Grayslake DUI Lawyers
- Rapin, Charles:
DUI and traffic offenses, as well as other felony and misdemeanor charges
- Jerald Novak:
If you have been arrested for a DUI, your Illinois driver's license
will be suspended after forty five days if you fail to contact the
Department of Motor Vehicles (DMV) within ten days of your arrest and
request a hearing.
During the Arrest (According to the Dui Fact Book)
*
Police Stop Ð A person is stopped for probable cause, reasonable
suspicion, or unusual operation of a motor vehicle. *
Officer requests driver's license, vehicle registration, and proof
of insurance. *
Suspicion of Driving under the Influence Ð If the officer suspects
the driver is under the influence, the driver is requested to
submit to field sobriety tests. *
Field Sobriety Test Ð If the officer has probable cause based on
the field sobriety tests, the driver is placed under arrest for
DUI and taken to the police station. *
Chemical Testing Ð The driver is requested to submit to a chemical
testing of breath, urine, or blood. *
Less than .08 but more than .05 Ð If a tested driver's BAC is more
than .05 but less than .08 percent and no drugs are found in the
system, no summary suspension will apply. However, the associated
DUI charge will remain until appropriate action is taken by the
court. *
Refusal or Failure to Complete Testing Ð The statutory summary
suspension will apply. A repeat offender who refuses testing will
not be eligible for a restricted driving permit during the
three-year suspension. A repeat offender who takes the test and
fails is not eligible for a restricted driving permit during the
12-month suspension. *
Higher than .08 or Detection of Illegal Substances Ð If the
driver's test results show a BAC of .08 percent or more, or any
trace of a drug, illegal substance or intoxicating compound, the
driver will be issued a law enforcement sworn report notifying the
driver of a statutory summary suspension. *
45 days of Driving Ð If the driver's license is valid, a receipt
is issued that will allow driving for 45 days. *
Additional Testing Ð A driver may obtain additional testing at his
or her own expense; the results are admissible in court.
After the Arrest
*
Go to Court Immediately Ð Do not wait for the court date on the
original charge. Remember you only have 10 days after the initial
arrest to request a driverÕs license suspension hearing. *
File a Petition to Challenge the Drivers License Suspension Ð This
hearing will be before a judge and will determine whether or not
you driverÕs license will be suspended. *
File a Petition for a Judicial Driving Permit Ð A Judicial Driving
Permit will allow you to drive to and from work for most of the
time your driverÕs licenses is suspended. In addition if you drive
for a living, a Judicial Driving Permit will allow you to drive
during the course of your employment. *
File an Attorney Appearance Ð
that will notify the police, prosecutor, and the judge
that you are represented by counsel and they can not talk to you
unless your lawyer is present. *
File for a Motion of Discovery Ð
to gather any and all information about the case. *
Subpoena the Arrest Records Ð This provide
the police
version of what happened during your arrest *
Subpoena the Alcohol Influence Report Ð This is the police version
of how well or poorly you preformed during the field sobriety
test. *
Subpoena the Breath Analysis Log Ð This will tell if the
breathalyzer was tested for accuracy prior to your stop and
whether the officer was licensed to use the breathalyzer. If this evidence suppressed your case improves significantly.
*
Subpoena any Audio and Video Tapes
The Secretary of State Revocation Hearing
*
Review Driving Record Ð
Review Treatment Information Ð
Prior Hearings Denial Letter Ð If you have had a previous
Secretary of State Hearing I need to review the denial letter. It
explains why you were denied at the previous hearing and allows us
to remedy any earlier deficiencies. *
Get a Restricted Driving Permit from the Secretary of State Ð A
majority of my clients receive a Restricted Driving Permit, or
Hardship License, at their first hearing. *
Apply for Unrestricted License Ð After you have had a restricted
driverÕs license for nine months we can apply for a permanent
unrestricted driverÕs license.
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