Chicago DUI Lawyer Blog

January 11, 2020

What are the Immigration Consequences of a DUI Arrest?

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.

October 3, 2019

Waukegan DUI Attorney Case Study

by The Davis Law Group, P.C.

The Waukegan DUI attorneys at The Davis Law Group, P.C. have an unparalleled understanding of Illinois DUI and traffic law and years of experience representing clients at the main Lake County courthouse located in downtown Waukegan. Our DUI lawyers are prepared to fight to protect your freedom and driving privileges.

DUI Defense Case Study – Lake County, Illinois

The case study detailed below is the recent story of our client who, after allegedly failing field sobriety tests, was arrested for driving under the influence of alcohol by the Illinois State Police. Defense Attorney David Mennie, one of our experienced Lake County DUI attorneys, and a former prosecutor, was the lead attorney on this case.

September 8, 2019

School Bus Permit Cancellation & Suspension

by The Davis Law Group, P.C.

A school bus permit is required to transport school children through 12th grade for a public, private or religious school in a school bus or any other approved vehicle owned by or operated for a school or religious institution over a regularly scheduled route. School bus permit holders are subject to strict rules and regulations, especially when it comes to traffic tickets.

School Bus Permit Requirements

Permit holders must be at least 21 years of age, have held a valid license for the previous three years prior to application for a school bus permit, complete a classroom training course, pass a written test, road test, physical examination, and an FBI criminal background check.

August 22, 2019

Seizure and Forfeiture of Vehicles in Illinois

by The Davis Law Group, P.C.

Clients seeking help with a DUI or another serious traffic matter often tell us that their vehicle was seized by the police at the time of their arrest and want to know whether they can get it back.

When can the police seize and forfeit a vehicle?

Illinois law provides for the seizure and forfeiture of vehicles in the case of certain offenses including:

July 28, 2019

How long do I have to drive with a BAIID after a DUI conviction?

by The Davis Law Group, P.C.

Drivers who have been revoked for DUI in Illinois often ask our driver’s license attorneys how long they are required to drive on a breath alcohol ignition interlock device (“BAIID”) or whether they are required to have a BAIID at all.

Drivers who have one DUI revocation and do not have a prior suspension from a previous DUI (as a result of failing a test or refusing testing) are not required to have a BAIID device installed on their vehicle. On the other hand, driver’s who have one DUI revocation and have also lost their license due to a suspension on a prior DUI are required to have a BAIID device installed on their vehicle as a condition of obtaining a restricted driving permit (“RDP”). The driver must then drive on the RDP with the BAIID for 75% of the period it is issued before the Secretary of State will consider full reinstatement.

An Illinois resident with 2 or 3 DUI convictions must drive with a BAIID for a period of 5-years before they can be considered for full reinstatement (regardless of their ‘reinstatement eligibility date’).