In a DUI arrest the police officer is required to inform you what will happen to your driver’s license if you submit to a breath test, (or other chemical test) and what will happen if you refuse to submit. The information is contained in the “Warnings to Motorist” form that the police officer is required…
In Illinois you can be convicted for Driving Under the Influence (DUI) when your sleeping in your car or sitting in your car without the engine running. It is possible because Illinois law requires that you have “actual physical control” of your vehicle to be guilty of DUI. “Actual physical control” is defined as simply…
A “Drug and Alcohol Evaluation” is a review of your consumption of drug and alcohol use. The evaluation consists of two parts: 1) interview and 2) multiple choice questions. A urine test is not a standard part of the evaluation, however, can be requested if the evaluator has a suspicion that you may be under…
A Statutory Summary Suspension is an automatic suspension of a person’s Illinois driver’s license if they are charged with a DUI in Illinois. The suspension takes effect on the 46th day after the DUI arrest date. The suspension is between 6 months and three years, depending on whether it is a persons first or subsequent…
A public defender is a court appointed attorney. To qualify for a public defender you have to fill out a financial affidavit and show that you have no real assets to pay for an attorney. Even if you do qualify for the services of the public defender many courts require you to pay the public…
An out of state conviction for DUI will cause your Illinois driver’s license to become revoked for a period of 1 year if it is your first DUI. If your DUI was in Illinois you generally receive a sentence of Court Supervision which is not a conviction, so your license is not revoked for 1…
When arrested for DUI in Illinois, the automatic license suspension (6 months if you submitted to breath or blood or urine test, or 12 months if you did not) automatically takes effect on the 46th day after the day of your arrest. This means you do not have a license to drive a vehicle and…
Client’s often agree to perform the field sobriety tests on the road, (Walk and Turn, Once Leg Stand Test and HGN), but then refuse to submit to a breath test at the police station. Although the state prosecutor does not have a breathalyzer result, they still have evidence that you were not able to properly…
Having an out of state license, for example, a Wisconsin or Indiana license and being charged with a DUI in Illinois presents special circumstances. First, the Statutory Summary Suspension which suspends a person’s license who is charged with DUI will only suspend the driver’s ability to drive in Illinois. So, you can drive in your…
One of the conditions of bond is that you cannot leave the State of Illinois without the Court’s permission. To get permission to leave the State of Illinois your attorney will ask the Court to allow you to travel out of state. Your attorney should present to the Judge the reason for your travel and…