The Law Offices of William Margolin

Is The Driver’s License Confiscated Immediately Upon A DUI Arrest?


As mentioned to you before, no, your license is not confiscated. Forty-six days after the date of the arrest, you are eligible. If your attorney cannot get your suspension thrown out as we talked about earlier after filing the appropriate paperwork to challenge the validity of that suspension, your license becomes invalid, or suspended on day forty-six. You are eligible as a first time offender to have the BAIT device, the breathalyzer machine attached to the ignition of your car, and then you can drive for the entire timeframe of that suspension, as long as you are driving the vehicle that has the machine installed. If they have issued you a machine, and you have been authorized to put the machine in your car, and drive during the period of that suspension, and you are caught driving another vehicle you are looking at a mandatory class IV felony.

That can turn a bad situation into something a worse, because not only are you looking at a felony conviction, but also if guilty, then you are looking at jail time. In addition, they are going to revoke, or cancel that permit that you had when you did not have the machine in your vehicle. You are going to double the suspension from previous charges. Six months now turns into one year, and you do not have a permit, or a machine. One year turns into two years. It is something they are trying to hammer home, that if we are going to give you the ability to drive the entire time of that suspension, you must drive the car that has the machine, and if you get caught driving without it, then the sanctions are severe.

What Happens If Someone Refuses A Chemical Test In Illinois?

If someone refuses a chemical test, it all depends whether you are first time offender. In the civil part of the case, they only go back five years, in the criminal part of the case, the part that says you can go to jail, if you had an earlier DUI supervision, you cannot get one again. They go back to the day you were born. So the criminal part, can go back hundred years; civil part, they go back five. In a civil part, if you refuse to blow into the machine within five years, it is a three-year suspension. If it is within five years of the first DUI, and if you refuse, it is a three-year suspension, and that is for a second time, first time, or as we talked about before, it is a six-month suspension. If you blow, and you are a first time offender, which means you have had no DUIs within five years, it is a six-month suspension. If you refuse, it is one-year.

What Is The Ignition Interlock Device?

You are only required to have an ignition interlock device if in fact you have an active suspension, or a DUI suspension. Therefore, if you do not have a suspension against you during a period of a DUI case, and your attorney files the appropriate paperwork, the suspension is thrown out. The civil part of the case has now ceased to exist, but you still have the criminal DUI case pending, and you are not required to have a machine in your vehicle, because you have no suspension. Nevertheless, if you have the suspension that is DUI related, you are required to have the machine in your vehicle, and drive that vehicle.

What Factors Can Enhance Or Aggravate A DUI Charge?

Sheer numbers of DUIs and severity of a pending DUI can enhance your charges. So, even though it is a first time DUI, if God forbid you seriously hurt, or kill somebody, and then all of a sudden, it is going to turn from a regular class A misdemeanor up to a severe felony type case, and clearly second, third, fourth, or fifth DUIs. Every DUI you get increases a DUI under Illinois law, a third DUI, or above is considered an aggravating DUI. And aggravating means a felony DUI.

What Are The Potential Penalties For A DUI Conviction In Illinois?

The penalties could be all over the place, but you do not serve jail time for your first or second DUI, because there are public service options for those. However, you are looking at jail time even though the law says you get public service on a third DUI, anything above that, you are looking at some amount of jail, if not penitentiary time. Depending on how many DUIs you have, your second DUI, you are looking at your license being revoked, or permanently taken away. You have to do a hearing in front of the secretary of state, and the amount of alcohol schooling you are going to have to attend goes up proportionately based on every DUI you have obtained. Those are generally the penalties for the different number of DUIs that one might have.

Are There Any Alternative Programs Available For First Time DUI Offenders?

None of those is applicable for alternative programs other than possibly of public service or community service, and the interlock device for first time DUI. You are not going to have to go to jail in the state of Illinois, in particular, Lake County, Illinois. That is not going to happen to you for first time DUI. You will not be placed on home detention for a first time DUI. The only time you are ever going to have to do community service as a first time DUI is if you submit to a chemical test, blow into the machine, submit to a blood test, and your alcohol concentration is above a 0.16%. The Illinois state statute mandates that you do one-hundred hours of community service.

Community service is defined as working for a non-profit organization. You cannot be paid for it; it will be equivalent for working at a soup kitchen. It could be working at a shelter for animals, or it could be working at your park, but as long as you are not being paid, and it is a non-profit organization, you are good to go.

What Sets Your Firm Apart In Handling DUI Cases?

I have been doing this now for twenty-nine years. I was a state attorney, and I prosecuted thousands of DUI cases. Everything from first time DUIs up to the most severe type of DUIs, which are reckless homicides, DUIs where people were killed, or people having their fifth, sixth, or even seventh DUI. Like I said, I prosecuted those cases for many years. Now, for the last twenty-four years, I now defend the same cases I used to prosecute, and I have defended thousands of cases, both first time DUIs all the way up to the most severe type.

In addition to that, I do a lot of work in front of the Illinois secretary of state, and I have done thousands of hearings in front of the secretary of state trying to get people whose license were revoked, because of earlier, and multiple DUIs. What sets me apart is the number of years I was doing this, and the fact that I was on both sides of the equation, prosecuting, and defending these cases. My understanding of what the ramifications are for these drivers will help their cases.

For more information on License Confiscation in Illinois, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (847) 623-2424today.

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