A new law removes the “hard time” waiting periods before a motorist could apply for a DUI-related driving permit.
Effective January 1, 2016, the law will remove the 30 day waiting period before a person could obtain a Monitored Device Driving Permit (“MDDP”) after getting a first offense DUI suspension for either failing or refusing a breath, blood or urine test.
The law also removes the one year waiting time for a person whose license has been revoked for DUI to apply for a Restricted Driving Permit, and the three year wait for a person who has a summary suspension for a second offense refusal..
In addition, the law will require DUI arrestees to sign a form acknowledging that they have been warned of the license suspension consequences for either failing or refusing to take a breath test. This is an advantage for prosecutors, who routinely lose suspension hearings on this issue when officer can’t make it to court and the defendant is able to testify that he or she wasn’t warned.
We hear and read about the crime of DUI,DWI,driving under the influence of alcohol/drugs and driving while impaired. Although it sounds confusing, the offense involves consuming enough alcohol so as to impair the ability to operate a motor vehicle. The three component factors are the officer’s observations prior to and during the stop, the results of the various field sobriety tests and the result of the breathalyzer exam. In addition, the probable cause for the stop is always an issue.
If you are charged with a DUI you want a lawyer who can attack those tests at a trial. Marder and Seidler have experts available, including former police officers to assist them in their preparation of your case. They are experienced DUI lawyers with a track record of success.
DUI/DRUNK DRIVING-SUMMARY SUSPENSION HEARINGS
When you are arrested for a DUI you face two decisions regarding taking a breathalyzer. You can take it or refuse it. There is no right to an attorney during the decision making process.
In the event you refuse, your driving privileges will be suspended for a period from twelve months to three years, depending on whether you are a first offender. If you submit and blow a .08 or greater, you will be suspended for a period of time ranging from six months to one year, depending on whether you are a first offender.
As aggressive DUI attorneys Marder and Seidler immediately file for a hearing to rescind the statutory summary suspension, based upon available legal grounds. In the alternative, they can assist you in applying for a Restricted Driving Permit, which allows you to drive to work.
Make no mistake, a charge of DUI in Illinois is a serious crime. If charged as a misdemeanor, you can be sentenced to jail for a period up to one year and be fined an amount up to $2500.00. In addition, your driving privileges will be revoked for a period of not less than one year. If you are charged as a felony DUI /aggravated DUI, you can be sentenced to prison time. A person who is facing a DUI charge should not hesitate to seek immediate counsel from an experienced drunk driving defense lawyer.
The State of Illinois imposes substantial financial and other penalties on drivers who are convicted of driving drunk. Because the outcomes are so severe, many people accused of drunk driving engage DUI attorneys.
DRUNK DRIVING IS EXPENSIVE
Illinois estimates that the minimum cost of a first DUI conviction is over $14,000. Where does this money go? To bail, bond, attorney fees, fines, court-ordered assessments, remedial education or treatment programs, and insurance premiums up to triple what they were before.
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The law firm of Marder and Seidler, has been representing DUI clients since l978. Call Marder & Seidler, at 847-985-6767 for a free and confidential consultation.