Being convicted of driving under the influence can have serious consequences, making it especially important for those who have been arrested for DUI to speak with an experienced Romeoville DUI attorney who can help them start working on a defense as soon as possible.
Police officers are required to comply with certain rules when they arrest someone for driving under the influence of drugs or alcohol. For instance, officers can only stop cars for the following reasons:
If an officer stops a vehicle for one of these reasons, he or she will then request a driver’s license, proof of insurance, and registration. At this point, the officer will observe the driver for signs of intoxication, such as slurred speech, red eyes, or a smell of alcohol or marijuana. If the officer suspects that a driver is under the influence, he or she will be asked to submit to a series of field sobriety tests. When drivers fail these tests, they can be placed under arrest and asked to submit to chemical testing at a station. Drivers who refuse to complete chemical testing will automatically have their licenses suspended.
Drivers that have a BAC of more than .05, but less than .08, or THC of less than five nanograms in their blood or less than ten nanograms in their urine, but have no actual drugs in their body will not receive an automatic statutory summary suspension of their driver’s license. That being said, the DUI charge will remain in place.
If, on the other hand, the results reveal a BAC of .08 or more, a THC of five nanograms or more in their blood or ten or more nanograms in their urine, or any amount of a drug other than marijuana, drivers will receive a statutory summary suspension of their driver’s license, although they will usually be permitted to drive for the first 45 days after the arrest. On the 46th day, the statutory summary suspension kicks in and the driver will be prohibited from operating a vehicle. These suspensions are separate from criminal penalties and are instead considered an administrative sanction.
Having a suspended driver’s license can make it difficult, if not impossible, to retain employment or perform other necessary daily activities, such as picking up children from school. For these reasons, first time DUI offenders can apply for a Monitoring Device Driving Permit (MDDP), which if granted, allows them to drive during the suspension period. However, the driver must agree to having a Breath Alcohol Ignition Interlock Device (BAIDD) installed in their vehicle while their license is suspended.
Not all drivers are eligible for MDDPs, including drivers under the age of 18 years old and those who hold commercial driver’s licenses. Fortunately, these individuals can still apply for a Restricted Driving Permit (RDP), which requires proof that:
If an RDP is granted, the recipient can drive on a limited basis.
Please contact the legal team at Sabuco, Beck, Hansen & Massino, P.C. by calling 815-730-8860 to speak with an experienced Romeoville DUI attorney who can evaluate your case and explain your legal options.
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