New Law Could Let People With Four DUI Convictions Get Restricted Driving Privileges

 Posted on November 17, 2015 in License Suspension

One of the consequences of being convicted for driving under the influence is that your driver’s license will be revoked. Under the current laws of Illinois, it is illegal to drive a motor vehicle while under the influence of drugs, alcohol, or a combination of both. Upon conviction, a person will lose their driver’s license; more specifically, the Secretary of State will revoke their driving privileges.

The revocation period depends on the number of prior offenses:

• For a first offense, license revocation is for a period of one year, and for those under the age of 21, revocation is for two years;
• For a second offense committed in a period of 20 years, license revocation is for a period of and years;
• For a third offense, license revocation is for a period of 10 years; and
• For a fourth any subsequent offenses, license revocation is for life.

Needless to say, being convicted of a DUI seriously impacts a person’s life by taking away their ability to drive.

New Law Changes Driver’s License Revocation for Fourth DUI Offense

A new state law, referred to as House Bill 1446 or Public Act 099-0290, will be taking effect on January 1, 2016 and will allow individuals in Illinois who have been convicted of four DUIs to be able to apply for a restricted driving permit after completing five years of their revocation period.

In order to be eligible for the restricted driving permit under the new law, the applicant must demonstrate by clear and convincing evidence:

1. That he or she has experienced a minimum of three years of uninterrupted sobriety from drugs, alcohol, or both; and
2. That he or she has successfully completed a rehabilitative program or activity recommended by a licensed service provider.

While it is always a good legal strategy to fight a DUI charge that is pending against you so that you are not convicted of the DUI, if you ultimately are convicted, it is also important that you pursue the options available to you to get your driver’s license reinstated as soon as possible.

Under the new law, four-time DUI convictions can become eligible for an administrative hearing to request reinstatement of their driving privileges from the Illinois Secretary of State. In the alternative, these individuals can seek to obtain a restricted driving permit, which can be obtained for the purpose of transporting either yourself or a family member for certain reasons or purposes, including getting to and from work, school, substance abuse rehabilitative services or programs, for obtaining medical care and attending doctor’s appointments, or for getting children to daycare.

Call the Law Offices of Christopher M. Cosley

Getting a first, second, third or subsequent DUI is a matter that can not be taken lightly. Your rights and your freedom are at stake. Consult with an experienced DUI criminal defense attorney about what options are available to you and whether you can get your driving privileges reinstated sooner rather than later. Please contact a skilled Rolling Meadows DUI attorney immediately. Call the Law Offices of Christopher M. Cosley at 847-253-3100 for assistance.

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501

http://www.ilga.gov/legislation/publicacts/99/099-0290.htm