Chicago DUI Defense Attorney

Suspended Licenses & DUI

When a driver is arrested for DUI, his or her driver’s license will be confiscated by the police. Soon after the police will issue a “Notice of Summary Suspension” notifying the driver that his or her license will automatically be suspended on the 46th day following the notice. The length of the suspension will be determined by whether or not the driver failed or refused a breath or blood test, and whether the driver was suspended or found guilty of DUI within the last 5 years.

If the driver failed a breath, blood or urine test, his or her license will be suspended for at least 6 months for a first-time offense and at least 12 months for a second offense within 5 years of a prior DUI. If the driver refused a breath or blood test, his or her license will be suspended for at least 12 months for a first offense or at least 36 months for a second offense within 5 years of a prior DUI.

Drivers in Illinois have the right to challenge their suspensions at summary suspension hearings. At the hearing, the driver and his or her attorney can present evidence and testimony to make their case, as well as challenge any evidence or testimony presented by the prosecution. If the driver is successful at the hearing, his or her driver’s license will be restored. However, if the driver loses at the hearing, his or her license will remain suspended.

Fighting Your DUI License Suspension

License suspension does not apply to a driver who agrees to a breath or blood test and who has a blood alcohol concentration below .08%. Although this person may still face DUI charges for operating a motor vehicle while under the influence of alcohol or drugs, he or she will not face a Statutory Summary Suspension. Additionally, even though you could be arrested for driving bumper cars while drunk, no license suspension should occur if you were not seen driving on a public roadway.

If a driver is interested in fighting their suspension, they must file a petition for a hearing within 90 days. If a request for a hearing isn’t made within 90 days, then the driver will lose his or her rights to challenge the suspension. Time is of the essence, and filing the petition as soon as possible can be an important strategy.

Contact a Chicago DUI Lawyer

Fortunately, there are some circumstances in which a driver may obtain limited driving privileges. There are two types of limited driving permits available: a Monitored Device Driving Permit (MDDP), and a Restricted Driving Permit (RDP). An RDP is available only after conviction for DUI and a resulting revocation of driving privileges. An MDDP is available to motorists suspended for DUI who have not been found guilty or suspended for DUI arrest within the last five years. Installation of a Breath Alcohol Ignition Interlock Device o BAIID in the driver's vehicle is required for an MDDP, allowing the motorist to drive without limitation. There are also special situations where installation of the BAIID may be avoided.

If you are interested in learning more about obtaining an RDP or MDDP, an experienced Chicago DUI attorney at our office can advise you of which permit is right for your needs and situation.

To learn how Fagan, Fagan & Davis can help you fight your license suspension or apply for a special driving permit, please don’t hesitate to contact a Chicago DUI attorney today!