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.

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: 

Getting one DUI can be bad enough. Even a single DUI in Illinois can result in serious penalties and a long license suspension depending on the circumstances. However, there are sometimes opportunities to mitigate the seriousness of the matter. A second DUI is much more serious, and you will be less likely to see leniency. Courts may be understanding of a one-time mistake, but when that same mistake is repeated, the penalties can be much more severe. It will be particularly important to make sure you are represented by strong legal counsel to give you the best chances of avoiding serious jail time and other harsh penalties. 

What Are the Penalties for a Second DUI in Illinois?

A second DUI without certain aggravating circumstances is still a misdemeanor, meaning you could be sent to jail for up to a year. You could also be ordered to pay up to a $2,500 fine, in addition to court costs. Unlike with a first DUI, you may not be eligible for a period of probation or other court supervision instead of more traditional sentencing. It is likely that jail time will be in your future if you are convicted of a second DUI - the minimum sentence is five days. If you are able to get community service ordered in lieu of jail time, expect to perform 240 hours of service. 

Additionally, your license will be revoked upon conviction. The minimum revocation period is a year, but it could be much longer depending on the circumstances. Driver’s license reinstatement does not happen automatically. You will need to undergo a hearing before the Secretary of State’s office and convince them that you can be trusted to drive sober before you can regain driving privilages. 

The State of Illinois prioritizes keeping dangerous drivers off of the road in order to decrease the risk of accidents and serious injuries. As such, when a person is arrested or convicted of driving under the influence of alcohol (DUI), their driver’s license is typically suspended or revoked. However, Illinois also recognizes that losing one’s driving privileges can cause substantial hardship. If you have been arrested or convicted for DUI, you may still have options that allow you to drive, and an attorney can help you pursue them.

Illinois DUI Suspensions and Revocations

It is important to understand what actually happens to your driver’s license when you are arrested or convicted. Upon a DUI arrest, the officer will ask you to submit to a chemical test to determine the presence of alcohol in your body. If you fail the test with a blood alcohol concentration of at least 0.08, your license will be subject to a statutory summary suspension of six months for a first offense. This suspension takes effect 45 days after you receive notice. If you refuse the test altogether, your license will be subject to suspension for one year.