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Drivers who have been revoked for DUI in Illinois often ask our driver’s license attorneys how long they are required to drive on a breath alcohol ignition interlock device (“BAIID”) or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

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Individuals convicted of DUI often ask our Illinois license reinstatement attorneys when they will be eligible to obtain their full driving privileges. This question has become more and more complicated due to changes that have occurred in Illinois law over the last several years.

Generally, in order to determine an accurate eligibility date, the driver must take two factors into account: the length of the statutory summary suspension (“SSS”) and the length of the DUI revocation. The length of the SSS can be anywhere from 6-months to 3-years depending on whether the person is a first offender or second (or subsequent) offender and whether they refused chemical testing or submitted to (and failed) testing. For purposes of the SSS, a first offender is a person who has not had a prior DUI disposition within 5-years of the current arrest:

Length of SSS

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Earlier this week, Illinois enacted one of the most far-reaching cannabis legalization laws of any state in the country. The law, which becomes effective January 1, 2020, contains provisions for the expungement of cannabis-related offenses.

Over the past decades, hundreds of thousands of Illinois residents (and non-residents) have been arrested for cannabis-related offenses and, as a result, have arrest records that have affected their lives by negatively impacting their ability to gain admission to educational institutions, ability to obtain employment, secure professional licensing and in a variety of other ways. Recognizing the harm that these offenses have had on the lives of offenders, the legislature has included expungement provisions in the new legislation to wipe away the criminal records of persons for offenses occurring prior to the effective date of the new law.

The law provides for expungement by 2 different methods (1) automatic expungement which does not require any action on the part of the offender; and (2) expungement that can only be granted by a petition to the court filed by the offender or his or her attorney.

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Gov. J.B. Pritzker signed a new law today which will legalize the recreational use of cannabis beginning January 1, 2020. Many of our clients have asked if it will now be legal to smoke cannabis and drive.

What does the current DUI law say?

In Illinois, it is illegal to drive or be in physical control of a vehicle while under the influence of cannabis or with a THC concentration of 5 nanograms or more within 2 hours of driving. THC is the active metabolite of cannabis. It is the ingredient in cannabis that produces the hallucinogenic effects of the drug. The new recreational use law does not change existing Illinois DUI law. This means that, just as in the case of alcohol, the use of cannabis which causes impairment or its presence in a person’s blood above the legal limit within 2 hours of driving or being in physical control of a vehicle is still illegal, and can result in a DUI arrest.

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NOTE: WE ARE A PRIVATE LAW FIRM. THIS POST IS FOR INFORMATIONAL PURPOSES ONLY. PLEASE CONTACT THE COURTHOUSE DIRECTLY FOR ADDITIONAL INFORMATION.

How do I find criminal case or traffic ticket information in Illinois?

The individual Circuit Court clerks maintain the court records for each county throughout Illinois. Illinois does not currently have a comprehensive online system that allows you to search case information throughout the state. Each clerk’s office provides a different method for looking up case information online. While some counties have full access through their website, other counties require you to visit in-person or call the specific courthouse where your case took place in order to obtain case information. Many counties, including Cook County, are currently taking steps to expand their online access. Information related Cook County, Lake County, DuPage County and Will County is provided below.

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The Davis Law Group, P.C. is a Cook County based law firm that focuses on criminal law and DUI defense. The key to our successful client representation is a combination of an in-depth knowledge of the Illinois law and our skilled approach to negotiation and litigation of our clients’ cases in court. We combine this knowledge with a custom approach and strategy for each case, which allows us to reach the most favorable outcome for the clients that we represent.

DUI Defense Case Study – Bridgeview Courthouse

This is a case study of one such client who recently came to us facing incarceration in the Illinois Department of Corrections  after being charged with DUI. He was ultimately acquitted. The DUI defense lawyers at The Davis Law Group, P.C. defended this client at the Bridgeview Courthouse, more formally known as Cook County’s Fifth Municipal District Courthouse.  This particular DUI arrest occurred in Oak Lawn, Illinois and the case was brought to a bench trial by attorney David Mennie of The Davis Law Group, P.C.. Our legal team regularly represents clients with a variety of charges at the Bridgeview Courthouse.

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Every year, our attorneys see a variety of important changes to Illinois traffic laws. Here are a few of the new Illinois traffic-related laws effective in 2019.

1. Your first cell phone ticket will count as a moving violation. A first offense violation of the law prohibiting the use of electronic devices while driving will be charged as a moving violation. Under previous Illinois law, this offense only constituted a moving violation after a 2nd or subsequent offense. Fines under the new law are set at $75.00 – 1st offense; $100.00 – 2nd offense; $125.00 – 4th offense; and $150.00 – 4th or subsequent offense. These fines do not include mandatory fees/court costs. This law will become effective July 1, 2019.

2. You are no longer required to sign your citation in order to be released. A person who is stopped for a petty traffic offense, which includes most ordinary traffic offenses under the Illinois Vehicle Code, is no longer required to sign the citation in order to be released. Please note that petty offenses do not include more serious traffic offenses such as DUI, Driving While Revoked or Suspended, Reckless Driving, Leaving the Scene or an Accident, Drag Racing, etc. This law became effective January 1, 2019.

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Our Lake County DUI defense attorneys have an in-depth knowledge of Illinois DUI law and the ability to negotiate and litigate to secure the best possible outcome for our clients. Below is a recent case handled by the defense attorneys at The Davis Law Group, P.C. at the Waukegan Courthouse in Lake County, Illinois.

DUI Defense Case Study – Hawthorn Woods, Lake County, Illinois

The case summary below relates to a DUI arrest that occurred in Hawthorn Woods, Illinois. The case was assigned to the Waukegan Courthouse, more formally known as the 19th Judicial Circuit Court. This particular courthouse hears misdemeanor and felony cases that originate throughout Lake County, Illinois.

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Rideshare companies such as Uber and Lyft routinely disqualify potential drivers based on traffic tickets that appear on their driving records. These companies run background checks on all drivers in order to determine their eligibility when they first apply and periodically thereafter. Our traffic ticket defense attorneys are often contacted by rideshare drivers looking to clean up their Illinois driving record after finding out they have been disqualified by a rideshare company. Oftentimes, drivers don’t realize the consequences of simply paying a traffic ticket, which results in a conviction on their driving record. Fortunately, under certain circumstances, removing Illinois traffic tickets from your public driving record may be possible.

Rideshare companies have different standards for disqualifying a driver based on their driving record history:

Lyft Driving Record Requirements

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The Chicago DUI defense attorneys at The Davis Law Group, P.C. have decades of combined experience representing clients facing DUI charges as well as other traffic-related cases. Our approach combines a comprehensive knowledge of Illinois DUI law with the ability to negotiate and litigate in order to secure the most favorable outcome for our clients.

Chicago DUI Defense Case Study – Cook County, Illinois

The summary below describes a recent case handled by the DUI defense lawyers at The Davis Law Group, P.C. This specific DUI arrest occurred in the City of Chicago and was litigated at the Daley Center located in downtown Chicago. This particular courthouse is officially known as the Circuit Court of Cook County’s First Municipal District.

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Client Reviews

★★★★★
I wanted to let you know that I finally got my license back today. I want to thank you guys from the bottom of my heart. You did an amazing job and helped another person turn their life around. I will forever be indebted. Rest assured that I will refer anybody that I hear is in trouble to you guys. Thank you again. All the best.
★★★★★
I want to extend my sincere gratitude for the success in getting my charges reduced. It has been a rather traumatic experience for me. Though I try to keep an optimistic outlook, it didn't seem possible. But you guys pulled it off and I couldn't be more grateful. This has been a great weight lifted off my shoulders. D.F.
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I would like to take this time to thank you for a job well done. I received my full reinstatement documents today for full driving privileges. This took me by surprise. I did not expect to see the results this fast. I just want to say that I am blessed to have a very good lawyer like yourself to guide me through the process... I am very grateful. You're the best. Thanks again. G.B.
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My special thanks for your help, guidance, and support during a most difficult time. You came recommended as "the best" and you lived up to your reputation! I wish you a lovely holiday season and a new year of challenges overcome, new joys experienced, and much fulfillment realized. All good thoughts your way. S.S.
★★★★★
I am very grateful for your work and representation. Although it is difficult for me to truly express my gratitude through e-mail, I hope you can still understand how thankful I am that we were able to dismiss my case on the first court date. I am very pleased with the outcome. Again, thank you very much for your time. Please enjoy the rest of your week. D.K.
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Contact Information
Northfield Office (Main Office)
191 Waukegan Rd
#305
Northfield, IL 60093
Main: (847) 390-8500Fax: (847) 390-8100
Chicago Office
420 W Huron St
#212
Chicago, IL 60654
Phone: (312) 736-2052
We serve the following localities: Cook County including Chicago, Rolling Meadows, Skokie, Bridgeview, Maywood, and Markham; Lake County including Waukegan, Mundelein, Park City, and Round Lake Beach; DuPage County including Wheaton, Addison, Downers Grove, and Glendale Heights; and Will County including Joliet and Bolingbrook.
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