How to Get Driver’s License Back After DUI (Part I)
If you refuse a breath or blood test after an arrest for DUI in Cook County or DuPage County, your Driver’s license will automatically be suspended. If you submit to the breath or blood test and you blow a 0.08% blood alcohol concentration or higher on your test, then you will be detained and your license suspended. This is known as implied consent.
This is a huge concern for most individuals faced with a DUI, and it is important that you retain the counsel of a trusted attorney after an arrest. By working with a Tower Legal Justice DUI specialist attorney, you may be able to have your license reinstated and preserve your driving privileges.
After your arrest and before your trial on the underlying DUI charge, you will need to attend a Statutory Suspension hearing. Unlike the DUI matter, the hearing is governed by the rules of civil procedure so your guilt or innocence is based on a preponderance of the evidence instead of reasonable doubt. This is not something that’s good for you. It means that it’s more likely than not you did what the state says you did.
However, this is a really important phase of the DUI process and, with a good DUI lawyer, an opportunity to effect the outcome favorably. The hearing will be held in front of the same judge in the same courtroomThere are a number of steps that can be taken. Your attorney will act to defend your legal rights and try to save your license.
Illinois does not provide hardship or restricted licenses during suspensions, so it is vital that you work with an attorney to help protect your driving privileges. First-time offenders may be permitted to drive if a breath alcohol ignition interlock device (BAIID) is installed in the car.