CAN I DRIVE AFTER A FIRST TIME DUI ARREST IN ILLINOIS?

The answer is probably yes.

After a DUI arrest, the Illinois Secretary of State issues the automatic suspension of your driver’s license on the 46^th day after your arrest.  If this is your first DUI, the suspension can last six months if you took a breathalyzer or a year if you didn’t.  You have the opportunity to have this suspension overturned.  An attorney can file a petition to overturn the suspension.  Your chances of winning in court are better if you act promptly.  The state has to comply with a certain deadline.  If they are not ready on time, you could win your petition automatically.  Note that winning the petition does not mean the end of the DUI.

But let’s say you hired an attorney too late, or the judge denied your petition.  What then?  You may still be eligible for a Breath Activated Ignition Interlock Device (BAIID).  You must then blow into the device in order to drive the car. While somewhat embarrassing and expensive, the device enables you to drive freely unless you have been drinking.

Be aware that the device reports violations, so if you do violate the device, you can lose your driving privileges altogether.  Also be aware that you can get into bigger trouble if you drive someone else’s car in order to get around the BAIID.

Once the statutory suspension period is over, you must apply to the Secretary of State before you can resume driving without a BAIID.  This usually means you have to pay a fee.

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.

(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.)