Illinois Statutory Summary Suspension

A statutory summary suspension provides for the automatic suspension of driving privileges of a driver arrested for DUI who fails, refuses to submit to, or fails to complete chemical testing. Failure of chemical testing means a person’s BAC was .08 or more or the test showed a trace of other drugs. Statutory summary suspensions are automatic, effective on the 46th day from the date of the suspension notice. This suspension does not replace criminal penalties for a DUI conviction. An offender may request a judicial hearing to challenge the arrest; however, the request does not stop the suspension from taking effect. If an Illinois driver refuses to submit to chemical testing in another state, his/her driving privileges will be suspended. A statutory summary suspension does not apply to a person with a BAC of less than .08. If a person has a BAC of more than .05, and additional evidence such as an open container warrants a DUI arrest, the outcome of the court case will determine if penalties apply. If a commercial driver’s license holder receives a statutory summary suspension, his/her CDL privileges will be disqualified for one.

Urbana DUI Attorney

In Illinois, if you have been charged with a DUI in Urbana, you need to contact the DUI Law Firm of Peter Buh.  The Law Firm of Peter Buh is almost exclusively devoted to DUI defense.  His firm and their attorneys have earned a reputation for aggressive representation as a hard-hitting DUI defense lawyers. They ask the tough questions and know how to build a winning strategy at trial. At the firm, they know the law, they know the system, they understand what a person charged with a DUI is going through and know how to get the best results for their clients.

The Law Firm has enjoyed much success defending numerous DUI clients in the State of Illinois.  They know what motions to file, when to file them and when to take the cases to trial.  Ken Johnson has been an attorney for over 18 years and was the former Public Defender.  Peter Buh, was the former Chief of Felony and was awarded the “DUI” Prosecutor of the Year.

When you have been charged with a DUI in Urbana, Illinois, your driver’s license, your liberty and freedom may be at stake. You want to ensure that your rights are fully protected by competent and dedicated DUI attorneys. At our firm, we are dedicated to providing each client with the utmost caliber of legal representation and client service which they deserve. If you have been charged with a DUI in Urbana, it is in your best interest to have an experienced and dedicated legal advocate fighting on your side.  Contact your Local Champaign County DUI Attorney or your Urbana DUI Attorney for a free consultation.

 

Call 217-626-4384 or 217-626-4(DUI) to speak with DUI Defense Attorney or set a Free Consultation.

 

 

Call 217-626-4384

 

Kane County DUI Attorney and your Statutory Summary Suspension

If you are first time DUI offender in Illinois, you may be eligible for driving relief during your Statutory Summary Suspension (SSS). You are eligible to receive a Monitoring Device Driving Permit (MDDP) from the secretary of state after the 31st day from the effective date of the suspension. This permit will allow you to drive to any location at anytime during your suspension with the requirement that you drive a car equipped with a Breath Alcohol Ignition Interlock Device (BAIID). You may opt to not participate in the BAIID program, but you will not be eligible for any other driving relief during your SSS. If you opt out of the program and are subsequently caught driving during your SSS, you will be guilty of a class 4 felony.  A class 4 felony is punishable by a prison sentence of 1 to 3 years in prison.
You are ineligible for a MDDP under the following circumstances:1) your driver’s license was otherwise invalid at the time of the DUI arrest; 2) if death or great bodily harm resulted from this DUI arrest;    3) you have previously been convicted of reckless homicide or aggravated DUI, which resulted in a death;     4) you are a CDL holder to operate a CMV during the SSS; 5) If you failed a chemical test or refused a chemical test for DUI in the past 5 years (not including this arrest); 6) if you are under age 18 years old.
There are restrictions that surround your MDDP.  Your  MDDP will not be effective until the 31st day of your SSS.   You will be required to use an Illinois certified BAIID provider to install/monitor a BAIID on any vehicle you will be driving during your SSS.   If you are found driving a car without a BAIID during the SSS you can be found guilty of a class 4 felony and be sentenced to prison.  However, exemptions do apply for the MDDP.   If you will need to drive employer owned vehicles during the course of your work hours and the car is not specifically assigned to you, you may be eligible for a work exemption for the driving you do on work hours.  If you believe you are eligible for this exemption, please bring your employers name, address, and phone number with you to court so that the Illinois Secretary of State can contact them for verification.
At your court appearance, inform the Judge of your desire to obtain an MDDP.  You will then fill out an application, which will be forwarded to the Illinois Secretary of State’s office for processing. After the Secretary of State receives your application your records will be reviewed for eligibility. If you are eligible and have paid all of the fees, your MDDP will be issued. You are not eligible to receive an MDDP until the 31st day of your SSS. The Secretary of State will issue the MDDPs as efficiently as possible.  However, this process can take several weeks.
Once your MDDP is issued, you will have 14 days to have a BAIID installed on any and all cars you wish to drive during your SSS. From the date it is installed, the BAIID will be read once every 60 days. However, if the BAIID detects an accumulation of 5 violations, your machine will be recalled early for monitoring. The Secretary of State”��s office will evaluate the results and determine if there have been any violations of the program during that monitoring period. If no violations are detected, no further action will be taken. If there are violations, the Secretary of State will send a letter giving you an opportunity to explain the violation. If you do not respond to this request or your explanation is deemed insufficient, your SSS may be extended for an additional 3 months and you will submit to monitoring every 30 days and/or your MDDP may be cancelled.
Cost will depend on the length of your SSS. You will be required to pay a $30 per month non-refundable, monitoring fee to the Illinois Secretary of State for the length of the MDDP. This fee will be paid in full, upfront before the MDDP is issued. For the actual device, you will have to pay an installation fee, monthly rental fees and calibration fees. The installation fee is $80-$100.  It is $85 per month rental fee for device. There is a $100 recalibration fee for device every two months.  With every installation fee, there is a $100 de-installation fee.  For further information, please visit Kane County DUI Attorney, your Local DUI Attorney or the DUI Blog.

 

Murder conviction in a DUI Charge

Andrew Thomas Gallo,  a 23-year-old San Gabriel man was found guilty of murder Monday in connection with the DUI crash that tragically killed three individuals, including Angels pitcher Nick Adenhart.   Gallo was charged with three counts of second-degree murder, felony DUI and felony hit-and-run stemming from an April 9, 2009, crash. which shocked people across the country when it occurred just hours after Adenhart made his first start of the season for the Angels, pitching six scoreless innings.   For further information, contact your local DUI Attorney or visit Local DUI Videos.

Grundy County DUI Attorney

If you have been arrested for a DUI in Grundy County, Illinois, there are standard procedures the police agencies will use.  After the police officer or Grundy County Sheriff’s Deputy arrests you for a DUI, you will be transported to the police station and requested to submit to a breathalyzer test.  If you refuse to complete any chemical testing, your driver’s license will be suspended for one year under the Illinois Statutory Summary Suspension Laws.  If you take the breathalyzer and register 0.08 or greater as a BAC, your license will be suspended for six months if you are a first offender.  You will be released by typically posting your driver’s license and cash bond.  The officer will you give you a court date approximately 3 to 4 weeks later.  You must appear at the Grundy County Courthouse, located at 111 E. Washington Street, Morris, IL 60450.  There is a parking by the building.  The Grundy County Circuit Clerk’s Office will have information regarding the date, time and place of your first appearance.  Their phone number is 815-941-3256.  Grundy County has a population of 37,535.  Grundy County is 430 square miles.  Two major interstates cross Grundy County, Interstate 55 and 80.  Grundy County borders 5 counties and broken into 17 townships.

The case will be prosecuted by the Grundy County State’s Attorney’s Office.  The State’s Attorney’s Office is responsible for prosecuting all criminal offenses. You can contact the Grundy County State’s Attorney’s Office at 815-941-3276.   On your first appearance date, you may be required to pass through a metal detector.  Typically, cellular phones that have a video recording device or camera will not be allowed into the courthouse.  Your case will be assigned to one of the courtrooms.  Your first appearance will be at 9:00 AM.  The judges will call all private attorney cases first.  If you do not appear with an attorney, the wait may be one hour.  The judge will ask if you retained an attorney. The judge will typically set a new court date within 30 days to give you an opportunity to obtain an attorney.  It is strongly recommended that your hire an attorney who is experienced in DUI law and is familiar with the Grundy County DUI Process.  Your Local DUI Attorney will be familiar with the Grundy County Judges and the Grundy County Prosecutors.  In addition, the Grundy County DUI Attorney will know the police officers from the many cities in Grundy County, such as Morris, and Coal City.  The criminal prosecution of a DUI can take as little as one month or as long as one year. 157 individuals were arrested for a DUI in Grundy County in 2008, a decrease of one from 2007.

Arrested for a DUI in Aurora, Illinois, what next?

If you were arrested for a DUI in Aurora, Illinois, you were not alone.  420 individuals were arrested for DUI in Aurora in 2008.  Statewide, 48,000 people in Illinois were arrested for DUI in 2008.   Aurora is a unique city with its location covering four counties, Kendall, Will, DuPage and Kane Counties in Illinois. Aurora is the 2nd largest city in Illinois with a population of 171,782.  Approximately 100,000 people living in Kane County and 60,000 in DuPage County.

If you are arrested for a DUI, the Aurora Police Department will charge you with two counts of DUI if you submitted to a breathalyzer test and it registered a .08 or greater.   You will be booked and given a court date.  You will need to appear at the DuPage County Courthouse in Wheaton or the Kane County Courthouse in Geneva depending upon where the DUI violation took place.

One charge will be a per se violation of the DUI statute prohibiting a blood alcohol level (BAC) in excess of .08.   The state’s attorney’s office has to prove that the BAC was .08 or greater beyond a reasonable doubt to obtain a conviction.  The prosecutors will use scientific evidence to obtain a conviction.  However there are numerous challenges an experienced DUI attorney can use to potentially have the charges dismissed.

The second count DUI charge will be driving a motor vehicle while under the influence of alcohol.  This violation is based upon a police officer’s observations, which will include field sobriety, smell of alcohol and driving.  For this count, the State will use the testimony of the police officer to attempt to obtain a conviction.  The burden of proof for the state is the same for both counts, beyond a reasonable doubt to obtain a conviction.  If you do not submit to chemical testing, the Aurora Police Department will only charge you with one count of DUI.  By refusing to submit to the breathalyzer, various restrictions that will apply to your license as a result of a DUI arrest.  Consult an experienced DUI attorney for further information.

The Illinois DUI Lawyer you retain must have experience in either Kane County or DuPage County.  If the attorney does not have experience in either of those counties, it is highly recommended you retain an attorney with that experience.  The benefits of hiring a local DUI lawyer are that he will know the judges and prosecutors.  They are very familiar with the local procedures.  The experienced Illinois DUI Lawyer will protect your rights.  For further information please visit Kane County DUI Attorney.