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Illinois DUI / DWI Questions & Answers
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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Theodore J. Harvatin
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 -... Read 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... Read more »

Theodore J. Harvatin
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Theodore J. Harvatin
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... Read 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... Read 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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1 Answer | Asked in DUI / DWI for Illinois on
Q: 2 dui chrges-at court he was told to turn himself in on jan 26. he had like 2-3 wks to prepare. he also had 2 take a

breathelizer test. So he currently is serving time 4 the 2 dui charges. before he reported to jail he had to take that breath test for alcohol every morning for those 2-3 weeks he has been in jail like a few weeks-he was JUST told by his p.o. he tested positive one morning this was 6 days b4 going... Read more »

Cary Dohman
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Cary Dohman
answered on Feb 18, 2022

A lot of this depends on the facts and circumstances of the arrest and one's background. However, if an individual pleads guilty and then violates a condition of their sentence (for instance, to abstain from alcohol), then the prosecutor could file a petition to revoke the sentence and ask to... Read more »

3 Answers | Asked in DUI / DWI and Traffic Tickets for Illinois on
Q: Help with lifetime cdl ban in Illinois.

I had a class A CDL in Illinois. In 2008 I was charged with dui. There was a 6 month statutory summary suspension and my CDL was disqualified for 1 year.

At some point over the next 2 years my license expired and when I went to renew I opted to step down to a regular class D license,... Read more »

Theodore J. Harvatin
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Theodore J. Harvatin
answered on Nov 22, 2021

I have seen where there is a mistake in paper work and it appears that one dui was two separate ones due to non matching arrest dates.

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2 Answers | Asked in DUI / DWI for Illinois on
Q: I didnt complete all the terms of court supervision for a DUI. Would it be fruitful to get an attorney?

I completed the 3 DUI classes, paid some of my fine and I'm 5 hours short on my community service hours. The cut off date was 5 days ago. I have been in a treatment center twice during this time trying to get my life straightened out. It was difficult to find somewhere to complete service... Read more »

Theodore J. Harvatin
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Theodore J. Harvatin
answered on Oct 2, 2021

I think it’s worth it. It’s painful to lose your license and deal with the Secretary of State. A lawyer who has a lot of experience with the court system in your county will have a lot better chance of saving your supervision than you would on your own.

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1 Answer | Asked in DUI / DWI for Illinois on
Q: Can the hospital draw blood for a DUI for a police officer if I refused
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 23, 2021

You keep posting the same legal issue repeatedly and the answer remains the same.

1 Answer | Asked in DUI / DWI for Illinois on
Q: What does I er blood test does not cure the refusal mean
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 23, 2021

Your question is unclear, however, it appears that you possibly asked a similar question from Peoria, Illinois recently.

In Illinois there is a specific legal principle called medical emergency exception where the medical hospital may draw blood from an admitted person for medical reasons,...
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1 Answer | Asked in DUI / DWI for Illinois on
Q: I did end up in the emergency room is it legal for the doctor to take my blood

What does that mean

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 23, 2021

Yes.

Under the current emergency exception for medical purposes, a medical institution may take a patient's blood which results are completely discoverable.

1 Answer | Asked in DUI / DWI for Illinois on
Q: I did go to the emergency room that night but the letter of suspension said I refused to take the test
Theodore J. Harvatin
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Theodore J. Harvatin
answered on Sep 23, 2021

It appears the cop asked you to submit to a blood or breath test. If you refused his direct request to you, that is a refusal for which your license can be suspended. The ER blood draw does not cure the refusal.

2 Answers | Asked in DUI / DWI for Illinois on
Q: I just got a letter for suspension of drivers license do to refusing to take the blood work for a DUI. But when I went

To court they continued my case till they get my blood work test results. How are they waiting for my results if I refused to take the blood test

Dan Nold
Dan Nold
answered on Sep 23, 2021

Sounds like you have a fantastic case for a lawyer to help you with. The suspension might be unlawful. Hire a local attorney

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2 Answers | Asked in DUI / DWI for Illinois on
Q: State of Illinois sends letter to get breathalyzer and work exempt do I do it or let lawyer handle it

For dui case state says I have 14 days to respond to get a blow machine and get a work permit I don’t have court for 2 more weeks or ignore the letters and let my lawyer take care of it just don’t want to hurt myself

Dan Nold
Dan Nold
answered on Aug 2, 2021

You should be asking your lawyer this question. I usually advise people to send in the application and then review the evidence before paying for the device. But every case is different. You should really hire a lawyer if you have a pending DUI charge.

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1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Illinois on
Q: Last July I missed a DUI-cannabis court date. Now my case status says bench warrant. How do I tackle this?
Dan Nold
Dan Nold
answered on Jul 20, 2021

You need to hire an attorney and get a motion to quash on file. Depending on how long ago the warrant was issued, you may currently have a revoked drivers license. Your attorney can help clear that up through this process as well. Then you need to defend or resolve the DUI.

2 Answers | Asked in DUI / DWI, Traffic Tickets and Cannabis & Marijuana Law for Illinois on
Q: I got pulled over for DUI cannabis along with 5 traffic tickets. 4 Months later, I missed courts. I have now 6 warrants.

11 months later, I got into a car accident. Officer gave m a revoked license ticket and a traffic ticket. I know I shouldn’t been driving. How do I go about with the old and new traffic violations. I wasn’t arrested by the officer just An I bond.

John S. Fotopoulos
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John S. Fotopoulos
answered on Jul 19, 2021

These are serious charges. You should retain the assistance of an attorney as soon as possible.

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3 Answers | Asked in DUI / DWI and Traffic Tickets for Illinois on
Q: Pulled over for speeding and blew .07 now I have to go to court could I get a dui?
Jason Michael Kunowski
Jason Michael Kunowski
answered on May 30, 2021

Even though this situation was under the legal limit, you still could get charged with a DUI under a different subsection of the DUI statute. I would suggest looking for an attorney right away to discuss your options.

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1 Answer | Asked in Criminal Law and DUI / DWI for Illinois on
Q: is it in an inalienable right in the state of Missouri to consume alcohol
Dan Nold
Dan Nold
answered on Apr 29, 2021

Inalienable rights I would generally say are life, liberty, and the pursuit of happiness. I suppose you could consider the consumption of alcohol a pursuit of happiness. Generally, lawyers, at least lawyers that I know, do not speak about the consumption of alcohol being an inalienable right. It... Read more »

1 Answer | Asked in DUI / DWI for Illinois on
Q: About 10 years ago my license was revoked for my 1 and only D.U.I, what can I do to get my license back?
Theodore J. Harvatin
PREMIUM
Theodore J. Harvatin
answered on Mar 29, 2021

You will have to have an administrative hearing with the Illinois Secretary of State. It should be an informal hearing.

You will be required to you obtain a drug and alcohol evaluation and take any recommended classes. Those classes may lead to additional requirements. This is not a good...
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