But, did you know that you could possibly be permitted to drive even if your license has been suspended? Why the Program Exists Prior to , a person whose license had been suspended as the result of his or her first DUI conviction or a failed blood-alcohol content BAC test could apply for a judicial driving permit. He or she needed to prove that the suspension imposed an undue hardship on his or her life, and approval was left to the discretion of officials from the office of the Secretary of State.
In , however, the Illinois legislature recognized that the goal regarding for first-time offenders should be to prevent future occurrences of DUI.
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The law specified that if a driver met all of the statutory criteria, no discretion was necessary. He or she would be approved for the program. The MDDP program has been expanded since it began, but it still operates in much the same way today. Only certain drivers are not eligible, including those:.
Program participants must agree to install the BAIID on their vehicles and are responsible for all associated costs. Employment-based waivers may also be granted for drivers whose jobs require them to drive employer-owned vehicles without a BAIID during work hours. Driving privileges may reinstate when the statutory summary suspension period ends.
If you are a first time offender, you can still drive during the period of statutory summary suspension if there is ignition interlock device installed in your car. You need to blow into this device before you can drive the car. Restricted Driving Permit allows a person to drive on a restricted basis depending on the permit. If you are charged with DUI and your driving privileges are suspended and you want to your driving privilege back, during that period BAIID is required as a condition for receiving a restricted driving permit.
BAIID will also be needed as a condition of receiving RDP for a person who was charged for aggravated DUI and involved in an accident that caused death, severe injury or permanent disability.
DUI Illinois Laws & Penalties - The Law Offices of Andrew Nickel
How to obtain RDP? For getting RDP, a person must appear before a hearing officer in the secretary of state's department of administrative hearings.
Misdemeanor DUI. The first offense of driving under the influence is a misdemeanor. You will have to attend alcohol evaluation, treatment and counseling are compulsory.
DUI Suspension in Illinois? Are You Eligible for the MDDP?
If you are arrested for a second DUI in Illinois, your driver's license will be suspended. The license suspension period for a second offense DUI within 20 years is five years. Felony DUI. Aggravated DUI. It is your third DUI charge. If you are caught driving with suspended licenses from prior DUI conviction. You escaped the accident which caused injury or death.
In either case, you will likely be asked to get an alcohol evaluation. Your sentencing may depend on how your evaluation turns out.
How Long Will a DUI/DWI Stay on my Record and Count as a Prior Conviction?
If you decide against a plea bargain, your attorney may take your case to trial before a judge or jury. How long does this take? A DUI court proceeding can take several months. No attorney can get your case finished on the first court date. On average, your case will come before the court once a month. The length of time may depend on whether you take a quick plea agreement or decide to fight the case. Why am I getting postcards from lawyers and how do I choose a good one? These attorneys often send postcards or letters offering services for a seemingly reasonable fee.
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For the limited fee, they may simply show up once to plea you out in court, and frankly, you could probably manage that on your own. A quality attorney will likely cost you more. Even if a plea bargain is still the way to go, a diligent attorney, who is respected by the court may negotiate a better plea bargain than an attorney who never tries a case.
But be aware that no reputable attorney can ever guarantee a particular outcome for your case. To help decide if the attorney is a good one, ask them about how they like to handle cases. How well do they know the courthouse and the judges or prosecutors involved? How often do they take cases to trial?
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Do they provide a lot of good information when you question them? Are they asking you the right questions? It is important that you feel confidence in any attorney you choose. Will I go to jail? Nonetheless, the odds of actually going to jail are limited on a first offense. If you take the case to trial and lose, your sentence might be harsher but is still unlikely to involve jail.