restricted driving permits and full reinstatement of driver’s licenses on behalf of our clients. Let us fight for you.

Sources:

http://www.ilgagov/legislation/ilcs/fulltext.asp?DocName=062500050K6-303

https://www.thebalance.com/suspended-vs-revoked-license-527274

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