Monday, July 13, 2009

Chicago DUI lawyer says there is light at the end of the tunnel for DUI offenders

Here's a bit of information for anyone out there with a driver's license... "driving is a privilege, not a right." I'm sure every Chicago DUI lawyer has heard that more times than they care to recall. The problem is our clients don't ever hear it until they are in trouble. In many instances it is easier to avoid the trouble in the first place, than try to fix it later. I've posted here on the suspensions that occur just for the DUI arrest. I've certainly had clients found not guilty of the DUI but suspended for a long period of time because they violated the Statutory Summary Suspension law.

In the vein of fixing it later, North Carolina is taking a huge step to permit rehabilitated Habitual DUI offenders get their driving privileges restored. No, it will not be easy. Yes, it carries some substantial burdens, but in these tough economic times having the ability to drive can be more akin to a right (you know that right to put food on the table and keep a roof over one's head) than a privilege for many people.


SECTION 3. G.S. 20‑19 is amended by adding a new subsection to read:

"(e4) When a person's license is revoked under G.S. 20‑138.5(d), the Division may conditionally restore the license of that person after it has been revoked for at least 10 years after the completion of any sentence imposed by the court, if the person provides the Division with satisfactory proof of all of the following:

(1) In the 10 years immediately preceding the person's application for a restored license, the person has not been convicted in North Carolina or in any other state or federal court of a motor vehicle offense, an alcohol beverage control law offense, a drug law offense, or any other criminal offense.

(2) The person is not currently a user of alcohol, unlawfully using any controlled substance, or an excessive user of prescription drugs."


Is the law onerous, yes, but the alternative, no driving relief, creates a far greater hardship.



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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