When facing a DUI conviction in Illinois, the most pressing concern for many is the status of their driver’s license. As seasoned DUI defense attorneys in Chicago, we understand that the loss of driving privileges will have a significant impact on your daily life, job, and family responsibilities. It’s important that you understand the penalties and consequences of a DUI conviction. The Illinois Vehicle Code, specifically 625 ILCS 5/11-501, outlines Illinois’ DUI laws and their penalties. The Illinois Secretary of State’s office oversees license suspensions and revocations, and the duration of your license loss is determined by factors such as your blood alcohol content (BAC) level, age, prior DUI offenses, and whether you submitted to a chemical test. Whether it’s your first offense or you’ve faced DUI charges before, it’s important for you to understand the process and be prepared for what’s to come.
First DUI Conviction And License Suspension
For a first-time DUI conviction, Illinois law mandates a license revocation for a minimum of one year (625 ILCS 5/6-208.1). Unlike a suspension, a revocation means your driving privileges are entirely canceled, and you must apply for reinstatement. The revocation period may be longer if there were aggravating factors, such as a high BAC (0.16% or more) or if you had a passenger under 16 years old. During this period, you may be eligible for a Monitoring Device Driving Permit (MDDP), which allows you to drive with a Breath Alcohol Ignition Interlock Device (BAIID) installed in your vehicle. This device requires you to blow into it before starting your car, ensuring you are alcohol-free.
Second DUI Conviction And License Consequences
If you find yourself facing a second DUI conviction within 20 years, the consequences are severe. Your license will be revoked for a minimum of five years under 625 ILCS 5/6-208. The penalties escalate significantly with subsequent offenses, and you won’t be eligible for a restricted driving permit (RDP) until at least one year has passed. Additionally, you’ll need to install a BAIID in your vehicle if you qualify for driving relief. We often see clients struggling with the impact of these penalties, especially when their ability to work or care for family members is affected. This underscores the importance of exercising caution and preventing a second offense.
Third Or Subsequent DUI Conviction And Permanent Revocation
A third DUI conviction results in a minimum 10-year license revocation, as outlined in 625 ILCS 5/6-208.2. A fourth DUI conviction will lead to a lifetime revocation, meaning you may never regain your driving privileges. In such cases, it’s even more critical to understand your legal options and seek experienced representation.
Refusal To Submit To Chemical Testing
Illinois is an implied consent state, meaning that by driving, you agree to submit to chemical testing if law enforcement suspects you are driving under the influence. Refusing to take the test triggers an automatic license suspension—12 months for the first refusal and 36 months for a second or subsequent refusal, according to 625 ILCS 5/6-208.1.
Illinois DUI FAQs
How Do I Get My License Reinstated After A DUI Conviction In Illinois?
To have your license reinstated, you must attend a hearing with the Illinois Secretary of State’s office. This hearing process can be formal or informal, depending on the severity of your offense and the number of prior convictions. You’ll need to provide proof of alcohol treatment or education, a drug/alcohol evaluation, and pay reinstatement fees. Reinstatement is not guaranteed, and you must demonstrate you won’t be a future risk to road safety.
What Is The Difference Between A License Suspension And Revocation?
A suspension is a temporary loss of your driving privileges for a specific period. After the suspension period ends, you can pay a reinstatement fee and have your license restored. A revocation, on the other hand, means your driving privileges are canceled. To drive again, you must apply for reinstatement and attend a hearing with the Secretary of State, where your request may or may not be approved.
Can I Drive While My License Is Suspended Or Revoked After A DUI?
Driving on a suspended or revoked license is a serious offense in Illinois, often resulting in additional criminal charges. If caught, you could face jail time, increased fines, and an extended revocation period. In some cases, you might be eligible for a restricted driving permit (RDP) or a Monitoring Device Driving Permit (MDDP), which would allow you limited driving privileges.
What Is A Monitoring Device Driving Permit (MDDP), And How Do I Qualify For One?
An MDDP is a permit that allows first-time DUI offenders to drive during their license suspension period, but only with a BAIID installed in their vehicle. To apply for an MDDP, you must submit a formal request to the Secretary of State’s office, along with the required documentation, such as proof of insurance and a copy of your DUI conviction. If granted, you’ll be responsible for the cost of the BAIID installation and monthly monitoring fees.
Does A DUI Conviction In Illinois Affect My Out-Of-State Driver’s License?
Yes, Illinois reports DUI convictions to other states through the Interstate Driver’s License Compact. This means your home state could impose additional penalties, such as suspending or revoking your license based on the Illinois DUI conviction. It’s essential to consult with an attorney familiar with interstate DUI laws if you hold an out-of-state license.
Will My Insurance Rates Increase After A DUI Conviction?
Yes, a DUI conviction typically results in significantly higher insurance premiums. Insurance companies view DUI offenders as high-risk drivers, and many may either raise your rates or cancel your policy altogether. You may also be required to file an SR-22 certificate, which serves as proof of financial responsibility and is often necessary to reinstate your driving privileges after a DUI conviction.
How Long Does A DUI Conviction Stay On My Driving Record In Illinois?
A DUI conviction remains on your driving record permanently in Illinois. There is no option to expunge or seal it, making it crucial to take proactive steps to fight the charge or minimize its impact on your life.
Call Our Illinois DUI Attorney For Your Free Consultation
If you or a loved one faces DUI charges in Illinois, it’s crucial to understand the options available to you. At Edward Johnson & Associates, we have extensive experience helping clients navigate the complexities of Illinois DUI laws. Contact our Illinois DUI attorney at Edward Johnson & Associates P.C. by calling 708-762-8666 to receive your free consultation. Our office serves clients throughout the entire Chicagoland metro, and we’re ready to provide the strong defense you deserve.