Driving Privileges Following a DUI Offense

 Posted on August 14, 2016 in Uncategorized

Driving under the influence of alcohol or any drug can mean severe consequences, especially when it results in bodily injury and fatality. Even the least tragic DUI offenses can still cause irrevocable damage, however. When a driver is pulled over and found to be operating under the influence, their driving record as well as their driving privileges can be affected instantly, triggering consequences that can follow them for months and even years.

New Laws Concerning Driving Privileges After a DUI

Operating a vehicle under the influence has long had the ability to impact a person’s freedom to drive, but new state laws that began in January of 2016 have changed the legal groundwork for penalties for DUI offenders. If you are found guilty of a DUI, you can expect your driving privileges to be affected in the following ways:

• If you are a first-time DUI offender, you are eligible to apply for a Monitoring Device Driving Permit during the first 30 days of your statutory summary suspension. Previously, you were required to serve at least 30 days of “hard time” suspension;
• If you have two or more DUI convictions, you are required to obtain a restricted driving permit and have a Breath Alcohol Ignition Interlock Device (BAIID) installed in your vehicle. You may only drive a car with this device for a period of five years;
• If you resided in another state and had your license revoked or suspended but have lived in Illinois for at least 10 years now, you may seek a hearing to request the issuance of a driver’s license; and
• If your license has been permanently revoked for life due to multiple convictions, you may apply for a Restricted Driving Permit after a five-year revocation period. You must also be completely drug- and alcohol-free for at least three years in order to apply and are only permitted to operate vehicles that have a BAIID installed.

State restrictions regarding the restoration of your driving privileges following a DUI are strictly enforced to discourage high-risk driving behaviors. As a standard, if you fail chemical testing as a first offense, your driving privileges are automatically suspended for 6 months. If you refuse to submit to chemical testing entirely, your privileges are automatically suspended for one year. Second or subsequent offenses within a five-year period guarantee automatic suspension for a minimum of one year (for failure of chemical testing) or three years (for refusing to submit to chemical testing).

Get the Help You Need

If you have been involved with a DUI incident and are concerned about your driving privileges, speak with an experienced Joliet DUI defense attorney to better understand your rights and options. Contact the Law Offices of Jack L. Zaremba, P.C. today for a free consultation by calling 815-740-4025.