If you are charged with DUI, you should immediately contact an attorney because certain options to fight the automatic suspension of your driver’s license may only be available for a short time after your arrest.
The Illinois Secretary of State automatically suspends your driver’s license on the 45th day after your DUI arrest for a minimum of six months. An attorney can file a petition to challenge this suspension at any time. However, the sooner you file the petition the better, because the state has to meet certain timeframes.
Under 625 ILCS 5/2-118.1, you must be given a hearing on your petition within 30 days after the petition is received or on the first court appearance date. If an attorney files the petition promptly and the state is not ready for hearing, the judge could grant your petition.
The state must also provide copies of any evidence against you in time for the hearing or again, the judge could grant your petition. Any delay in obtaining the evidence must be attributable to the state and not to you, so you cannot delay in filing the paperwork and then object if the state isn’t ready.
Even if you don’t file your petition promptly, you may still be able to challenge your suspension, but under a much heavier burden.
If you have been charged with DUI or a similar offense, contact an experienced DUI attorney immediately. An attorney can file the necessary paperwork in hopes of overturning your driver’s license suspension. While you may be able to drive with a breath activated ignition interlock device, this can be both embarrassing and costly.
If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email firstname.lastname@example.org.
Reference: People v. Patel.
(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)