If I get a DUI in Illinois will I lose my license?

In Illinois a person is “Driving Under the Influence” (DUI) if he has a blood alcohol concentration (BAC) of .08 or more, has used any illegal substance, or is impaired by medication. Receiving a DUI citation can be a life altering event that may include fines and possible suspension of driving privileges. So, when exactly will an individual’s driving privileges be suspended? Here’s, what you need to know:

Statutory Summary Suspension

A statutory summary suspension is the automatic suspension of an individual’s driving privileges. A statutory summary suspension may be issued to a driver charged with a DUI dependent upon the driver’s BAC. Drivers who fail chemical testing, fail to submit to chemical testing, or fail to complete chemical testing are automatically issued a statutory summary suspension.

For typical drivers, a statutory summary suspension does not apply to drivers with a BAC of less than .08, THC less than five nanograms, or less than ten nanograms of any other substance. Illinois has zero tolerance for the presence of THC or any controlled substances in CDL Holders’ blood or urine and will impose summary suspensions.

Penalties

Should a driver fail chemical testing, the following penalties will apply:

• First offense – suspension of driving privileges for six months (eligible for an MDDP)
• First offense (CDL Holder) – CDL privileges disqualified for twelve months
• Second or subsequent offense within five years – suspension of driving privileges for twelve months
• Second or subsequent offense within five years (CDL Holder) – lifetime disqualification of CDL privileges

Should a driver refuse to submit to chemical testing, the following penalties will apply:

• First offense – suspension of driving privileges for twelve months (eligible for an MDDP)
• First offense (CDL Holder) – CDL privileges disqualified for twelve months
• Second or subsequent offense within five years – suspension of driving privileges for thirty-six months
• Second or subsequent offense within five years (CDL Holder) – lifetime disqualification of CDL privileges

In some circumstances, an administrative driver’s license revocation may be administered by the Illinois Secretary of State’s office. An administrative driver’s license revocation is the revocation of driving privileges—without a hearing—for a driver who has been charged with a DUI. Unless the revocation is challenged, the driver’s privileges will remain revoked until the case is decided.

Monitoring Device Driving Permit (MDDP)

A first-time DUI offender may be eligible to receive a Monitoring Device Driving Permit (MDDP) from the Secretary of State’s office. If a driver receives an MDDP, he must install a Breath Alcohol Ignition Interlock Device (BAIID) on their vehicle. A BAIID is a device that chemically tests a driver’s breath to detect the driver’s BAC. If the driver’s BAC is under the limit set by the state, the driver can operate the vehicle. A driver who has a valid MDDP can drive anywhere, at any time, so long as the vehicle he is driving is equipped with a BAIID.

An MDDP may not be issued to drive any commercial vehicle and, consequently, CDL holders may not drive any vehicle for which a CDL is required.

Speak to a Skilled Libertyville DUI Attorney Now

The penalties for receiving a DUI are burdensome, but a DUI conviction may come with many more consequences other than just suspended driving privileges, such as revocation of driving privileges. Contact the law offices of Johnston Tomei Lenczycki & Goldberg LLC in Libertyville today to see if you are eligible for an MDDP, to challenge a statutory summary suspension, to contest an administrative driver’s license revocation, and to minimize your chances of a DUI conviction.