You made the mistake of driving under the influence like thousands of other people. You swerved into the other lane and caused an accident. The other party sustained injuries and you were arrested on the suspicion of a DUI. What do you do now? How can you avoid a DUI charge? Can you retain your driving privileges?
Continue reading to learn everything you need to know about avoiding a DUI license suspension in Naperville, IL.
How to Avoid a DUI Charge
First and foremost, the most obvious way to avoid getting charged with a DUI is not drinking and driving in the first place. By deciding to get behind the wheel, you jeopardize your life and the lives of those around you.
However, we're human beings and we make mistakes when we are inebriated. You may avoid getting a DUI charge by refusing a breathalyzer test when you get pulled over, though it may not help you avoid the suspension of your driver's license. Each of the following has several risks associated with it.
If you decide to submit to a breathalyzer and you blow below a .08% BAC, you most likely will not be convicted of a DUI.
If you decide to submit to a breathalyzer and you blow above a .08% BAC, you will end up with a DUI charge and a six-month suspension in most circumstances.
If you refuse to submit to a test, your license will be automatically suspended for 12 months, but it is possible to get it back when the suspension is over. This may make it difficult to make DUI charges stick when you get your day in court, which means that you also have a lesser chance of having your license revoked long-term.
However, Illinois is an implied consent state. This means that by utilizing your driving privileges, you consent to have a breath, blood, or urine test performed to determine whether you are under the influence of alcohol or other drugs when driving.
Is it Possible to Avoid DUI License Suspension?
Though your license is suspended temporarily upon getting arrested under suspicion of driving under the influence, it's possible to avoid the long-term suspension. In fact, this is a common goal among those facing DUI charges.
For first-time offenders, you face a 6-month suspension for blowing over. This automatically becomes 12 months if you refuse a breathalyzer test when arrested on suspicion of driving under the influence.
For repeat-offenders, the suspension can potentially increase to a 12 month period for a failed breathalyzer test. This becomes 36 months for those who refuse to take the test.
Even if you are unable to avoid a DUI license suspension, there is a chance that you can get it back once the suspension is lifted.
How to Avoid DUI License Suspension
After being arrested for a DUI, you can request a hearing before the court. You can avoid a DUI license suspension by winning your \hearing and avoiding a conviction through the judicial system.
The suspension hearing checks for three things:
- Did the police officer have probable cause for pulling you over under suspicion of a DUI?
- Did the police officer perform a lawful arrest?
- Was your BAC .08% at the time of your arrest?
Avoiding an alcohol-related conviction can help you to avoid a license revocation. This means that taking reduced charges or challenging the evidence can prevent you from getting convicted of a DUI.
Usually, when arrested for a DUI, the first concern of the arrested person is the revocation of their driving privileges.
First-time offenders might be able to keep their licenses with restrictions. This means that after 30 days of suspension, you can apply for a Monitoring Device Driving Permit (MDDP). When you have this type of permit, you're required to use a Breath Alcohol Ignition Interlock Device (BAIID). Multiple or repeat offenses make retaining your driving privileges more difficult.
Hire a DUI Attorney Today
If you are facing DUI charges, it's important to consult with a DUI attorney. A DUI attorney will be able to explain all of Illinois' laws regarding license suspension and getting your driving privileges reinstated.
Representation from an experienced DUI attorney can make a world of difference in the outcome of your DUI case while representing yourself can increase your chances of being convicted of a DUI.
Contact the Law Offices of John M. Quinn and Associates today to get legal help in avoiding a DUI license suspension or revocation. We're standing by to assist you in reinstating your Illinois driver's license.