April 03, 2020

Illinois DUI Laws: What to Expect in a Case

In Illinois, if you are arrested for driving under the influence, it’s a very serious matter. Additionally, if you have never received a DUI arrest before, you should know what to expect.

In most cases, a DUI arrest in the state means you have two different cases. One is for your criminal DUI charge while the other involves your driver’s license suspension. The criminal case also involves any tickets you have received. However, your license is automatically suspended 46 days after your arrest. The best thing to do is speak with Illinois DUI lawyers immediately after your arrest.

The worst situation that can occur after your license is suspended is that you may be able to retain your driving privileges but require a breathalyzer device placed on your vehicle. This is usually a possibility if it is your first DUI offense. The breathalyzer device, also known as a BAIID device, is similar to an interlock ignition device where you must blow into it in order to start your car. It measures the amount of alcohol in your breath. However, it’s an imperfect device that can even pick up alcohol in your breath if you have just used mouthwash, for instance.

Generally speaking, you can still drive within the 46 days after your arrest as long as your license is valid. By the 46th day, you can expect your license to be suspended. At the time of your arrest, the police officer will hand you a document called “Notice of Statutory Summary Suspension.” On the opposite side, there is a receipt to drive, which allows you to continue driving up to the 46 days.

You need an experienced attorney on your side in order to file a petition to fight your license suspension. In some cases, you can be successful in your hearing and keep your license. However, you may have to file the petition early on, which means you need a lawyer immediately rather than later. The Geocaris Law Firm is on your side every step of the way. Illinois DUI lawyers will fight to protect your rights. Contact the Geocaris Law Firm at your earliest convenience.