Tuesday, May 25, 2010

Chicago DUI attorney comments on the "gotchas" of a DUI arrest

This Chicago DUI attorney has posted here, here, and here about the MDDP.  The program permits first time offenders, with valid driver’s licenses, to drive during the period of Statutory Summary Suspension with a BAIID on the car they are driving. 

There are significant penalties for getting caught driving a vehicle without a BAIID if eligible for the BAIID:

 Driving while driver's license, permit or privilege to operate a motor vehicle is suspended or revoked. 
    (a) Except as otherwise provided in subsection (a‑5), any person who drives or is in actual physical control of a motor vehicle on any highway of this State at a time when such person's driver's license, permit or privilege to do so or the privilege to obtain a driver's license or permit is revoked or suspended as provided by this Code or the law of another state, except as may be specifically allowed by a judicial driving permit issued prior to January 1, 2009, monitoring device driving permit, family financial responsibility driving permit, probationary license to drive, or a restricted driving permit issued pursuant to this Code or under the law of another state, shall be guilty of a Class A misdemeanor. 

   (c‑3) Any person convicted of a violation of this Section during a period of summary suspension imposed pursuant to Section 11‑501.1 when the person was eligible for a MDDP shall be guilty of a Class 4 felony and shall serve a minimum term of imprisonment of 30 days.
    (c‑4) Any person who has been issued a MDDP and who is convicted of a violation of this Section as a result of operating or being in actual physical control of a motor vehicle not equipped with an ignition interlock device at the time of the offense shall be guilty of a Class 4 felony and shall serve a minimum term of imprisonment of 30 days. 

  Did you see that?  You could have the DUI dismissed and end up in jail for driving because your license was suspended based on the DUI arrest.  One more important detail, it’s a collateral consequence, but that felony background, is not removed from an individual’s background.  Try explaining to a prospective employer that you do have criminal background for driving.

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Comments are welcome but please do not leave personal information or specific legal questions in the comment field. If you need legal assistance, the best way to get in touch with me is to call my office at 312.944.3973

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Comments are welcome but please do not leave personal information or specific legal questions in the comment field. If you need legal assistance, the best way to get in touch with me is to call my office at 312.944.3973