The Law Offices of William Margolin

What Are The Top Misconceptions About A DUI Arrest?


Misconceptions vary from, in particular, how many DUIs you have had in the past. So on a first DUI, the biggest misconception is that people think they are going to end up with a conviction, and it is going to go on their record and everyone know about it. An individual, absent any aggravating factors, are not looking at a conviction, they are not looking at it going on your Illinois driving record. There are two driving records in the state of Illinois. One is a general public type of driving abstract or driving record, and that is for your employer, and your insurance company. That is for people who do credit scores, or check into your background. That is not for law enforcement.

They have a separate type of driving record called a Court Purposes Driving Record. That is for anything dealing with the courts along with the federal government, if you are going for some sort of top-secret clearance, military, or any type of sensitive job. That is available for law enforcement and governmental agencies only. In regards to your general public driving record, a DUI supervision, which as I mentioned earlier, is a non-conviction. It does not go on that record. When your employer or your credit agency scans your record, they are going to be scanning the general public record it will not show up.

However, on the other driving record, the court does show your records, because as I mentioned earlier, you are entitled to get supervision once in your life. On the first DUI, we are going to keep it off your record, and you are not going to end up with a conviction. That is called supervision. You are entitled to that once in a lifetime. Therefore, if you make a mistake at a young age and then you get another DUI when you are older, it does not matter. You cannot get supervision again, which means you must receive a conviction, a conviction would revoke, or permanently remove your license. You would have to go through the process of doing the hearing in front of the secretary of state.

In that regards, it would not show up on your general public record, but it would show up on your driving abstract for court purposes. That is how law enforcement makes sure that they have not used up your supervision earlier, or they know you have had supervision earlier. The prosecutor or the judge cannot give you supervision again for a conviction on a second or subsequent DUI. The biggest misconception is that people think they are automatically going to receive a conviction with all that goes with that. That is clearly not the case. Sometimes, people come into my office because they feel they are going to jail on a first time DUI, absent any aggravating factors, you do not go to jail for that.

What Are Some Mistakes People Make After They Have Been Arrested For A DUI?

The biggest one is just waiting; there are two parts to the case, criminal, and civil, the civil part of the case deals with this suspension. A suspension is going to start forty-six days after the date of your arrest. Many times, people will have a question as to why forty-six days, I have no idea. The state legislature here in Illinois decided forty-six days was enough time for you to hire an attorney, have your attorney file papers to challenge the validity of that pending suspension, that is called due process of law. Due process says that before the government can penalize you, whether it is take your children while you are deported, or take your driver’s license away, and incarcerate you, you have to have the ability to contest that particular governmental action.

They came up with forty-six days as sufficient amount of time for you to challenge the validity of that suspension before it goes into effect. The biggest common mistake people have is they wait until last minute to hire an attorney before their court date. If the officer gives you a court date forty days after the date of your arrest, and you hire an attorney on day thirty-eight, you only have about seven days before your license is going to be suspended. Therefore, even if you had a very diligent attorney to file the papers, and get the suspension thrown out, the judge would not be able to give you a hearing until probably another two to three weeks.

Meanwhile, your suspension has already begun, therefore, your attorney is challenging a suspension that already began versus if you went into the attorney’s office earlier, and he filed the appropriate paperwork. The challenge to the suspension would have occurred weeks before the suspension began, and you would not be in a bind of not having a license. I would say that is the number one mistake people make in regards to DUIs.

For more information on Misconceptions About A DUI Arrest, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (847) 623-2424 today.

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