After you are arrested for drunk-driving, criminal charges will be filed against you. In addition, you will also receive notice that your driver's license will be suspended. The suspension period will probably start even before the criminal case is completed. You may lose your driver's license even if you win your criminal case.
After a DUI arrest, it is important to hire a defense lawyer as soon as possible. Your attorney may be able to prevent the suspension of your driver's license or to achieve reinstatement if your license has already been suspended. You must act quickly because there are strict deadlines that must be adheared to.
If you or your attorney do not act to protect your driver's license, your driving privileges will be suspended 45 days after your DUI arrest. However, your attorney can request a civil hearing to prevent the license suspension. Once your lawyer files the paperwork, the court must grant a hearing within 30 days or conduct the hearing on your first court date. The hearing will be held in the county where you where arrested for the DUI.
There are five reasons for which a judge may rescind a summary license suspension:
The police committed constitutional or procedural errors when placing you under arrest;
The arresting officer didn't have reasonable grounds to believe you were driving while under the influence;
You were not properly warned of your rights by the arresting officer.
You did not, in fact, refuse to submit to blood or breath tests, although the police claim you did;
You took the required blood or breath tests, but the testing was not conducted in accordance with Illinois state police standards; did not show a blood alcohol content (BAC) of .08 or higher; or did not indicate the existence of illegal narcotics in your system.
For further information, contact your DeKalb County DUI Attorney or your DuPage County DUI Attorney.
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