CAN I DRIVE AFTER A SECOND DUI ARREST IN ILLINOIS?

The answer is perhaps.

After a DUI arrest, the Illinois Secretary of State automatically suspends your driver’s license on the 45^th day after your arrest.  You may be able to  overturn this suspension, however, even if it’s your second or later DUI.

An attorney can file a petition to rescind the suspension with the court.  Your chances of winning  are better if you act promptly.  The state must meet a certain deadline.  If they cannot, 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.  You may still be eligible for a Breath Activated Ignition Interlock Device (BAIID) if it has been at least five years since your sentence ended on your last DUI.  If it has been less than five years, you can apply for a hardship permit from the Secretary of State, but this is very rarely granted.  It was once possible to get a judicial driving permit, but this is no longer available in Illinois.

A BAIID requires you to blow into the device to drive your car. While somewhat embarrassing and expensive, it allows you to drive freely unless you have been drinking.  Be aware that the device reports violations, so if you do drink and drive, you can lose your driving privileges altogether.  And you can get into even bigger trouble, if you try to get around the device by driving someone else’s car.

If you have been charged with DUI or a similar offense, contact an experienced attorney immediately.  An attorney can review your case for its best possible defense.  Did police have probable cause to stop you?  If not, an attorney can petition the judge to suppress the evidence from the stop.  Can the state prove all the elements of the offense beyond a reasonable doubt?  An attorney can spot weaknesses in the state’s case.

Even if the police acted legally and the evidence 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.

(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.)