Chicago DUI Lawyer Blog

March 26, 2020

Substance Abuse & Mental Health Consequences of ‘Shelter in Place’

Although necessary for the greater good, the ‘Shelter in Place’ order imposed by Illinois, among other states, may have unintended effects on many of our clients and others with past drug or alcohol dependency.

The closure of bars, restaurants and other gathering places along with the social distancing recommendation encouraged by the government and media is resulting in a higher degree of isolation. The inability of the average person to socialize with others may result in the onset of anxiety, loneliness and depression. As a consequence, those individuals susceptible to such feelings may attempt to ‘self-medicate’ through the consumption of alcohol or drug-use. These feelings may make it even more difficult for those with pre-existing alcohol or drug problems who are in recovery to avoid relapse.

Recent media reports have indicated that there has been a substantial increase in alcohol and marijuana purchases during the current COVID-19 health crisis. Liquor stores and cannabis dispensaries are both deemed essential businesses and remain open. Bars and restaurants still have the ability to sell alcohol to customers through delivery as well as curbside pick-up.

March 25, 2020

COVID-19: How we are serving and protecting our clients

by The Davis Law Group, P.C.

We are closely tracking the rapidly evolving public health and community concerns related to the spread of COVID-19. Rest assured that The Davis Law Group, P.C. is taking all available steps to remain accessible to our clients as we continue to act in accordance with their best interests during this difficult time. Our clients’ well-being is our top priority, click here for additional information and resources.

Please see below for answers to some frequently asked questions, and feel free to reach out to us for assistance with your legal matter.

Is your office currently open?

March 23, 2020

Illinois Court Date Postponements Due to COVID-19

by The Davis Law Group, P.C.

Due to the health concerns surrounding the spread of COVID-19, many upcoming court appearance dates in Illinois have been postponed. This includes court dates scheduled throughout the primary geographic area of our legal practice: Cook County, Lake County and DuPage County. The details below are related to criminal and traffic cases. For the most up-to-date information, please review the information posted by the Clerk of the Circuit Court in the county where your case is pending.

Cook County Courthouses

Most court appearances scheduled from March 17, 2020 through April 15, 2020 will be rescheduled.

February 4, 2020

Alcohol-Related Offenses for Drivers Under 21

by The Davis Law Group, P.C.

If you are under the age of 21, you face stiff penalties for alcohol-related offenses under Illinois law. Aside from the possible criminal penalties, which may include jail time, community service, traffic safety school and/or high fines and court assessments, the Illinois Secretary of State may impose a driver’s license suspension or revocation for many of alcohol-related offenses as follows:

Illegal Transportation of Alcohol

Conviction – 12-month driver’s license suspension

January 11, 2020

What are the Immigration Consequences of a DUI Arrest?

by The Davis Law Group, P.C.

The U.S. Immigration and Nationality Act requires that applicants meet a ‘good moral character’ standard that is defined as ‘adherence to generally accepted moral standards of the community’. Until October 25, 2019, DUI was not used as the basis for a finding that an applicant was not of good moral character and, generally, did not carry any immigration consequences. Now, under a new directive from the U.S. Attorney General, evidence of two or more DUI convictions establishes a presumption that the non-citizen is not of good moral character and immigration relief may be denied.

Evidence of rehabilitation after the DUI arrests is not enough to challenge the presumption that the non-citizen is not of good moral character. Evidence would need to be presented that the non-citizen sustained good moral character throughout the relevant look-back period, including at the time of the arrests.

Crimes of Moral Turpitude & Consequences

December 23, 2019

Rolling Meadows DUI Defense – Case Study

by The Davis Law Group, P.C.

The Davis Law Group, P.C. is a law firm based in Northfield, Illinois, a short distance from the Rolling Meadows Courthouse. Our attorneys focus on criminal defense, with a concentration in DUI defense and traffic law.

Our approach to defending our clients in court combines a comprehensive understanding of Illinois criminal, DUI and traffic law and a wealth of experience in litigation and negotiation to achieve the most favorable outcome for our clients. Protecting our clients’ freedom, rights and driving privileges is our ultimate goal.

Our DUI defense attorneys represent clients at the Rolling Meadows Courthouse, also known as the Third Municipal District located at 2121 Euclid Ave. One of our recent successes is outlined below.

December 5, 2019

Illinois Speeding Ticket Point System

by The Davis Law Group, P.C.

Speeding tickets and other moving violations are assigned a certain number of points on your Illinois driving record depending on the specific offense. Speeding tickets can vary between a minimum of 5 points and a maximum of 50 points as follows:

Speeding 1-10 MPH above limit – 5 points
Speeding 11-14 MPH above limit – 15 points

November 6, 2019

Illinois Legislature Passes ‘License to Work Act’

by The Davis Law Group, P.C.

On October 29, 2019, the Illinois House passed Senate Bill 1786 known as the License to Work Act. The Act has now passed both houses of the Illinois legislature and awaits the Governor’s signature.

Over the last 30 years, laws have been passed authorizing the suspension of a person’s driver’s license as a means of collecting past due parking ticket fines, tollway violations and fees owed to the Illinois Commerce Commission. The License to Work Act removes the authority of the Secretary of State to suspend driving privileges for such reasons.

The legislation also provides for restoration of driving privileges for those persons who have previously had their license revoked, suspended or cancelled for non-payment of parking tickets or tollway violations or fees owed the Illinois Commerce Commission. Those suspended for unpaid parking tickets account for the largest portion of those impacted by the new legislation.

November 1, 2019

How do I clear a hold from Illinois on my out-of-state driver’s license?

by The Davis Law Group, P.C.

If your driving privileges are suspended or revoked in Illinois, you may be unable to obtain or renew your driver’s license in the state in which you reside due to the hold that Illinois has placed on your ‘National Driving Record’. This may occur even if you never lived in Illinois or never obtained an Illinois driver’s license. Most states will not issue or renew your driver’s license until the hold has been lifted and your National Driving Record is clear of suspensions or revocations from Illinois or any other state.

Most holds in Illinois result from either a revocation of your driving privileges due to a DUI or your Failure to Appear in court. However, there are many other reasons Illinois may place a hold on your National Driving Record, including your failure to pay fines for tickets or suspensions caused by various other traffic violations.

DUI Revocations

October 15, 2019

Federal DUI Defense

by The Davis Law Group, P.C.

While the vast majority of offenses for driving under the influence of alcohol or drugs (DUI) are filed and heard in state courts, DUI may also be charged as a federal offense. Most commonly, federal DUI charges arise in situations where the offender is stopped on the property of a federal military installation, national park, national monument, post office or on other federal property.

DUI on National Park Service land

If the DUI occurred on land controlled by the National Park Service, the DUI may be prosecuted as a Class B misdemeanor punishable by up to 6-months incarceration, a $5,000.00 fine and 5-years of probation. Additionally, a refusal of testing is considered a criminal offense with punishment of up to one-year incarceration, a fine and the suspension of driving privileges on federal land or property for a period of up to one-year.