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Seeking Legal Assistance After a DUI Arrest
Like every state, in Illinois, driving under the influence (DUI) can result in long-lasting consequences. From driver’s license suspension to revocation, and even potential jail time, there is no overstating the seriousness of a DUI charge and conviction. If you have been charged with DUI, finding an experienced criminal defense attorney can help you maintain your essential driving privileges.
DUI Penalties in Illinois
When considering the possible outcomes of a DUI conviction, it is important to understand the legal ramifications can vary, especially if there is a minor under 16 in the car or if you have a BAC of .16 or higher. The most likely outcome is license suspension.
License suspensions can last for various amounts of time, depending on the severity of the crime and the number of previous arrests. For instance, a first-time DUI offender is likely to face a sixth-month suspension for a failed chemical test, or 12 months for refusing a test. A second or subsequent conviction within five years is a one-year suspension, which bumps to three years for test refusal.
How Bad is a DUI Conviction?
Every year, more than a million Americans are arrested on DUI charges. According to the Illinois Secretary of State’s Office, more than 27,000 Illinoisans were arrested for driving under the influence of drugs or alcohol in 2017. If you have been arrested on DUI charges, it is important to understand the potential ramifications of a conviction and contact a legal team you can believe in.
DUI Conviction Consequences
According to Illinois law, a person can be convicted of a DUI for operating a vehicle with a blood-alcohol concentration (BAC) at or above .08, or with a marijuana tetrahydrocannabinol (THC) concentration of five nanograms or more. Even a first-time DUI conviction can come with serious legal consequences here in Illinois. A first DUI conviction is classified as a Class A misdemeanor in Illinois and can lead to as much as one year in prison and up to $2,500 in fines.
Understanding the Implications of Domestic Violence Charges
Every year, more than 10 million Americans are physically abused by an intimate partner. According to the National Coalition Against Domestic Violence (NCADV), this equates to one incident every 20 minutes. It is important to note many people accused of domestic violence are falsely accused.
Domestic violence charges can have a serious impact on your family law case and hurt your ability to gain future employment. If you have been accused of a domestic violence crime, it is important to seek skilled legal representation immediately.
Domestic Violence Impact on Legal Matters
The divorce process can be incredibly contentious, and in some cases, spouses try to use a domestic violence accusation as a way of gaining child custody or garnering a disproportionate amount of marital assets. According to the organization Stop Abusive and Violent Environments, allegations of domestic violence are made in approximately 25 percent of all divorce cases throughout the United States.
Illinois Drug Possession Penalties for Marijuana and Cocaine
Throughout the United States, more than 1.6 million people were arrested for drug law violations in 2016, according to the FBI’s Uniform Crime Report. Here in the state of Illinois, even minor drug charges can come with severe legal ramifications. As written in the Illinois Controlled Substances Act, different types of drugs and amounts warrant different legal consequences. Fines and jail time are also influenced by paraphernalia present and the intent of the alleged user.
If you have been arrested on any sort of drug charge, contact an experienced criminal defense attorney who can defend your rights.
Of the U.S. residents arrested on drug charges throughout 2016, more than 85 percent were cited for possession of an illegal substance. Here are the penalties for two of the most common substances involved in narcotics arrests:
Fighting a Reckless Driving Charge in Illinois
In the state of Illinois, reckless driving charges can come with serious legal ramifications. If convicted, reckless driving can result in a Class A misdemeanor, substantial fines and up to a full year of jail time. Within the Illinois vehicle code, reckless driving is defined as the act of willfully disregarding the safety of others while operating a motor vehicle.
From an increase to your monthly car insurance payment to strikes on your driving record, a reckless driving charge is extremely serious. If another party is injured in an accident in which you were cited for reckless driving, you could possibly face a felony charge and substantial incarceration. If you have been charged with reckless driving, it is time to contact a legal team you can believe in.
Types of Reckless Driving
Reckless driving charges can result from a number of offenses. In Illinois, a driver can be charged with reckless driving for traveling at excessive speeds, erratically swerving through traffic, using an incline to become airborne or other offenses. Because a reckless driving charge is directly defined as an action in which a driver is endangering those around them, judges are not likely to reduce criminal charges without aggressive and experienced legal representation.
How to Get a Restricted Driving Permit in Illinois
Driver’s license suspension and revocation are typically only used after serious moving violations such as DUI charges, fleeing the scene of an accident that resulted in bodily injury, and various forms of overt reckless driving. If your license has been suspended or revoked, it is possible to receive a restricted driving permit (RDP) so you can go to work and accomplish other normal daily tasks.
To obtain a restricted driving permit, you want to enlist the help of a skilled legal professional who knows how to navigate the process with your best interests in mind.
Restricted Driving Permits in Illinois
Here in the state of Illinois, a restricted driving permit can only be obtained under specific conditions. First, those looking to get an RDP must prove a hardship exists, for instance, if you need a vehicle to get to and from work, or you cannot properly care for your children without driving privileges. Once you have established your need for the permit, you must submit proof of a professionally administered drug and alcohol evaluation, to ensure there is not a serious substance abuse issue that can impact your ability to live up to RDP terms.
School Zone Speeding Tickets in Illinois
The speed limit in Illinois school zones is 20 mph while children are present, and for good reason. According to the Transportation Research Board, more than 100 children are struck and killed by cars in U.S. school zones each school year. More than 25,000 sustain minor to severe injuries after being hit by a passenger vehicle.
Anyone caught speeding in these zones can face steep penalties, including driver’s license suspension under certain circumstances. Losing your license interrupts daily life and can impact your ability to maintain gainful employment, so driver’s license reinstatement may be essential to keep your normal life structure.
Here’s what you need to know about speeding in a school zone in Illinois:
Limitations to the Law
Reduced speeds for school zones exist while children are present, which is likely to occur during the traditional school hours of 7 a.m. to 4 p.m., except for weekends, holidays, and vacation periods. Illinois law says school zones apply to roads located on school property, and adequately marked public thoroughfares within the school’s proximity. These areas must be clearly marked by signs maintained by the local transportation department, township, county, park district, city, or incorporated town in which the school is located. Unmarked and private roads are not considered part of school zones.
How a Class D Suspended License Affects a CDL in Illinois
For Illinois drivers, a Class D license is for standard motor vehicles, and Class A, B, and C are considered a commercial driver’s license (CDL). While a license suspension can have a significant impact on regular drivers, it can put a CDL holder's livelihood at risk.
For CDL drivers who transport material goods and supplies across the country, a suspension of driving privileges means they cannot perform the duties of their job, and driver’s license reinstatement becomes imperative.
Here are some answers to common CDL-related questions:
Can I Obtain a CLP with a Suspended License?
Illinois state law requires a valid Class D license to obtain a Commercial Learner’s Permit (CLP), which spans 180 days. Your regular license must be valid for that entire duration to earn a CLP. Therefore, if your base license is suspended before course completion, a CLP will not be issued.
Tips for a Successful Driver’s License Reinstatement Hearing
A formal Illinois driver’s license reinstatement hearing is a source of concern for many drivers who wish to regain their driving privileges after a serious offense. The days and weeks leading up to the hearing often reveal many uncertainties, like what to bring, what to wear, and the overall likelihood of success.
Along with experienced legal representation, these tips can help ensure a positive outcome to your hearing:
Bring Necessary Supporting Documents
All documentation must be in the original format for a successful submission. Your hearing risks denial if the necessary forms are either photocopies or unavailable. One requirement is the drug and alcohol evaluation report, because it determines the risk category for which you qualify. The Secretary of State representative will also want to see other information supporting the claim that you will not be a threat to other drivers upon return of your driving privileges. Potential supporting documents include treatment documentation from a licensed facility and character letters.
Illinois Driver’s License Reinstatement Payment Options
One mistake can seriously impact not only an individual, but also the livelihood of their entire family. Illinois state law allows for driver’s license suspension or revocation for a wide variety of infractions, some of which have nothing to do with actual driving habits. Most people do not realize the importance of a valid driver’s license is until it is gone.
Reinstatement can be costly, which leaves many Illinois residents without driving privileges long after the suspension period ends. Find out how you can get your privileges back via the options below:
Pay the Required Fees
Most residents choose to wait out the required suspension or revocation period patiently. Once the designated term passes, a fee is due, along with other potential requirements. Current possible fees include:
- Discretionary suspension: $70.
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