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What Are My Options For Driving After an Illinois DUI Arrest?If you are convicted of driving under the influence in Illinois, you will lose your driving privileges. In fact, you can lose your driving privileges before you are convicted if you fail a chemical sobriety test by having a blood-alcohol content (BAC) greater than 0.08 or if you refuse to take the test during your arrest. This is called the statutory summary suspension and is an administrative driver’s license revocation that is separate from your criminal case. The amount of time that your license is suspended for depends on the nature of your arrest. For example, if you refuse to take a chemical test, your license will be suspended for longer than if you had simply just failed the test.

The Illinois Secretary of State is the governing body that is responsible for the administrative driver’s license revocations. The Secretary of State understands that not being able to drive can create hardship for some people, which is why they have provided a way to allow those with suspended licenses to still be able to drive. If your license is suspended because of a DUI charge, you have two options: a monitoring device driving permit (MDDP) or a restricted driving permit (RPD).

Monitoring Device Driving Permit (MDDP)

For most first-time DUI offenders, an MDDP is the favorable option. To receive an MDDP, you must have a breath alcohol ignition interlock device (BAIID) installed onto your vehicle. A BAIID is a device that requires you to provide a breath sample before you can start your vehicle and periodically while you are driving. An MDDP allows you to drive anywhere at any time – as long as you are driving a vehicle that has a BAIID equipped. Only people without a previous DUI conviction are eligible to receive an MDDP, but not those who are under the age of 18 or caused death or great bodily harm during the DUI.

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Orland Park DUI defense lawyerPolice officers are tasked with protecting our communities. However, as with any person of authority, laws exist to direct how and when police officers can use their power. One of these constraints involves the concept of “probable cause.” In order to pull over a motorist, a police officer must have a good reason for doing so. If you are facing charges for driving under the influence (DUI), and the officer who arrested you did not have probable cause to pull you over, your case may be dismissed.

Reasonable Suspicion of a Crime

To legally pull someone over, a police officer must have a reasonable suspicion that the person has broken the law or soon will. The term “reasonable” in this context means that most officers of average training and experience would conclude that illegal activity has occurred or is about to occur. In order for a DUI arrest to be legally warranted, it must be reinforced by probable cause. Put another way, there must be some type of evidence that justifies the belief that the driver was intoxicated.

Some of the common reasons police officers pull over motorists and make DUI arrests include:

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Orland Park DUI defense attorney, DUI arrestDrunk driving in Illinois carries both civil and criminal penalties. On the criminal side, a person convicted of a first DUI offense faces up to one year in jail and a $2,500 fine. Separately, the Illinois Secretary of State's office can “summarily” suspend the license of any driver who either fails a blood-alcohol test or refuses to take one at a police officer's request.

A summary suspension is a civil matter. This means the Secretary can suspend your driver's license even if you are never charged or convicted of a criminal DUI offense. Additionally, while you can challenge a civil summary suspension in court, the state's burden of proof is much lighter than in a criminal prosecution.

License Suspension Upheld Despite Police Losing Evidence

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