Sami Azhari, Attorney at Law
Many people are confused about the difference between a summary suspension and supervision. The two may sound alike, but they are very different. A summary suspension concerns your driver’s license. Your license to drive is suspended usually 46 days after an arrest for driving under the influence. The suspension is called a statutory summary suspension. […]
The Illinois Criminal Justice Information Authority is a state agency that studies our court system closely. From time to time, I read the summaries on their site. They have been tracking the increasing frequency of probationary sentences for driving under the influence and other vehicle code offenses. Their statistical survey proves that judges are cracking […]
If the defendant prevails in the hearing on the petition to rescind statutory summary suspension, the judge will sign an order directing the Secretary of State to rescind the suspension. The clerk in that courtroom will follow up with the Secretary of State after the court call has concluded. But this takes time. The clerk […]
The state legislature has amended the DUI statutes in 2011 and established additional civil penalties for people accused of driving under the influence. The law in Illinois up to 2010 provided that if a person was involved in a motor vehicle accident that resulted in personal injury or death, the police were allowed to draw […]
A second arrest for driving under the influence carries additional penalties for a person’s driving privileges. First, the statutory summary suspension will take effect 46 days after the date of arrest. If the person has either a DUI or summary suspension in the last 5 years, then that person is not a ‘first offender’ for […]
An arrest for driving under the influence has two consequences on a person’s driving privileges under Illinois law. First, his driver’s license will be suspended 46 days after the date of arrest based on either 1) a breath alcohol concentration of 0.08 or more, or 2) a refusal to take the breathalyzer test. The suspension […]
When a person is arrested for driving under the influence in Illinois, the arresting officer will ask him to submit to a chemical test. The most common form of test is a breathalyzer at the police station. If the machine shows a breath alcohol concentration of 0.08 or more, then that person is over the […]
A Monitoring Device Driving Permit (MDDP) is available to first offenders during the summary suspension. Generally, the qualifications for an MDDP are that the person has had no DUIs or summary suspensions in the last 5 years, did not cause great bodily harm in the commission of the present offense, has never been convicted of […]
A violation of the rules for the Monitoring Device Driving Permit (MDDP) can cause the Secretary of State to take adverse action against that person’s driving privileges. The Secretary of State can extend the summary suspension, cancel the permit all together, and even require the driver to obtain a restricted driving permit after the summary […]
The Monitoring Device Driving Permit (MDDP) that is available for first offenders is subject to certain terms and conditions. These rules apply to all permitees, regardless of the individual circumstances of their case. For example, a person whose driver’s license is suspended for a positive urine test for cannabis or a controlled substance must used […]
- by Sami Azhari, DUI Lawyer
