After you've been arrested for DUI, one of your greatest challenges will be dealing with your DUI Driver's License Suspension. Chicago Driver's License Revocation Attorney Michael P. Schmiege will put his experience and knowledge of DUI Defenses to work for you to protect your driving privileges. His legal skill could help you keep your driver's license after a DUI charge.
There are steps that Illinois DUI Driver's License Suspension Lawyer Michael Schmiege can take immediately to safeguard your driving privileges. Don't risk losing your Illinois driver's license by delay. Call or email Michael Schmiege today for your FREE case evaluation legal consultation today. Your initial consultation is always free and without obligation. Get in touch with Chicago Driver's License Revocation Defense Attorney Michael Schmiege today about your suspended driver's license or DUI case. He wants to hear about your situation to see how he can help you.
Your Implied Consent: You should know that under Illinois law, when a person drives in Illinois, that driving is understood to imply the driver's consent to be tested for blood alcohol content (BAC) if an officer stops the driver on suspicion of DUI.
Your Decision to Take the Breathalyzer Test or to Refuse to Take It: Illinois DUI Driver's License Suspension Lawyers would caution that if you refuse to take the Breathalyzer test, your driver's license will be automatically suspended for 12 months (one year). If you take the test and fail it, your license will be automatically suspended for six months. On a second DUI offense, your driving privileges will be suspended for three years if you refuse to take the test. But it will only be suspended for one year (12 months) if you take the Breathalyzer test and fail it.
This Chicago Driver's License Revocation Defense Attorney notes that the civil case against your driver's license is called statutory summary suspension (SSS). Driver's license revocations are a civil penalty by the Illinois Secretary of State's office. Your criminal DUI charge is a separate matter.
Illinois law mandates that your driver's license be suspended automatically in 46 days after your DUI arrest unless your Chicago Driver's License Revocation Defense Attorney files a motion to stop that automatic suspension. The automatic suspension could last between six months to one year for a DUI first offense and from one to three years for repeat DUI offenders. If you do not act by having your Chicago Driver's License Revocation Defense Attorney file a motion right away to stop the suspension, the automatic suspension of your driver's license will occur whether or not you are ultimately convicted in criminal court on the DUI charge. And if you are then caught and arrested for driving with a suspended license, you will face a felony charge and mandatory jail time when you're convicted for it.
After a driver's license suspension ends, a driver must apply to drive again and must pay for an ignition interlock device to be wired into their vehicle before they're allowed to drive again.
This Illinois DUI Driver's License Suspension Lawyer points out that some DUI first offenders can drive again following the 31st day of their driver's license suspension if they choose the option offered by the new DUI law. On January 1, 2009, a new DUI law went into effect that gives the DUI first offender the option of driving under a Monitoring Device Driving Permit (MDDP).
The first offender can "opt out" of the MDDP permission, but then they risk Class 4 felony charges and mandatory one to three years of prison time when they're caught driving with a suspended license. Under the MDDP law, the first offender pays to have a BAIID (breath alcohol ignition interlock device) wired into their ignition system by a qualified installer. The BAIID will check the driver's blood alcohol content (BAC) before he starts the vehicle and at random times while driving. (See our page on BAIID devices for more detail about these systems.)
Chicago Driver's License Revocation Defense Attorneys caution that the MDDP is only available for DUI first offenders. Illinois law defines the first offender in ILCS 625 section 11-500. Some first offenders are not eligible for MDDPs. A first offender can't get a MDDP if:
But if the first offender is not subject to the above disqualifications, that driver is eligible for the MDDP and the court has no discretion to deny it. But the first offender can opt out of the MDDP in writing.
You need to contact Illinois DUI Driver's License Suspension Lawyer Michael Schmiege very soon after your DUI arrest to file the motion to stop the summary statutory suspension (SSS) of your driver's license. Mr. Schmiege could also file a petition to rescind the SSS. He can then work with you to contest several important legal issues in your DUI case:
A successful challenge to any of these issues by Chicago Driver's License Revocation Defense Attorney Michael P. Schmiege would obtain rescission of your SSS. His challenge to your SSS will also give him the opportunity to cross-examine your arresting officer and elicit important admissions and information useful in preparing a strong defense to your criminal DUI Charge. (Remember: the criminal DUI case is a completely separate matter from the civil, administrative suspension of your driver's license.)
With the skilled help of Chicago Driver's License Revocation Defense Attorney Michael Schmiege, you can fight your driver's license suspension. You should contact Michael Schmiege as soon as possible after your DUI arrest. The first two weeks after your arrest are a very critical period in the fight to help you keep your driving privileges.
Illinois DUI Driver's License Suspension Lawyer Michael P. Schmiege will be with you every step of the way in fighting your criminal DUI charge and protecting your driver's license from SSS. He could file a motion for you to stop the automatic suspension 46 days after your arrest. He'll file the documents to demand a suspension hearing for you. If the prosecutor doesn't grant a hearing on the motions within 30 days or your first court date, Illinois can't suspend your driver's license and the suspension is removed from your record.
DON'T LOSE YOUR RIGHT TO DRIVE! CONTACT MICHAEL P. SCHMIEGE TODAY TO PROTECT YOUR RIGHTS. (312) 906-7800
NOT GUILTY – Possession of a Controlled Substance w/ Intent to Deliver
Driving Under the Influence of Alcohol – NOT GUILTY
"Michael Schmiege is an excellent attorney. He is honest, diligent and gets great results. If you find yourself in need of a lawyer, he is great at what he does. Never over-promises, but definitely delivered more than we had hoped for. His team will help you all the way. Answers all your questions promptly and clearly states what to expect. I highly recommend Michael and his team. They CAN and will help!"
"Mr. Schmiege is well respected by the court because he is a very honest man. He was very kind and respectful to me. His fees were reasonable. His office is very easy to find, and his staff is very helpful."
"I am so appreciative of the help and support that I received from Michael and his team members! They truly helped me figure out my case and I got outstanding results. If anyone can help you get great results, it’s Michael. I had an immigration issue as well and he worked with my immigration lawyer to help find the best solution. He understood that I made a mistake but it didn’t define who I was. I definitely don’t want to go through any of this again but I’m glad that I had the support to get through this."