Things have changed for first time offenders in Illinois, and you need to know where you stand. Contact The Law Offices of Jack L. Zaremba today for a Free Consultation (815) 740-4025 and an explanation of your rights.
Overview of the New DUI Changes in Illinois
Gone are the days of Judicial Driving Permits (JDP), where a judge signs an order allowing you to travel to work or another specified location listed in the permit; Illinois has now replaced those JDP's with what the State calls a Monitoring Device Driving Permit (MDDP). These MDDP's allow a First Time Offender to travel anywhere, at anytime within the State of Illinois, PROVIDED the judge signs the MDDP, the Secretary of State (SOS) approves the MDDP, and you have a Breath Alcohol Ignition Interlock Device (BAIID) installed in your car. You have 14 days to install the BAIID once you are approved by the SOS.
Am I Eligible for a MDDP
- Your license must be valid
- Your DUI arrest must not have resulted in the death or great bodily harm of another person.
- You can not have been previously convicted of reckless homicide or aggravated DUI that caused death
- You must be a First Offender under the law
- You must be 18 years or older
- CDL holders are not eligible on their CDL license
Illinois' First Offender Ignition Interlock Requirement
Who is a first offender under the new law? A first offender is defined in 625 ILCS 5/11-500. "A first offender shall mean any person who has not had a previous conviction or court assigned supervision for violation Section 11-501, or a similar provision of local ordinance, or a conviction in any other state for a violation of driving under the influence or a similar offense...or any person who has not had a driver's license suspension for violating Section 11-501.1 within 5 years prior to the date of the first offense..." (Definition applies to 5/6-206.1 and 5/6-208.1 only)
Is there an Exemption for Work Vehicles
Yes, but this exemption does not apply to CDL license holders. If you must drive your employers work vehicle, you may ask for this exemption. The judge must approve your request and mark that section of your MDDP, and the SOS will make the determination as to your eligibility. If approved, you are required to carry specific paperwork while driving your employer's car and must only drive that vehicle in the scope of your employment. This can not be a vehicle that your employer allows you to take home.
How Long Is My Suspension
Your license will be suspended for six (6) months if you are a first offender and under implied consent you submitted to chemical testing (breath, blood, urine), and your test resulted in .08 or higher, or another positive testing criteria. Your license will be suspended for twelve (12) months if you are a first offender and you refused to submit to chemical testing (breath, blood, urine). This applies only to first offenders. The law did not change for repeat offenders.
When Will My Suspension Start
The suspension of your license will start on the 46th day from the date of the sworn report, a document that the police officer submits to the Secretary of State.
What Can I Do?
It is in your interest to file a petition asking the court to rescind your suspension. Contact the Law Offices of Jack L. Zaremba today at (815) 740-4025 to file your petition. As a Former Prosecutor I know both sides and know how to best present your case to avoid your suspension. Our goal is to win the hearing on your petition and to kick out your suspension. You have a limited amount of time to file your petition, so contact our office today at (815) 740-4025.
If you have questions about whether you need an attorney, or you need to get an honest assessment of your case, give us a call at (815) 740-4025 for a free consultation. Calls are answered 24 hours a day. If you prefer, send us an Email. We offer affordable rates and flat fees for most cases.
Our office has an experienced DUI Defense Lawyer. We serve Will County, Grundy County and Kendall County; including the following cities: Joliet, Plainfield, Bolingbrook, New Lenox, Romeoville, Mokena, Frankfort, Shorewood, Lockport, Homer Glen, and many more.
DISCLAIMER: This is an overview of some of the changes to the DUI law for first offenders and this site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.