How Often Do You Handle Repeat DUI Offense Cases?
I represent repeat offenders quite often. My firm represents many people that are repeat DUI offenders, which is unique, because many attorneys only handle first offenders. Sometimes people have the unfortunate situation of being arrested in a short period of time for multiple DUIs. Other times, there are a number of years in between arrests. My experience with repeat drunk driving offenders is significant. I have represented people with multiple DUI arrests. I have represented people who have had over ten DUI arrests, but whatever number of arrest this is for you, I can help you.
What Is The Look Back Period For DUI Charges In Illinois?
In Illinois, the look back period is forever. In Illinois, DUIs never fall off of your driving record. DUIs cannot be expunged from your driving record. There was a period of time back in the late 1990’s and early 2000’s when DUIs were eligible to be expunged, but the law has changed. They can no longer be removed. That means that if you plead guilty or are found guilty of a DUI, it will be reported to the Secretary of State, and it will appear on your driving record forever.
This includes court supervision for a first DUI. Many lawyers tell their client that court supervision for a first DUI will not go on their record, but that statement is misleading. Court supervision is a special type of probation that if completed successfully, it will not be a judgment of conviction on your criminal record. However, it will appear as a DUI on your driving record forever. In Illinois, once a DUI is on your driving record, it stays there forever. I have seen DUIs on driving records that are older than me, in other words, arrests going back into the late 1960’s.
Could A Prior DUI Arrest Impact A DUI Case?
A prior DUI arrest can potentially impact a pending DUI case. In Illinois, the driving records show not only if you plead guilty or found guilty of DUI, but there is also a separate entry on your driving record that shows if your license was suspended for either refusing a breath, blood or urine test, or if you were over the limit on one of those tests. What that means, is that an individual could have gone to trial on a DUI case, and was found not guilty, but their driving record would still show a summary suspension for refusing the breath test. Any prosecutor would be able to read that and determine that there was some sort of a prior DUI arrest even if it did not result in a finding of a guilty verdict. That could impact or limit your options on a pending DUI case.
Does A DUI Conviction In Another State Count As A Prior For Sentencing?
Yes, it does. Illinois is part of what is called the Interstate driving compact with almost every other state. This compact is basically an agreement that means that any driving convictions in another state will be reported back to that driver’s home state. In other words, an Illinois driver that receives a DUI in Indiana or some other state that is part of the compact agreement, that other state will report that DUI to Illinois. It is not a perfect system, and sometimes those other states do not report it, but obviously, you cannot rely on that. If there is a DUI in another state, that will be considered a prior offense for Illinois.
What Is The Ignition Interlock Device? How Does It Apply To Multiple DUI Offenses?
An ignition interlock device or sometimes they call it a BAIID (Breath Alcohol Ignition Interlock Device). It is basically a breathalyzer that is installed in your car. You have to blow in it in order to start the vehicle. You are also required to blow into the machine at various times while you are driving. This device is required to get that MDDP – Monitoring Device Driving Permit, during your summary suspension. As far as multiple offenders, it also could be required if you are granted some restricted driving privileges after your license was revoked for a DUI.
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