eing charged with a DUI can have a significant impact on a person's life. Even for a first time offender, the consequences can be severe and may include up to a 12 month suspension of one's driving privileges, a $2500 fine, and up to one year in jail. Further, if you are convicted of a DUI, even as a first offender, your driving privileges will be revoked. A first offender can also be charged with a felony if that person causes serious bodily harm or death during the commission of the DUI. In 2006, the Secretary of State also made it a felony, even for first offenders, if the person did not have a valid driver's license or was driving without insurance while driving under the influence. Felony DUI'S are punishable by one year or more in jail. 

Penalties for DUI in Illinois vary depending upon the circumstances of the arrest and conviction, including age of the driver, driver’s BAC level, whether children were being transported and whether the driver had previous DUI convictions.  For more information on the penalties for a DUI conviction click on Illinois Secretary of State 2010 DUI Fact Book (See Pages 10-13).

At the Law Offices of Howard J. Wise & Associates, our attorneys have a thorough understanding of Illinois DUI laws and know how to challenge Blood Alcohol Concentration (BAC) results, field sobriety tests, probable cause for the arrest, and breathalyzer results. Our attorneys have years of experience handling DUI'S throughout Illinois and have handled thousands of DUI cases. Attorney Howard J. Wise was a lead prosecutor in the Chicago Traffic Court and ran one of the busiest DUI courtrooms in Cook County. As a prosecutor he handled hundreds of DUI cases each month. Further, he has defended hundreds of DUI'S during his career as a defense attorney.

Hiring an attorney early is very important when you receive a DUI. The Secretary of State will suspend your driver’s license 46 days from the notice date of the suspension (usually the date that you were arrested). If you retain the Law Offices of Howard J. Wise & Associates, we will file a Petition to Rescind Statutory Summary Suspension on your behalf and possibly prevent the suspension of your driving privileges.   The earlier that we file the paperwork for a hearing the better the chances of beating your suspension will be.

Statutory Summary Suspension:

A Statutory Summary Suspension is an administrative procedure providing for the automatic driver’s license suspension of a driver arrested for DUI/DWI who fails chemical testing (a test showing a BAC of .08 percent or more or any amount of cannabis, controlled substance or intoxicating compound) or who refuses to submit to or fails to complete testing.

Statutory Summary Suspensions are automatic, effective the 46th day from the notice date of the suspension.  A driver may request a judicial hearing to challenge a summary suspension within 90 days after the notice date.  The hearing must be conducted within 30 days of the request or on the first court date scheduled to consider the criminal charges.  During the hearing the judge listens to the evidence and decides:

1. Whether the person was properly placed under arrest for an offense as defined in 625 ILCS 5/11-501 of the Illinois vehicle Code (Driving Under the Influence of Alcohol/Drugs) or a similar provision of a local ordinance.
   
   
2. Whether the arresting officer had reasonable grounds to believe at the time of the arrest that the person was driving or in physical control of the vehicle while under the influence of alcohol and/or other drugs, or a combination thereof.
   
   
3. Whether the person was properly warned by the arresting officer as provided in 625 ILCS 5/11-501.1 of the Illinois Vehicle Code.
   
   
4. Whether the person refused to submit and/or complete the required chemical tests or tests, pursuant to 625 ILCS 5/11-501.1(d) of the Illinois Vehicle Code, upon the request of the arresting officer.
   
   
5. Whether the person submitted to the chemical test and or tests but the sample of his/her blood alcohol concentration did not indicate a blood alcohol concentration of .08 or more.

Statutory Summary Suspension Penalties:

Offense	Loss of Driving Privileges	Driving Permit
Failing Chemical Testing, First Offense	6 Months	Eligible for MDDP on 31st day of suspension
Refusing to Submit to Chemical Testing, First Offense	12 Months	Eligible for MDDP on 31st day of suspension
Failing Chemical Testing, Second or Subsequent Offense Within 5 Years	12 Months	Not eligible for MDDP; not eligible for RDP
Refusing to Submit to Chemical Testing, Second or Subsequent Offense Within 5 Years	36 Months	Not eligible for MDDP; not eligible for RDP

NOTE:  If a Commercial Driver’s License (CDL) holder receives a Statutory Summary           Suspension, his/her CDL privileges will be disqualified for 12 months if a first offender and lifetime disqualification for a second offender. 

At the Law Offices of Howard J. Wise & Associates we have successfully defended thousands of DUI clients and prevented the suspension of their driving privileges. If we cannot beat your suspension, and you are eligible, we will obtain a monitoring device driving permit (MDDP) for you.

Monitoring Device Driving Permit (MDDP):

As a first time DUI offender in Illinois, you may be eligible for driving relief during your Statutory Summary Suspension (SSS) after the 31st day from the effective date. You are eligible to receive a Monitoring Device Driving Permit (MDDP) from the secretary of state. This permit will allow you to drive to any location at anytime during your suspension with the requirement that you drive a car equipped with a Breath Alcohol Ignition Interlock Device (BAIID). You may opt to not participate in the BAIID program, but you will not be eligible for any other driving relief during your SSS. If you opt out of the program and are subsequently caught driving during your SSS, you will be guilty of a class 4 felony.

Ineligibility

• You are ineligible for an MDDP if your driver’s license was otherwise invalid at the time of the DUI arrest
• You are ineligible for an MDDP if death or great bodily harm resulted from this DUI arrest
• You are ineligible for an MDDP if you have previously been convicted of reckless homicide or aggravated DUI, which resulted in a death
• A MDDP will not allow a CDL holder to operate a CMV during the SSS
• If you failed a chemical test or refused a chemical test for DUI in the past 5 years (not including this arrest)
• if you are under age 18 years old.

Restrictions

• MDDP will not be effective until the 31st day of your SSS
• You will be required to use an Illinois certified BAIID provider to install/monitor a BAIID on any vehicle you will be driving during your SSS
• If you are found driving a car without a BAIID during the SSS you will be guilty of a class 4 felony

Exemptions

• If you will need to drive employer owned vehicles during the course of your work hours and the car is not specifically assigned to you, you may be eligible for a work exemption for the driving you do on work hours
• If you believe you are eligible for this exemption, please bring your employers name, address, and phone number with you to court so that the Illinois Secretary of State can contact them for verification

How do I get an MDDP?
At your court appearance, inform the Judge of your desire to obtain an MDDP. You will then fill out an application, which will be forwarded to the Illinois Secretary of State’s office for processing. After the Secretary of State receives your application your records will be reviewed for eligibility. If you are eligible and have paid all of the fees, your MDDP will be issued.

How long will it take?
You are not eligible to receive an MDDP until the 31st day of your SSS. The Secretary of State will issue the MDDPs as efficiently as possible.

How does the program work?
Once your MDDP is issued, you will have 14 days to have a BAIID installed on any and all cars you wish to drive during your SSS.

From the date it is installed, the BAIID will be read once every 60 days. However, if the BAIID detects an accumulation of 5 violations, your machine will be recalled early for monitoring. The Secretary of State’s office will evaluate the results and determine if there have been any violations of the program during that monitoring period. If no violations are detected, no further action will be taken. If there are violations, the Secretary of State will send a letter giving you an opportunity to explain the violation. If you do not respond to this request or your explanation is deemed insufficient, your SSS may be extended for an additional 3 months and you will submit to monitoring every 30 days and/or your MDDP may be cancelled.

Can the Judge deny me the MDDP?
No, unless you are deemed ineligible by the criteria listed above.

How much does the MDDP program cost?
Cost will depend on the length of your SSS. You will be required to pay a $30 per month non-refundable, monitoring fee to the Illinois Secretary of State for the length of the MDDP. This fee will be paid in full, upfront before the MDDP is issued.

For the actual device, you will have to pay an installation fee, monthly rental fees, and calibration fees. All of these expenses are worked out with the Illinois Certified BAIID provider of your choosing.

An indigent fund is available to assist in the cost of the BAIID if the offender is found to be indigent by the courts.

What if I decide I don’t want to be in the program anymore?
If you decide that you no longer wish to drive during the remainder of your SSS, you can opt out of the program at any time. You will need to surrender your MDDP to the Illinois Secretary of State, upon which you will be given authorization to have the BAIID removed from your vehicle(s).

If you opt out of the program and are subsequently caught driving during your SSS, you will be guilty of a class 4 felony.

How can I find out about the Illinois certified BAIID providers and their installation sites?
BAIID installation sites are located statewide. View the BAIID Program to view all the providers and their installation sites. If you do not have access to the Internet, please call (217) 524-0660 to request a listing by county.

When and where can I drive with the MDDP?
You are not restricted by time or distance in anyway. You are allowed to drive 24 hours a day, 7 days a week to any location as long as you have a BAIID installed on the vehicle you are driving.

Do I qualify for a work exemption?
The work exemption is only for employer-owned vehicles that you drive through the course of your workday. In that case, you would be allowed to drive these employer owned vehicles during work hours without the BAIID installed. However, if the car is assigned specifically to you and you take the car home at night, then you would not be eligible for the work exemption.

If you drive your own car to and from work, but then drive employer vehicles during work, then you would be allowed the exemption for the work-related vehicles. However, your personal vehicle would need to be equipped with the BAIID.

 

 For a free case analysis, please fill out the contact form on the right hand side of this page or call our office immediately. We will aggressively fight your DUI and try to prevent the suspension or revocation of your driving privileges.

DON'T RISK YOUR FUTURE!  LET US PUT OUR EXPERIENCE AND KNOWLEDGE OF THE SYSTEM TO WORK FOR YOU!

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OUR 24-HOUR PHONE NUMBER IS (312) 346-4555

Helpful Links

Illinois Secretary of State 2010 DUI Fact Book

DUI - The Sobering Truth

Driver's License Reinstatement Information

The Law Offices of Howard J. Wise & Associates represents clients throughout Illinois, including Cook County, DuPage County, Lake County, Kane County, Will County, including all courtrooms located in Chicago, Skokie, Rolling Meadows, Maywood, Bridgeview, Markham, Addison, Downer’s Grove, Glendale Heights, Wheaton, Lakehurst, Lindenhurst, Mundelein, Waukegan, Elgin, St. Charles, Joliet, and surrounding areas.

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The information on this website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.