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  • I HAVE BEEN PULLED OVER FOR DUI/DWI. WHAT SHOULD I DO?
  • This an area of wide debate. Some attorneys say take the tests and others say do not. You have to weigh the plusses and minuses. In Illinois, if you are a first offender and do not take the breath test or field sobriety tests, you will have your license suspended for six (6) months. If you take the test and fail, you will be suspended for three (3) months. If you are a second time offender, and refuse to take the tests and fail, you will be suspended for one (1) year minimum.
    For first offenders, I recommend only taking the tests if you KNOW you are going to pass. As I said earlier, if you refuse, you will be suspended an additional three (3) months, but you may make it harder for you to be convicted for DUI/DWI.
  • If you are a second time offender, and refuse to take the tests and fail, you will be suspended for one (1) year minimum. A second offender who refuses to take the tests will be suspended for three (3) years minimum.
    If you are a second time offender, I would generally recommend taking the tests as you are risking an extra two years of suspension if you refuse.
  • If you are placed under arrest do not "volunteer" anything or "explain" anything. Be polite and simply say,"I am not saying anything until my attorney is present." More people dig themselves into a huge hole trying to talk their way out of an arrest.
  • DUI/DWI is a very serious matter. It is a Class A Misdemeanor which means the potential penalties are a fine of $2500 and 364 days in the county jail. You may also lose your driving privledges for one (1) year.
A GUIDE TO THE ILLINOIS DUI EVALUATION PROCESS
Any one arrested for driving under the influence of alcohol and/or other drugs (DUI/DWI) must undergo an alcohol and drug evaluation before a judicial driving permit (JDP) can be granted by the Court, sentencing can occur for the DUI offense, or restricted or full driving privileges can be granted by the Office of the Secretary of State.

The purpose of the evaluation is to determine the extent of the motorist’s alcohol and/or drug use and its associated risk to current or future public safety. The following areas are reviewed: the motorist’s driving history, chemical test results (BAC), Objective Test score and category, and the interview with an evaluator.

The focus of the interview is past and current alcohol and drug use, as it relates to your driving history. Motorist responses are checked against the driving record, the Objective Test score, the results of chemical testing, and possibly other corroborative sources.

Inconsistencies must be reconciled between the motorist and evaluator. If not, the evaluation will have no validity and could result in the following:

Denial of driving privileges by either the Court or the Office of the Secretary of State.

Requests by the Court or the Office of the Secretary of State to have the motorist undergo another evaluation at the motorist’s expense.

Delay of sentencing for the DUI or a delay in consideration for judicial driving privileges by the Court or restricted or full driving privileges by the Office of the Secretary of State.

Here is what you are required to bring to your evaluation:

1) TICKETS-Police reports, court orders, and/or any information pertaining to the arrest.

2) NOTICE OF SUMMARY SUSPENSION – This indicates the chemical test result (BAC) or refusal to submit to chemical testing.

3) LAB RESULTS – If any blood or urine testing was done at a hospital or facility on day of arrest, lab results must be provided.

4) OUT OF STATE DRIVING ABSTRACT – If you lived and/or had a license in another state, a driving record will be required from that state.

5) MEDICATIONS-Name of any medications that were taken at the time of arrest or presently.

6) PRIOR TREATMENT INFORMATION- This includes assessments, discharge summaries, diagnosis, etc…. from any treatment agency as a result of any mental illness and/or substance abuse.

7) EVALUATION FEE- The amount can vary from provider to provider. A discounted fee can be assessed if you can prove and qualify for indigence.

8) COURT RECORDS- Some testing facilities may require you to know your various court dates.

MAKE SURE THAT THE FACILITY YOU CHOOSE IS LICENSED BY THE STATE OF ILLINOIS. IF IT IS NOT, YOU WILL HAVE TO BE REEVALUATED AT ONE THAT IS.