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Posted by on in DUI

MDDP, drunk driving, Illinois Criminal Defense LawyerBefore you were arrested on charges of driving under the influence, you probably failed or refused a blood alcohol content (BAC) chemical test. Such tests, while not the only criteria for determining your impairment, are administered to establish your BAC, and the penalties for failing or refusing them are administered by the Secretary of State’s Office.  They are applied separately from any sentence or penalties imposed as conditions of court supervision or as the result of a DUI conviction.

Statutory Summary Suspensions

Technically considered an administrative penalty as opposed to a criminal one, a statutory summary suspension applies to any driver who fails or refuses to submit chemical BAC testing. If you fail a breathalyzer, blood, or urine test for the first time, your driving privileges will be suspended for 6 months. A suspension of 12 months will be applied for subsequent failures. What constitutes a failed test depends upon the driver’s age and whether the vehicle is commercial or private. The legal BAC limit for a driver 21 or older operating a private vehicle is 0.08 percent, 0.04 percent for a commercial vehicle, and 0.00 for any driver under 21.

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moving violations, traffic offense, Illinois defense lawyerAs you are probably well aware, certain violations of the law can lead to the suspension or revocation of your driving privileges. Many of the more obvious offenses are related to driving under the influence, such as the refusal to submit to or the failure of a blood alcohol content test. The responsibility for driver’s license suspensions and revocations falls upon the Office of the Secretary of State in Illinois. Under the law, the Secretary’s Office may impose suspensions in a number of other situations as well, including delinquent child support or underage drinking. However, even the most seemingly mundane traffic violations can result in the suspension of your license, depending on your driving history.

Moving Violations

The Illinois Vehicle Code, along with the Office of the Secretary of State, maintains a list of traffic offenses that are considered “moving violations.” The list includes most of the offenses you would expect, such as:

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Posted by on in DUI

summary suspension, Illinois law, Cook County DUI LawyerBy this point, most people are aware of the dangers of driving under the influence, or DUI. Virtually everyone realizes that the prosecution of drunk driving carries serious penalties and consequences that can reach far into a person’s future. This, of course, is in addition to the potentially deadly results of DUI-related accidents. What many may not realize, however, is that the impact of a DUI situation is not necessarily dependent upon a conviction or a ruling of the court. Instead, the decisions you make during a DUI stop can have an effect on your life long before you ever set foot in the courtroom.

Granted Authority

Criminal penalties for DUI, as you might expect, can only be handed down by a decision of the court, based on a finding of guilt or a guilty plea. Court supervision may be ordered in lieu of a conviction, and the requirements of such supervision may seem like criminal penalties, but still require the action of the court. Under Illinois law, however, the Office of the Secretary of State is tasked with overseeing driver’s license suspension and revocations, which are not dependent upon a finding of guilt. Instead, the suspension of a driver’s license is an administrative penalty which limits the privileges of driving, which, as privileges and not rights, are subject to revocation without a conviction.

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Posted by on in BAIID

BAIID, DUI, Illinois DUI lawyerDid you know that if you are charged with driving under the influence (DUI), your driving privileges will be suspended, regardless of the outcome of the case? For a first-time offender, your license is automatically suspended for six months if you fail a blood-alcohol content (BAC) test, and 12 months if you refuse such a test. In addition, the Illinois Office of the Secretary of State can revoke your license until the conclusion of your case and beyond, depending on the final disposition. During your suspension, however, there may be measures of relief available to you that allow you to continue legally driving to work or school, and to provide for your family.

The most commonly used avenue of relief in Illinois is the Breath Alcohol Ignition Interlock Device (BAIID) Program. To qualify for the BAIID program, an offender is required to file an application with the Office of the Secretary of State to obtain a Monitoring Device Driving Permit, or MDDP. This permit allows a first-time DUI offender the opportunity to retain driving privileges during the statutory suspension of his or her license. Participation in the program is not mandatory, but declining the MDDP completely prohibits an offender from driving for the duration of his or her suspension.

With an MDDP, an offender may drive his or her vehicle after installation of a BAAID. Installation of such a device is handled through the Office of the Secretary of State and its use will be monitored by the office as well. The offender is responsible for all costs associated with the installation and operation of the device. Any offender found driving another vehicle without a BAIID is subject to criminal prosecution.

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