Chicago DUI Lawyer Blog

September 19, 2021

Should I Take a Breathalyzer Test in Illinois?

If a police officer suspects that you have been drinking and driving in Illinois, they may ask you to take a breath test, commonly referred to as a breathalyzer test. The legal consequences of that decision can be significant.

With that in mind, there isn’t a “one size fits all” answer to the question of whether you should take a breathalyzer test when pulled over. Every DUI case is unique and involves a specific set of circumstances. What is important is that you understand both the legal implications of a BAC test refusal as well as the consequences of submitting to and failing the breath test. It is essential that you know your rights under Illinois law so you can make an informed decision. You will have the ability to seek legal representation from a DUI defense lawyer in Chicago, Illinois, regardless of whether you take the breathalyzer test or refuse it.

What is a Breathalyzer Test?

August 11, 2021

Secretary of State Scams Target Illinois Residents

by The Davis Law Group, P.C.

Illinois residents are increasingly receiving text messages and emails from scammers claiming to be from the Office of the Illinois Secretary of State advising them that there is an issue with their driver’s license or that they have discovered an irregularity in their personal information.

These messages request that the person provide information such as their driver’s license number, date of birth, address, phone number and social security number. The latest of these messages replicate the Secretary of State’s website. The message usually includes a warning that the failure to provide the requested information will result in the ‘termination’ or ‘cancellation’ of the person’s driver’s license.

Anyone who receives such a message should be aware that they are the target of a scam. These text and email messages do not originate from the Illinois Secretary of State’s office. The Secretary of State does not email or text individuals seeking personal information.

July 31, 2021

Is Speeding a Criminal Offense in Illinois?

by The Davis Law Group, P.C.

In Illinois, speeding 26 mph or more over the posted limit is a criminal offense. This offense is also known as aggravated speeding, misdemeanor speeding or excessive speeding. The penalties for aggravated speeding tickets were addressed in an earlier post. Below are the answers to some additional questions we often receive regarding Illinois speeding tickets.

Can you be arrested for speeding in Illinois?

Speeding 26 miles per hour or more above the posted speed limit is a misdemeanor in Illinois. A misdemeanor is a criminal offense and, therefore, you can be placed under arrest. While some police officers will simply issue an aggravated speeding ticket with a required court appearance and release you on the spot, that is not always the case. Depending on the officer and the law enforcement agency’s policy, you may be arrested, transported back to the police station and processed before being released.

June 2, 2021

Why was I denied a restricted driving permit or full license reinstatement by the Secretary of State?

by The Davis Law Group, P.C.

You spent months preparing for a hearing with the Illinois Secretary of State to finally get your driving privileges restored after years of having a revoked license. You have done everything asked of you including the completion of your evaluation, treatment and classes.

Finally, the big day arrives and you appear for your hearing. As you walk out of the hearing room, you think everything went well. You eagerly wait for your decision to arrive. After several months of waiting and hoping, the Secretary of State has denied your request not only for reinstatement but has also denied you a restricted driving permit (RDP). You are devastated and confused.

The license reinstatement attorneys at The Davis Law Group, P.C. have represented thousands of drivers before the Secretary of State. A large percentage of our clients have previously had hearings either on their own or with another attorney and have been denied. As a result, we have had countless opportunities to review prior denial orders. Our experience tells us that there are many recurring reasons why people are denied driving privileges.

April 19, 2021

Can you expunge a felony in Illinois?

by The Davis Law Group, P.C.

You can expunge a felony in Illinois if any of the following are true:

There was a finding of no probable cause prior to trial.
You were found not guilty after trial.

April 2, 2021

New Illinois Law Would Allow for the Sealing of Certain DUI Arrests

by The Davis Law Group, P.C.

Illinois law has prohibited the expungement and sealing of DUIs as part of a longstanding policy. Past failed legislative efforts have primarily sought to make DUIs expungeable, which would affect the Secretary of State’s ability to track a driver’s DUI history.

In Illinois, a person’s DUI arrest history is significant in a variety of ways. For example, it is used to determine whether to charge a new DUI as a misdemeanor or felony, whether the individual is eligible for court supervision, and determine their eligibility for license reinstatement. If the Secretary of State were forced to delete such information from a driving record, certain laws would become difficult, if not impossible, to enforce. As a result, the Illinois Secretary of State has opposed past efforts to pass DUI expungement and sealing laws.

Now, a new legislative effort is underway, which has a chance at passage due to substantial support among legislators and a lack of opposition from the Secretary of State.

March 25, 2021

Can you expunge a misdemeanor in Illinois?

by The Davis Law Group, P.C.

You can expunge a misdemeanor in Illinois if any of the following are true:

You were found not guilty
The case was dismissed (SOL, Non-Suit, Nolle Prosequi)

March 10, 2021

What is a Restricted Driving Permit?

by The Davis Law Group, P.C.

If you have had your license revoked or suspended in Illinois and you are not yet eligible for full license reinstatement, you may apply for a Restricted Driving Permit (RDP) through an administrative hearing with the Secretary of State. Likewise, even if you are eligible for full license reinstatement, you may initially be issued an RDP after your hearing prior to being granted full reinstatement.

RDPs are often called “work permits” because their most common purpose is employment. However, under the law, there are several types of Restricted Driving Permits that may allow you to drive for other purposes such as medical visits, education/school, child care, elder care, alcohol/drug-related counseling and, in limited circumstances, for “any purpose”. Restricted Driving Permits are issued only to those drivers who, after a hearing with the Secretary of State, are able to demonstrate that they are not a risk to public safety. Of course, there are a number of other factors taken into consideration by the Secretary of State before granting this type of driving relief. Depending on your background, an RDP may be issued for a period of up to 2 years.

An RDP is not a driver’s license although it is sometimes referred to as a “restricted license”. An RDP only allows you to drive for a specific purpose on certain days, hours and within a specific radius. If you are caught using a permit outside of these limits, you may be charged with driving on a revoked or suspended license depending on the status of your underlying driving privileges.

March 5, 2021

Improper Lane Usage Violations for CDL Holders

by The Davis Law Group, P.C.

Commercial Driver’s License (CDL) holders are often issued traffic tickets for left lane violations on the highways and tollways across the State of Illinois. The Illinois Department of Transportation has erected signage prohibiting trucks from using the far left lane in many areas. The Illinois State Police are constantly on the lookout for trucks using the far left lane.

These offenses are most commonly charged under 625 ILCS 5/11-709 of the Illinois Vehicle Code. This type of traffic ticket is typically referred to as:

Improper Use of Designated Lanes

February 19, 2021

Can I Remove a Traffic Accident from my Illinois Driving Record?

by The Davis Law Group, P.C.

Removing a traffic accident entry from your Illinois driving record may be possible. However, there are a number of questions to consider in order to determine your options. Most importantly we must know:

Were you issued a traffic ticket at the time of the accident?
- If so, what was the result: