Driving under the influence of alcohol can lead to criminal and administrative consequences. Not only does a DUI offender face steep fines and even jail time, but they may also lose their driver’s license. Once a person’s driver’s license is suspended or revoked, it is illegal for the individual to drive any motor vehicle. Driving with a suspended or revoked license due to a DUI conviction is a Class A misdemeanor punishable by up to $2500 in fines and a mandatory minimum penalty of 10 days in jail or 30 days of community service.

Fortunately, there may be a way to get back on the road legally after a drunk driving arrest or conviction. Illinois offers special driving permits that allow DUI offenders to drive without the risk of further criminal charges.

Monitoring Device Driving Permit

When someone is arrested for driving under the influence because they failed or refused to take a breath alcohol test, their driver’s license is suspended. In Illinois, drivers do not have to be convicted of DUI to receive a driver’s license suspension. Fortunately, the state offers means of regaining driving privileges during the suspension period. A Monitoring Device Driving Permit is available for individuals subject to statutory summary suspensions after a drunk driving arrest.

According to Illinois law, reckless driving is not just a traffic offense. It is a serious crime that can include prison time. Therefore, it is important to know just what reckless driving is and how to defend against it if you are charged with it.

Unlike many traffic offenses such as speeding, which are defined by specific standards such as “a certain number of miles per hour over the limit,” the definition of reckless driving is more general. In the Illinois Vehicle Code, reckless driving is defined as driving “with a willful or wanton disregard” for others, or “knowingly” driving a vehicle up an incline to jump it. Without spelling out the specific actions that automatically establish reckless driving (save for taking your vehicle airborne), the law empowers the arresting officer and the judge to decide whether your specific behavior amounts to reckless driving.

For example, you could be charged with this offense if you are swerving when you drive, if you speed excessively, if you are texting and driving, or even if you just change lanes without signaling. The law’s keywords are whether you are driving “with a willful or wanton disregard,” or you “knowingly” take your vehicle airborne. In other words, if you knew that what you were doing was risky, but you intentionally did it anyway.

While DUIs are mostly associated with alcohol use, you can be charged with DUI for driving under the influence of any other mind-altering substance. Prior to 2020, operating a vehicle with any minute amount of cannabis in your system could lead to DUI charges. Cannabis was illegal at the time. However, it has now been legal in Illinois to possess and use small amounts of marijuana. This has affected the way DUI charges related to cannabis are handled. If you have been charged with a cannabis DUI, it is important to speak to a qualified attorney as soon as possible - ideally before your first court appearance. 

What Was the Problem With the Original Cannabis DUI Law?

A person’s level of alcohol intoxication can be easily measured through breath or blood tests. As the intoxicating effects wear off, a person’s blood alcohol content (BAC) drops. It is established that if a person’s BAC is 0.08% or higher, they are actively intoxicated and should not be driving. The mere presence of alcohol in trace amounts would not lead to a DUI charge. Otherwise, sober people could be arrested the day after drinking. 

Cannabis was treated very differently. Having any small amount of THC - just enough to trigger a positive on a drug test - in your body while driving could be treated as a DUI. The problem is that THC can remain in your system in detectable levels for weeks after your last use. This rule led to quite a few cannabis users getting charged with DUI sometimes weeks after any impairment had worn off. Effectively, any routine user of cannabis was committing a DUI every time they drove. 

Getting a DUI in Illinois is a big deal. You are likely to have your license suspended, and you may even go to jail even if this is your first offense. Aside from that, a DUI never “drops off” your driving record. This crime becomes a permanent part of your criminal record, and it will turn up in any pre-employment background check. If at all possible, you will want to avoid a conviction. 

There are a few tricks smart attorneys have up their sleeves for defending people charged with DUI. Sobriety testing is not nearly as foolproof as the police and the prosecution would like you to believe. If you are facing a DUI charge, your best bet is to let an experienced lawyer assess your case and formulate a defense strategy. 

What Are Some Possible Defenses to DUI in Kane County? 

The defense that may work best for you completely depends on the specific facts of your case. It is important to let a qualified attorney who has experience with DUI cases work on your defense. Possible ways of fighting a DUI charge include addressing: 

Even a brief inability to drive can interfere with your life significantly. Getting to school, work, doctor’s appointments, and even the grocery store can become quite a challenge when you are not able to drive yourself. Having a revoked or suspended driver’s license can be a nightmare for many Illinois residents, particularly those who live in more spread-out suburban areas. There are a number of reasons that the state of Illinois will suspend a person’s driving privileges - and not all of them have to do with the individual’s driving record. 

If you are facing a license suspension, there may be steps an attorney can help you take that could keep you on the road, or get you back to driving faster. It is very important that you refrain from driving while your license is suspended. 

What Are the Most Common Reasons for Driver’s License Suspensions in Illinois?

The steps you may need to take to regain your driving privileges will depend on the reason that your license was suspended in the first place. In some cases, there could be a waiting period before you are eligible to drive again. In others, you could be eligible for a special type of license that only allows you to drive for specific, necessary purposes. Reasons Illinois drivers may have their licenses suspended include: