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What happens to my license if I'm charged with DUI?

One of the biggest concerns with getting charged with DUI are the implications it can have on your license. If you are suspected of DUI, you will likely be asked to take a breathalyzer test. If you take the test and return a result over the legal limit (.08), your license will be suspended for six months. If you refuse to take the breathalyzer test, your license will automatically be suspended for one year.

At this point, you have a few options to get your driving privileges back. First, you can contact the Illinois Secretary of State and speak with them about getting a driving permit, technically called a Monitoring Device Driving Permit (MDDP).

This permit will allow you to drive unrestricted; anytime of day or night and for any reason. However, you will be required to install a Breath Alcohol Ignition Interlock Device (BAIID) on your personal vehicle that you will be driving. This device requires a breath sample in order to start the car every time and carries an installation fee and monthly usage fee. Also note that you may ONLY drive your vehicle with the BAIID device on it, no other standard ignition vehicles.

There are some work exemptions to the BAIID requirement. If you drive for work, you may qualify for this exemption and will not be required to install a BAIID on your employer's vehicle. This is a slightly complex issue, as it depends on the use of the vehicle, the class of the vehicle, or if the vehicle requires a CDL.

A second option is to have your attorney file a Petition to Rescind the Statutory Summary Suspension (the technical term for your license suspension). This is a very limited scope hearing that will determine if your license was properly suspended or not. If you are successful in the hearing, your license suspension will be removed and you will be free to drive unrestricted again. There are only five basis's to win this hearing:

1. You were not properly placed under arrest for DUI.

2. You were not in actual physical control of the vehicle.

3. You were not given the proper warnings of the suspension.

4. You did not refuse to submit to the chemical test or tests.

5. You submitted to the test, which returned a result of less than .08.

This is just a very brief overview of the process, there are many additional details and nuances which were not included in this article for the sake of keeping it to the main points. The takeaway here is that there are several options to keep driving during the suspension period, and it would be wise to contact an attorney to fully discuss these options.

Disclaimer: This article is made available by the publisher for educational purposes only, as well as to give you general information and a general understanding of the publisher’s interpretation of the law, not to provide specific legal advice. This information may not reflect the law in your jurisdiction. By using this site you understand that there is no attorney-client relationship between you and the publisher. All information in this article is the opinion of the publisher and may not reflect future developments in this field. This website should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

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