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Illinois DUI / DWI Questions & Answers
3 Answers | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Civil Rights for Illinois on
Q: Can I expunge a charge from 15 years ago in Iowa?

Sept 2009 I was arrested along with other individuals due to us being in a park after hours. I was not even in my vehicle and 15 years later Im learning I have a $200 fine for an OWI and im ordered to complete 12 hour class for drinking and driving plus a substance class. I have lived and been able... View More

James L. Arrasmith
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answered on Mar 5, 2024

In Iowa, expunging a charge from your record depends on the type of offense and your criminal history. For OWI (Operating While Intoxicated) charges, Iowa law does provide for expungement under specific conditions, but generally, OWI convictions are challenging to expunge. If your case did not... View More

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1 Answer | Asked in DUI / DWI for Illinois on
Q: Blew into my baiid device and failed .106 @ 9am then waited until 2pm and blew a .024 passed. What is going to happen ?

On rdp significant risk. There was no lockout period.

Theodore J. Harvatin
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answered on Feb 7, 2024

You will be found in violation of the program. Your next hearing will have to be a formal hearing. Your evaluator must address the violation and determine if you need additional treatment and/or need to be reclassified. The chances you will be reinstated are almost 0 and at most expect a permit.

1 Answer | Asked in DUI / DWI for Illinois on
Q: I was charged with DUI in Illinois with a Texas DL, LTC, and residency. How is my case affected by TX law?

First time DUI, gun was out of view in center console, not locked.

T. Augustus Claus
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answered on Nov 29, 2023

Texas Driver's License Compact: Texas is a member of the Driver's License Compact, an agreement between states to share DUI information and enforce each other's DUI laws. This means that a DUI conviction in Illinois can be reported to Texas and may lead to penalties or restrictions on your Texas DL.

1 Answer | Asked in Criminal Law and DUI / DWI for Illinois on
Q: Will my boyfriend go to jail?

So, basically, he went to jail once for not complying with the conditions of his probation. He was bonded out, and a petition to revoke probation was added to his case. He was told that it would be dropped if he completed these courses - he did not, and his case was continued twice. Well, at this... View More

James L. Arrasmith
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answered on Oct 28, 2023

Your boyfriend's situation is complex, and while he has now completed the class, the timing is not ideal. Judges often look for compliance with court orders and probation conditions. His failure to initially comply and the continuances could be seen negatively. However, completing the class... View More

1 Answer | Asked in DUI / DWI and Civil Rights for Illinois on
Q: Can my dui case be dismissed for want of prosecution after I already plead guilty an paid fines in full?

They can't find any record or incident report for my case at all. No officer sworn report either.

Can I get my fine money back and reimbursed for my vehicle they auctioned off as well?

Theodore J. Harvatin
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answered on Sep 16, 2023

You pled guilty and paid the fines, so there is no want of prosecution. The state has fully prosecuted the case to a guilty plea and collected its fine. I am not seeing this as a viable course of action. If being ability to produce the documents is creating some other sort of hardship, you might... View More

1 Answer | Asked in DUI / DWI and Juvenile Law for Illinois on
Q: 17yr DUI. He says wasn't read rights on scene. Handcuffed, then ankle cuffed to floor at the station. Is this legal?

Made illegal left turn from side street to 2 lane 1 way into the right lane. My son used his personal cellphone to call us. (Wasn't the officer.) Was read rights at police station with us present Except he read them then left the room before 20 minutes was up. Then came back into the room... View More

Theodore J. Harvatin
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answered on Jul 5, 2023

First off, they read him his rights once. Secondly, not reading your rights does not mean not guilty automatically, If Miranda is violated it only suppresses any statements made.

He was not charged with underage drinking, curfew, truancy, or running away. He was charged with a criminal...
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1 Answer | Asked in DUI / DWI for Illinois on
Q: My boyfriend got a dui in one county and violated probation and got another one 9 months later in another county.

He hasn’t lost his license yet. He got away with basically nothing from the first dui. Now that he has violated his probation and got another dui what would be expected might happen. This is in illinois.

Theodore J. Harvatin
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answered on Apr 11, 2023

He could very well end up with two convictions, particularly since they are in two different counties. If he only ends up with one conviction , his license will be revoked for a minimum of 12 months. If he receives to convictions, he will have to drive on a restrictive permit for five years with... View More

1 Answer | Asked in Criminal Law and DUI / DWI for Illinois on
Q: My attorney has left numerous voicemails and emails to the state's attorney yet no phone call returned. It's been a mont
Cheryl Powell
Cheryl Powell
answered on Mar 20, 2024

State's attorney's are never great at returning calls. Their caseloads are just too high. Usually it is easier to catch them at court. Does your lawyer not work there regularly?

1 Answer | Asked in Criminal Law and DUI / DWI for Illinois on
Q: “FAIL” sobriety test sobriety SOBER. I have a Knee injury and medical issues. Can I use this as the cause for failing?

I was pulled over for running around a car at a stop sign. Was asked the common questions was I drinking or using drugs etc. I said no i only take sleeping aid medication and aderall in the mornings. I was just visiting my mother it was around 2:30pm in the afternoon.

I only did the... View More

Cheryl Powell
Cheryl Powell
answered on Mar 10, 2024

Yrs, those are reasons why someone might fail a field sobriety test. You need to hire a lawyer who specializes in duis immediately!

1 Answer | Asked in DUI / DWI for Illinois on
Q: Was ticketed for DUI. Am I "guilty" until Proven Innocent.

I have COPD,emphysema and bronchitis.

I was unable to satisfy the breathalyzer.

I was short of breath and wheezing.

I wanted to take my rescue inhaler to open up my airways but was denied.

During the interview, I openly and honestly admitted to having a drink... View More

Theodore J. Harvatin
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answered on Feb 13, 2024

Not sure what your question is. Secretary of State has a form for your physician to fill out to determine your breathing capacity. As far as what you were talking about with the interview I’m not sure what you mean and I’m not sure what that has to do with the breath machine but apparently you... View More

1 Answer | Asked in DUI / DWI for Illinois on
Q: Illinois SR22 but may move to Indiana.

I live in Illinois. Am required to have sr22 for dui. 2 years complete, 1 left. If I move to Indiana, do I have to start the 3 years over for indiana? I know I have to file in Illinois for the remaining year. Do I have to file sr22 with indiana also, and if so, would it be for 3 years with Indiana... View More

Theodore J. Harvatin
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answered on Dec 15, 2023

If you are surrendering your Illinois drivers license, Illinois loses jurisdiction. The question of what Indiana will require should be posed to an Indiana lawyer.

1 Answer | Asked in Car Accidents and DUI / DWI for Illinois on
Q: In an aggravated DUI, will the driver still get a felony if the victim was also under the influence?

They want to drop it to a misdemeanor since my son was also drinking. He lost his leg, broke his neck, back and shattered his spleen.

Theodore J. Harvatin
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answered on Nov 12, 2023

Your question is unclear. I can’t tell who is being charged, you, your son, or someone else? I’m not even sure who was driving. But in any event, if someone is charged with drunk, driving in an accident in which someone suffers “great bodily harm“ it can be charged with a felony regardless... View More

1 Answer | Asked in DUI / DWI for Illinois on
Q: How to fight DUI charges in Illinois when I was parked and not driving?

Received charges in May 2022. Was parked in the parking lot using the car for shelter. Had no intentions of driving.

Theodore J. Harvatin
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answered on Apr 16, 2023

In Illinois, you either have to be driving or “in actual physical control” that generally means able to drive. You will not be able to address this question over the Internet while you are sitting at a computer in North Carolina. You should find a DUI lawyer in the county where you receive the... View More

1 Answer | Asked in DUI / DWI for Illinois on
Q: Can I ask for supervision a second time after getting off a 6 month court vision?

I got my first ticket in June of 2021… then I received another ticket in March of 2022 and I was on court supervision for 6months started in the end of March of 2022 and recently ended in September of 2022. I got 2 new tickets and one I got it for speeding and the other avoiding traffic… will I... View More

Cary Dohman
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Cary Dohman
answered on Oct 10, 2022

Yes, you would be eligible for a second court supervision sentence in the state of Illinois. However, Illinois law states you cannot get supervision more than two times in a 12 month period. So make sure you are careful moving forward as you most likely would not be eligible again on any other... View More

2 Answers | Asked in DUI / DWI for Illinois on
Q: I have 2 DUIs in the Illinois. The last one occurred over 20 years ago. What steps do I need to get my license back?

Both of the DUIs occurred over 20 years ago and I completed all required treatment. I don’t drink and I would like to get my license back now that I have children and a new job that I need to be able to drive for. Does the fact that it was over 20 years ago have any impact.

Theodore J. Harvatin
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answered on Aug 5, 2022

The fact that is 20 years certainly does not hurt. The fact that you completed all your treatment may or may not be relevant, depending upon what your classification is and what you’re drinking and or drug use has been like since you’ve completed treatment.

At a minimum, you would have...
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1 Answer | Asked in DUI / DWI for Illinois on
Q: Why Did I Receive 2 DUI Tickets for One DUI?

The first ticket is a DUI ticket with a handwritten 4 next to the marked "driving under the influence and the 2nd DUI ticket has a handwritten 6 next to driving under the influence.

Any help is much appreciated!

Alan E. Jones
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Alan E. Jones
answered on Jul 28, 2022

In Illinois there a numerous ways a DUI can be charged. Typically, there's a DUI charge for generally diving under the influence & another more specific DUI charge for having a blood-alcohol content above the legal limit (.08bac). Remember, doctrine of merger says: one act / one crime -... View More

1 Answer | Asked in Criminal Law and DUI / DWI for Illinois on
Q: Are officers supposed to articulate to you what their reason is for wanting to search your vehicle when you ask them?

I was pulled over for an inoperative registration light. The Illinois State Trooper initially acted like it was no big deal until he returned from running my license. Then is when his demeanor changed. He wanted to search my purse, & I consented. When nothing illegal was found there he asked to... View More

Theodore J. Harvatin
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answered on Jul 4, 2022

I don’t know that they specifically have your ridiculator reason but it is certainly suspicious that he didn’t give a reason to you. This is a situation where a lawyer is necessary.

2 Answers | Asked in DUI / DWI for Illinois on
Q: For a DUI misdemeanor in IL, should I answer yes to a criminal history disclosure that I've been convicted of a felony?
Brandon K. Davis
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Brandon K. Davis
answered on Jun 13, 2022

A misdemeanor is not a felony so the answer would be "no".

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1 Answer | Asked in DUI / DWI for Illinois on
Q: I miss my court date called district clerk's office. She said I did have an active warrant for $750 Bond

I had already been to court like two times and she told me to get a lawyer I work at the Waffle House I don't make a lot of money so I was trying to figure out how to do that and come up with money to pay my fines and unfortunately I missed my court date because I was thinking it was on the... View More

Brandon K. Davis
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Brandon K. Davis
answered on Apr 9, 2022

Your best bet is to contact and hire a local attorney to assist you. If you are unable, gather the money to post bond and turn yourself in so you can be processed and released.

2 Answers | Asked in DUI / DWI for Illinois on
Q: I need proof that I completed court supervision to appeal my FOID revocation. How do I get this proof/documentation?

I got a DUI a few years back, and had to complete court supervision. Due to the supervision, my FOID card got revoked. Now that supervision is over, I can appeal my revocation. I need documentation proving that I completed supervision and that I’m no longer prohibited from owning firearms. What... View More

Brandon K. Davis
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Brandon K. Davis
answered on Apr 5, 2022

You can go to the Clerk's Office located at the courthouse where your case was handled and ask to purchase a certified disposition. This is a certified document that will confirm the successful termination of your court supervision.

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