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Archive for the ‘restricted driving permit’ tag

The Unintended Consequences of a DUI Conviction in Illinois

December 1st, 2016 at 1:02 pm

DUI conviction, Rolling Meadows DUI defense lawyerEven the most sensible people can sometimes exercise poor judgement, or think that they are sober enough to drive after a few drinks. Drunk, intoxicated, or even buzzed drivers are often pulled over by law enforcement and arrested on DUI charges. Oftentimes, these individuals have no idea what to do because they are first time DUI offenders. A DUI conviction can have a profound impact on your life beyond the obvious criminal consequences, such as jail time and fines. Many first time DUI offenders are stunned by the additional consequences of a DUI.

DUI Facts: The Profile of the Average DUI Offender

According to the Office of the Illinois Secretary of State, the average DUI offender in Illinois is a male around the age of 34 years old, who is intoxicated behind the wheel between the hours of 11:00 p.m. and 4:00 a.m. This typical DUI offender generally has a blood alcohol concentration (BAC) of twice the legal limit (legal limit being 0.08 BAC in Illinois for drivers over the age of 21). Ninety percent of the drivers who were arrested in 2014 for DUI lost their driving privileges as a result, and 86 percent of those drivers who were arrested were first time offenders.

Additional Consequences of A DUI

In addition to the misdemeanor or felony penalties associated with a DUI conviction, there are a number of additional consequences that many people do not realize also result from a DUI conviction. For instance:

  • In order to get your driver’s license reinstated, you will have to successfully attend and complete a drug and alcohol remedial education course, or a substance abuse course;
  • You will have a permanent DUI conviction on your driving record;
  • You may miss time from work or school because you have to deal with your DUI hearing;
  • You may be able to get a restricted driving permit, but you will have to meet certain requirements for an administrative hearing before you can get the permit;
  • Your vehicle registration will be suspended;
  • Your vehicle will likely be impounded, and you must pay to get your vehicle out of impoundment;
  • You will be required to get high-risk auto insurance for three years following your DUI conviction; and
  • If you were subject to a blood test to determine your blood alcohol concentration level, you may be held liable for the cost of that blood test if you are subsequently convicted of a DUI.

First Time DUI Offender? Contact Our Offices Today

The courts do not take DUI offenses lightly and may be particularly harsh on first time DUI offenders. If you have been charged with a DUI, you will need help navigating your criminal charges and understanding the DUI court procedures for getting a restricted driving permit, a judicial hearing, and fighting your DUI charges. Please contact a passionate Rolling Meadows DUI defense attorney immediately to discuss your case.

Source:

https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_a118.pdf

Changes to Illinois Traffic Safety Laws in 2016

January 27th, 2016 at 11:07 am

Illinois defense attorney, Illinois traffic offense lawyer, Illinois DUI attorney, Many new traffic safety laws became effective on January 1, 2016, and Illinois drivers need to be aware of what changes have taken place so that they are not caught off guard by law enforcement if they happen to violate one of the new laws without knowing. Of particular importance to the typical Illinois driver are the changes to some traffic offenses and DUI laws. A synopsis of all of the changes that take effect in 2016 can be found on the Cyber Drive Illinois website.

Changes to Traffic Offenses

  • Aggravated speeding can be charged whenever a driver speeds past a school bus or through a construction site going more than 26 miles per hour over the posted speed limit, pursuant to HB 1453 PA 99-0212;
  • If a driver is involved in an accident that causes the death of another, the Secretary of State will revoke the driving privileges of the individual responsible for the death. Revocation is effective 90 days after the revocation notification is mailed, pursuant to HB 3670 PA 99-0297;
  • Pursuant to HB 4074 PA 99-0300, when an Illinois resident has had a license revocation in another state for more than 10 years, he or she may apply for an Illinois driver’s license, if all of the requirements for reinstatement are satisfied; and
  • Temporary stop signs put into place be the Illinois Department of Transportation must be treated as permanent stop signs in accordance with SB 1388 PA 99-0124.

Changes to DUI Laws

  • After serving a five year revocation of their driver’s license, individuals who have been convicted of four or more DUIs will now be eligible to request an Illinois Restricted Driving Permit for the Illinois Secretary of State’s Office, pursuant to HB 1446 PA 99-1446. As a condition of approval of the request for the Restricted Driving Permit, the driver’s vehicle must be equipped with a breath alcohol ignition interlock device for the remainder of the individual’s driving lifetime;
  • Individuals who would like to have their driver’s license reinstated after being convicted for a second or subsequent DUI charge must obtain a Restricted Driving Permit and have an breath alcohol ignition interlock device installed in their vehicle for a period of five years before seeking the reinstatement of their driver’s license, pursuant to HB 3533 PA 99-0297; and
  • Pursuant to SB 0627 PA 99-0040, those arrested for DUI are now encouraged to sign the “Warning to Motorist” document that is read to these individual’s upon arrest. Refusal to sign the warning will be noted by law enforcement on the bottom of the document.

Call the Law Offices of Christopher M. Cosley

The above identified changes to traffic and DUI laws took effect January 1, 2016. If you have been charged with a DUI or a traffic offense and you are being charged under one of the above new laws, you should contact a skilled Rolling Meadows criminal lawyer immediately. Our attorneys are prepared to provide you with a consultation and assist you with your case.

 

Source:

http://www.cyberdriveillinois.com/newlaws16.pdf

New Law Could Let People With Four DUI Convictions Get Restricted Driving Privileges

November 17th, 2015 at 2:48 pm

Illinois drunk driving attorney, Illinois defense attorney, Illinois criminal lawyer,One of the consequences of being convicted for driving under the influence is that your driver’s license will be revoked. Under the current laws of Illinois, it is illegal to drive a motor vehicle while under the influence of drugs, alcohol, or a combination of both. Upon conviction, a person will lose their driver’s license; more specifically, the Secretary of State will revoke their driving privileges.

The revocation period depends on the number of prior offenses:

  • For a first offense, license revocation is for a period of one year, and for those under the age of 21, revocation is for two years;
  • For a second offense committed in a period of 20 years, license revocation is for a period of and years;
  • For a third offense, license revocation is for a period of 10 years; and
  • For a fourth any subsequent offenses, license revocation is for life.

Needless to say, being convicted of a DUI seriously impacts a person’s life by taking away their ability to drive.

New Law Changes Driver’s License Revocation for Fourth DUI Offense

A new state law, referred to as House Bill 1446 or Public Act 099-0290, will be taking effect on January 1, 2016 and will allow individuals in Illinois who have been convicted of four DUIs to be able to apply for a restricted driving permit after completing five years of their revocation period.

In order to be eligible for the restricted driving permit under the new law, the applicant must demonstrate by clear and convincing evidence:

  1. That he or she has experienced a minimum of three years of uninterrupted sobriety from drugs, alcohol, or both; and
  2. That he or she has successfully completed a rehabilitative program or activity recommended by a licensed service provider.

While it is always a good legal strategy to fight a DUI charge that is pending against you so that you are not convicted of the DUI, if you ultimately are convicted, it is also important that you pursue the options available to you to get your driver’s license reinstated as soon as possible.

Under the new law, four-time DUI convictions can become eligible for an administrative hearing to request reinstatement of their driving privileges from the Illinois Secretary of State. In the alternative, these individuals can seek to obtain a restricted driving permit, which can be obtained for the purpose of transporting either yourself or a family member for certain reasons or purposes, including getting to and from work, school, substance abuse rehabilitative services or programs, for obtaining medical care and attending doctor’s appointments, or for getting children to daycare.

Call the Law Offices of Christopher M. Cosley

Getting a first, second, third or subsequent DUI is a matter that can not be taken lightly. Your rights and your freedom are at stake. Consult with an experienced DUI criminal defense attorney about what options are available to you and whether you can get your driving privileges reinstated sooner rather than later. Please contact a skilled Rolling Meadows DUI attorney immediately. Call the Law Offices of Christopher M. Cosley at (847) 394-3200 for assistance.

 

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501

http://www.ilga.gov/legislation/publicacts/99/099-0290.htm

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