Q: I received a Notice of Summary Suspension at the time of my arrest. What does this mean?
A: Illinois law provides for an automatic license suspension beginning 46 days after your arrest if you refuse to submit to chemical testing (like a Breathalyzer, or blood test), OR if you submit to testing and fail. A failure results in the suspension of driving privileges for 6 months for first offenders, with automatic eligibility for a MDDP after the 31st day of the suspension. On a second offense, failure results in an automatic 1 year suspension and you are not eligible for the MDDP. If you refused chemical testing, your license will be suspended for 1 year for the first offense, with MDDP eligibility after the 31st day. A second or subsequent offense will suspend your license for 3 years with NO eligibility for the MDDP. There is a process by which I can help you contest this type of suspension and possibly preserve your driving privileges.
Q: So what is this MDDP you keep mentioning?
A: The MDDP (Monitoring Device Driving Permit) allows you to drive with a BAIID installed in your vehicle that blocks the vehicle from operating if alcohol is detected in your breath. Costs for initial installation are from $65-$100 and monthly monitoring and rental fees are also required. If issued, the MDDP will allow you to drive a vehicle with the BAIID device installed after the first 30 days of your suspension. Your license is only valid while driving a vehicle equipped with the device unless you qualify for an employment exception to drive a company owned vehicle.
Q: I am under 21, and the police officer told me I am subject to "Zero Tolerance". What does that mean?
A: Illinois has a zero tolerance policy on underage drinking. This means on a first offense that you will be subject to a Summary Suspension of 3 months if chemical testing shows a blood alcohol level above .00. On a second offense any detectable amount of alcohol will result in a 6 month suspension. A refusal to complete chemical testing results in a 6 month suspension for a first offense, a 2 year suspension on a second offense. Offenders under the age of 18 are NOT eligible for a MDDP and may be required to take education classes or retake the driving exam before their license can be reinstated following the suspension. In addition, all under-21 offenders convicted of DUI face a minimum 2 year revocation of their driving privileges if convicted plus the same penalties that apply to all offenders.
Q: I have a CDL (Commercial Driver's License), and received a summary suspension. Will I lose my CDL?
A: Yes, for CDL holders, a first offense for refusal to take a chemical test or failure of a chemical test will result in loss of your CDL for 1 year, a lifetime disqualification from obtaining a CDL on a second offense.
Q: I was charged with Aggravated DUI. Is this a real felony?
A: Yes, Aggravated DUI is a real felony, the severity of which depends on the aggravating factors. Please call my office at (630) 942-0880 and set up a free consultation to determine what class of felony applies to your case.
Q: I heard you can drive with a revoked license, is this true?
A: The RDP (Restricted Driving Permit) may be available to some offenders after the Statutory Summary Suspension is completed. To obtain this permit from the Secretary of State you will be required to prove that a hardship exists, provide a current drug/alcohol evaluation, and provide proof of treatment and/or remedial education. It is not an easy or inexpensive process, and should not be considered a "sure thing!" The permit has significant restrictions and you may be subject to felony charges if you attempt to drive with your RDP for purposes not expressly authorized.
Q: I have a driver's license from another state, does it matter if I get a DUI in Illinois?
A: Yes, an Illinois arrest or conviction for DUI can impact your out-of-state driver's license. Call my office at (630) 942-0880 and request a free copy of our information sheet on reciprocal penalties for DUI and other traffic infractions.
