Being properly prepared for a driver’s license hearing with the Illinois Secretary of State is essential. Because of the complex nature of Secretary of State rules, it is important to understand the hearing procedures and requirements. Having an experienced driver’s license attorney by your side ensures that all aspects of the hearing are conducted properly and will lead to the best possible outcome.
The Secretary of State’s office conducts two types of hearings, formal hearings and informal hearings, for those seeking driving privileges after a driver’s license revocation or suspension arising out of a DUI conviction or summary suspension. In
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Court Review of Illinois Secretary of State Decisions
The driver’s license attorneys at The Davis Law Group, P.C. have successfully represented thousands of drivers seeking restoration of their Illinois driving privileges. This includes drivers who live in Illinois as well as drivers who live in other states and cannot obtain a license where they live until they are reinstated in Illinois. While there are a variety of scenarios, these cases often involve drivers who have had their driver’s license revoked after being convicted DUI (or multiple DUIs).
In Illinois, drivers who have a revoked driver’s license must request a hearing in order to seek driving privileges. In most
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What are the Penalties for a Second DUI in Illinois?
There are a variety of possible consequences resulting from a second DUI arrest in Illinois. To a large extent, the penalties depend on the outcome of your first DUI. The majority of people arrested for a first DUI receive an automatic suspension of their driver’s license for 6 or 12 months depending on whether they failed or refused chemical testing. This is referred to as the Illinois Statutory Summary Suspension law. Additionally, many first DUI arrests will result in court supervision for a period of 1 to 2 years. If you successfully complete the conditions of court supervision (e.g. payment
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Will I Go to Jail for a First Time DUI Arrest?
While jail can often be avoided for a first time DUI in Illinois, there are a variety of factors that help determine whether any period of incarceration will be imposed. In Illinois, DUI is typically charged as a Class A misdemeanor, which carries a maximum penalty of up to one year in jail and/or a fine in the amount of $2,500.00 plus mandatory court assessments. The sentence may also range anywhere from court supervision to probation. Jail time can only be imposed if you are convicted of the DUI offense.
Penalties of a First DUI
A first offender who is
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DUI Penalties for Illinois CDL Holders
Illinois commercial driver’s license holders are subject to enhanced license penalties when they are charged with DUI. DUI cases in Illinois generally are broken down into 2 separate parts – the Statutory Summary Suspension (“SSS”) of a driver’s license based on chemical testing and the criminal charge for DUI. Either portion of the case can impact your CDL driving privileges.
These penalties are enforced regardless of whether you were driving your personal vehicle or a commercial vehicle at the time of the DUI. The legal limit while driving your personal vehicle is a blood alcohol content (“BAC”) of .08, while
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New Illinois Traffic Laws (Mid-Year 2020)
There are several new Illinois traffic laws that have taken effect recently, which all drivers should be aware of:
Texting while Driving Resulting in Injuries
This law became effective on July 1st, 2020 and provides that drivers who text while driving resulting in great bodily harm, permanent disability of disfigurement to another person are subject to a license suspension of 12 months and a minimum fine of $1,000.00.
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Should a CDL holder request court supervision for a traffic ticket?
CDL holders are often misinformed about their options after receiving a traffic ticket in Illinois. As a result, they often request court supervision or traffic school in hopes that the offense will stay off of their public driving record, only to find out later that it did not. While an attorney may be able to remedy this situation by reopening the case, it is better to handle these situations properly from the outset.
For many years, Illinois has provided a type of sentencing in traffic and criminal cases known as court supervision. Court supervision is not considered a conviction under
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Secretary of State Closures Due to Covid-19
All Illinois Secretary of State facilities are currently closed to the public. Emergency rules have been enacted to extend the expiration (in certain circumstances) of driver’s licenses, driving permits including Restricted Driving Permits, ID cards, vehicle registrations, and other transactions through the period of closure and for at least 90 days after the facilities have reopened.
To be eligible for the extension of your driver’s license or permit (including Restricted Driving Permits), your license or permit must have been valid as of March 17, 2020. If your driver’s license or permit expired before this date, this extension does not apply
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DUI Defense Attorney Case Study: Wheaton Courthouse in DuPage County
DuPage County DUI Defense Attorney Case Study
The DUI defense attorneys at The Davis Law Group, P.C. have an unmatched understanding of the Illinois Vehicle Code, especially DUI law. Our in-depth knowledge of the law, combined with our experience in both negotiation and litigation of DUI cases, allows us to achieve the most favorable results for our clients who have been charged with driving under the influence throughout Illinois including the Wheaton Courthouse in DuPage County.
DUI Defense Case Study – DuPage County, Illinois
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Illinois Teen Driver’s License Laws & Traffic Ticket Penalties
The Illinois laws governing teen driver’s licenses and traffic tickets can be confusing for teens and parents alike. The Illinois Secretary of State operates a Graduated Driver Licensing (GDL) Program for teen drivers. Different laws apply depending on the age of the driver. Below is a breakdown of the current laws that apply to teens drivers in Illinois and the consequences of traffic tickets.
Rules for Drivers Age 15 (Instruction Permit Stage)
During the instruction permit stage the teen driver:
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Substance Abuse & Mental Health Consequences of ‘Shelter in Place’
Although necessary for the greater good, the ‘Shelter in Place’ order imposed by Illinois, among other states, may have unintended effects on many of our clients and others with past drug or alcohol dependency.
The closure of bars, restaurants and other gathering places along with the social distancing recommendation encouraged by the government and media is resulting in a higher degree of isolation. The inability of the average person to socialize with others may result in the onset of anxiety, loneliness and depression. As a consequence, those individuals susceptible to such feelings may attempt to ‘self-medicate’ through the consumption of
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COVID-19: How we are serving and protecting our clients
We are closely tracking the rapidly evolving public health and community concerns related to the spread of COVID-19. Rest assured that The Davis Law Group, P.C. is taking all available steps to remain accessible to our clients as we continue to act in accordance with their best interests during this difficult time.
Please see below for answers to some frequently asked questions, and feel free to reach out to us for assistance with your legal matter.
Is your office currently open?
Yes, our office remains open during regular business hours. To comply with social distancing recommendations, we are taking steps
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Illinois Court Date Postponements Due to COVID-19
Due to the health concerns surrounding the spread of COVID-19, many upcoming court appearance dates in Illinois have been postponed. This includes court dates scheduled throughout the primary geographic area of our legal practice: Cook County, Lake County and DuPage County. The details below are related to criminal and traffic cases. For the most up-to-date information, please review the information posted by the Clerk of the Circuit Court in the county where your case is pending.
Cook County Courthouses
Most court appearances scheduled from March 17, 2020 through April 15, 2020 will be rescheduled.
Misdemeanor and traffic cases will be
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Alcohol-Related Offenses for Drivers Under 21
If you are under the age of 21, you face stiff penalties for alcohol-related offenses under Illinois law. Aside from the possible criminal penalties, which may include jail time, community service, traffic safety school and/or high fines and court assessments, the Illinois Secretary of State may impose a driver’s license suspension or revocation for many of alcohol-related offenses as follows:
Illegal Transportation of Alcohol
- Conviction – 12-month driver’s license suspension
Zero Tolerance while Driving
- 1st Offense – BAC above a .00 – 3-month driver’s license suspension
- 1st Offense – Test Refusal – 6-month driver’s license suspension
- 2nd Offense – BAC
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What are the Immigration Consequences of a DUI Arrest?
The U.S. Immigration and Nationality Act requires that applicants meet a ‘good moral character’ standard that is defined as ‘adherence to generally accepted moral standards of the community’. Until October 25, 2019, DUI was not used as the basis for a finding that an applicant was not of good moral character and, generally, did not carry any immigration consequences. Now, under a new directive from the U.S. Attorney General, evidence of two or more DUI convictions establishes a presumption that the non-citizen is not of good moral character and immigration relief may be denied.
Evidence of rehabilitation after the DUI
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Rolling Meadows – DUI Lawyer Case Study
The Davis Law Group, P.C. is a law firm based in Northfield, Illinois, a short distance from the Rolling Meadows Courthouse. Our attorneys focus on criminal defense, with a concentration in DUI defense and traffic law.
Our approach to defending our clients in court combines a comprehensive understanding of Illinois criminal, DUI and traffic law and a wealth of experience in litigation and negotiation to achieve the most favorable outcome for our clients. Protecting our clients’ freedom, rights and driving privileges is our ultimate goal.
Our DUI defense attorneys represent clients at the Rolling Meadows Courthouse, also known as the
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