AGGRAVATED DUI WITHOUT A DRIVER’S LICENSE

In Illinois, a simple DUI can become an aggravated offense if your license is not in order.  There are two ways that this can happen:

• Your license was revoked or suspended because you have a prior DUI, reckless homicide or failure to stop after a crash or you have a statutory summary suspension from the Secretary of State.  (625 ILCS 5/11-501(d)(1)(G).)
• You don’t have a driver’s license or related permit. (625 ILCS 5/11-501(d)(1)(H).)

Let’s say you have a driver’s license, but for one reason or another, it’s expired. Maybe you didn’t pay child support.  Or you didn’t pay some traffic ticket fines.  Can you still be charged with aggravated DUI?   According to recent Illinois case law, the answer is no.  Your license need not be valid or current as long as it is not revoked or suspended for the offenses listed above.

If you have been charged with DUI, contact an experienced DUI attorney immediately. An attorney can review your case for its best possible defense.  Did the police have probable cause to stop you? Can the state prove all the elements of your offense beyond a reasonable doubt?  Is your license suspended for a reason other than the listed offenses?  Did you take field sobriety tests?  Is there a video?  Does your driving look impaired?  Even if police acted legally and the evidence against you is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a more favorable plea agreement than you could on your own.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

Reference:   People v. Cruz-Aguilar.

(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.)