Ask a Question

Get free answers to your DUI / DWI legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Illinois DUI / DWI Questions & Answers
3 Answers | Asked in DUI / DWI and Constitutional Law for Illinois on
Q: Can a judge stop DA FROM Dropping MY CASE ON MARCH 5 STATE SAID THEY DONT HAVE NO CASE Said they GOING DISMISS MY CASE

Judge stop DA FROM DROPPING MY CASE SAID NO AND ASSIGNED ANOTHER DA CAUSE HE'S PREJUDICE

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 25, 2024

No.

A presiding judge rules on the motions, evidence and merits, he does not “dismiss” a case. The judge may find a defendant not guilty (acquitted), but an outright case dismissal lies within the prosecution agency (either a district attorney’s office or state attorney’s office,...
View More

View More Answers

1 Answer | Asked in DUI / DWI for Illinois on
Q: DUI in 1998 never carried SR22 insurance are paid my fines haven't had a license since then what will I have to do to

I haven't had but driving on suspended since 1998 since I lost my license I don't drink anymore

Theodore J. Harvatin
PREMIUM
Theodore J. Harvatin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 7, 2024

I assume you are revoked. You must have a hearing with the Illi Secretary of State.

That requires obtaining a drug and alcohol evaluation, completing required classes and proving to the secretary at the hearing that you can be a safe and responsible driver, if given driving privileges....
View More

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

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
PREMIUM
Theodore J. Harvatin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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, DUI / DWI, Traffic Tickets and Civil Rights for Illinois on
Q: When creating a petition to rescind statuary summary suspension?

Are all 3 points of argument criteria and requirements? Or is only one point of argument to be chosen and focused upon? And then how far do I go into detail in solidifying my argument? I mean if the entire arrest was unlawful and the officer literally did everything imaginable wrong as far as... View More

Theodore J. Harvatin
PREMIUM
Theodore J. Harvatin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 3, 2024

Although local practices can vary, in general, the petition itself is just a check the box exercise. Then you file a supporting legal memorandum as a separate document. In your case, it also sounds like you should also be filing a motion to suppress.

To be honest with you, the chances...
View More

1 Answer | Asked in Civil Rights, Criminal Law and DUI / DWI for Illinois on
Q: How long can the police detain you without charging you Louisville kentucky?

Friend of mine fell asleep at a stoplight. He was detained by police and given a breathalyzer test. The results were negative. The jail attempted to do a blood draw but either couldn't do it for lack of qualified staff or some öther reason. My friend then asked for a blood test at his own... View More

Cheryl Powell
Cheryl Powell
answered on Dec 2, 2024

This question should be posted for KY lawyers.................................................

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
PREMIUM
Theodore J. Harvatin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
Theodore J. Harvatin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
Theodore J. Harvatin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
Theodore J. Harvatin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
Theodore J. Harvatin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
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
PREMIUM
Theodore J. Harvatin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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: 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
PREMIUM
Theodore J. Harvatin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 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
PREMIUM
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
PREMIUM
Theodore J. Harvatin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

View More Answers

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
PREMIUM
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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.