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Illinois DUI / DWI Questions & Answers
3 Answers | Asked in DUI / DWI for Illinois on
Q: In Illinois, do all summary of suspension get sent to the secretary of state automatically or is it up to the

Prosecutor? Mine happened on private property and my attorney is reluctant to file the petition to rescind SSS because he says the don't all get sent. I dont agree nor believe that. I'm going to fire him and I just hired him.

Theodore J. Harvatin
Theodore J. Harvatin answered on Aug 22, 2019

It’s the police officer’s job. If the SSS has not been sent in there is nothing to rescind. Let him do his job.

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4 Answers | Asked in Criminal Law and DUI / DWI for Illinois on
Q: Will the judge change my charge from a misdemeanor to a felony for not accepting the plea deal?

I got a DUI a couple months back, and the judge gave me a plea deal which would make my charge a misdemeanor. Whenever I got the DUI, I didn’t have my license at the time. I did not know that I had to have a clean drug test to the court before a month in advanced, and there was still marijuana in... Read more »

Theodore J. Harvatin
Theodore J. Harvatin answered on Aug 8, 2019

The judge does not make charging decisions or downgrade or upgrade charges. That is up to the prosecutor. Since it sounds like you violated the terms of the plea, all bets are off. They can if they wish upgrade it but are not required to do so. You should find a private lawyer or if you cannot... Read more »

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2 Answers | Asked in DUI / DWI for Illinois on
Q: Is there a way to avoid having to complete a SATOP course?

I received a DUI the state of Missouri, Summer of 2016. It resulted in my license being suspended and having to complete a SATOP program. I’m now a Illinois resident and am looking to getting my license here.

Theodore J. Harvatin
Theodore J. Harvatin answered on Mar 21, 2019

When you apply, Illinois will check the national registry. Most likely you will be listed as “not eligible“ in Missouri due to not completing the required courses. If that happens, Illinois will not license you.

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2 Answers | Asked in DUI / DWI and Traffic Tickets for Illinois on
Q: Illinois had a DUI plead guilty for supervision... do I have to go back because of a red light ticket.

They said as long as I did not get arrested again i wouldn't have to. I did not but I got only 1 ticket for a red light from a camera and the letter from the court house says as long as I had no citations.... so do I have to show up in april??

Theodore J. Harvatin
Theodore J. Harvatin answered on Mar 5, 2019

Those are like expensive parking tickets. Not a moving violation and I doubt the prosecutor in your supervision case will even be aware of it and or care. If they do, they have to file papers and notify you.

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1 Answer | Asked in DUI / DWI for Illinois on
Q: After completing the roadside sobriety test is the officer required to give you the option to take a chemical test or no

If he places you in cuffs and being transported for testing are you considered under arrest and in compliance

David J. Winer
David J. Winer answered on Feb 14, 2019

The officer is only required to offer a breath or blood test once at the police station. But, first he must read you the "Warning to Motorist" form explaining the consequences of taking the test or refusing. On the road he is not required to offer any chemical testing.

3 Answers | Asked in DUI / DWI for Illinois on
Q: I had two DUI's the last was 8 years ago. What do I need to do to get my license back in Illinois
Theodore J. Harvatin
Theodore J. Harvatin answered on Feb 3, 2019

You will need a hearing with the Secretary of State after obtaining the necessary documentation, including a drug/alcohol evaluation and any recommendations for follow up. This is an oversimplification of a complicated process.

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3 Answers | Asked in DUI / DWI for Illinois on
Q: I have two pending cases but the clerk of courts sent a guilty verdict to the State of Ill

The State has revoked my driving privileges because of this I'm being punished for something that is still pending.can I get my charges dismissed because of this.

Theodore J. Harvatin
Theodore J. Harvatin answered on Jan 29, 2019

No But you can get the convictions removed for now by notifying the clerk of the error.

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3 Answers | Asked in DUI / DWI for Illinois on
Q: What types of steps are police officers allowed to take to confirm someone has been driving under the influence?
Juan Ooink
Juan Ooink answered on Dec 11, 2018

Not really sure what you are looking for with an answer from this question. If you have been charged with a DUI, you need to hire an attorney right away. The sooner you hire an attorney, the sooner that attorney can start working on your case. There are time sensitive matters when dealing with a... Read more »

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3 Answers | Asked in DUI / DWI for Illinois on
Q: What's the worst possible penalty for a first time DUI in IL?
Theodore J. Harvatin
Theodore J. Harvatin answered on Dec 1, 2018

There are over a dozen ways it can be a felony. Assuming it’s not a felony it is a class A misdemeanor.

A conviction carries a penalty of up to 364 days in jail and or a fine of up to $2500. Your driver’s license would be revoked and you would have to wait a year to petition the...
Read more »

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2 Answers | Asked in DUI / DWI for Illinois on
Q: Kids were drinking at my house without my knowing, then got pulled over - am I on the hook at all?
Theodore J. Harvatin
Theodore J. Harvatin answered on Nov 16, 2018

Highly unlikely without knowledge. You are not responsible for your kids' crimes in this situation if it's as you say it is.

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1 Answer | Asked in DUI / DWI for Illinois on
Q: Are parents held responsible in any way for a minor's DUI?
T. J. Jesky
T. J. Jesky answered on Nov 2, 2018

There are a number of factors that need to be considered. Under the theory of negligent entrustment of a motor vehicle, if the parents knew or should have known that their minor child was incompetent, reckless or unfit to operate a motor vehicle when they allowed him to drive it, they would be... Read more »

2 Answers | Asked in DUI / DWI for Illinois on
Q: Is it possible to disprove breathalyzer results?
Theodore J. Harvatin
Theodore J. Harvatin answered on Oct 18, 2018

Yes but it is much harder than attacking blood test results provided it was properly administered.

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2 Answers | Asked in DUI / DWI for Illinois on
Q: What are the best defenses for getting out of a DUI charge in IL?
Juan Ooink
Juan Ooink answered on Oct 2, 2018

The best thing you could do is hire a criminal defense attorney. Hire one right away.

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1 Answer | Asked in DUI / DWI for Illinois on
Q: What happens to my IL driver’s license if I am convicted of a DUI in another country?
Theodore J. Harvatin
Theodore J. Harvatin answered on Sep 19, 2018

Nothing. Illinois law does not have any provision for taking action against a license due to an out of country DUI

1 Answer | Asked in Criminal Law and DUI / DWI for Illinois on
Q: Someone I know has a record that has a cocaine drug charge and 2 DUI's. Is it possible for him to get papers

Immigration lawyers!!!

Someone I know has a record that has a cocaine drug charge and 2 DUI's. Is it possible for him to get papers

T. J. Jesky
T. J. Jesky answered on Sep 11, 2018

In order to become a naturalized citizen, the applicant must prove that he or she is a person of “good moral character,” especially in the five years before applying.

If the applicant has a DUI on their record, the U.S. Citizenship and Immigration Services will most likely deny the...
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2 Answers | Asked in DUI / DWI for Illinois on
Q: What are the best ways to expunge a DUI from my driving record?
Theodore J. Harvatin
Theodore J. Harvatin answered on Sep 7, 2018

If you were convicted there is no way to expunge or seal a DUI in Illinois

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1 Answer | Asked in DUI / DWI for Illinois on
Q: If I go to trial instead of pleading guilty for a DUI of alcohol charge,what is the range in price?

No accident. While driving home from the store, I got light headed and pulled over. Then passed out. I was taken to hospital ER where blood was taken as part of their procedure. The result was given to the police.It read 0.30.This number is absolutely wrong. There is much more info,obviously.I want... Read more »

Jeremy Wang
Jeremy Wang answered on Sep 2, 2018

Expert witnesses are very expensive. It is not uncommon they charge thousands of dollars because they are rare given the many years of education and many more years of experience in their field of expertise.

1 Answer | Asked in DUI / DWI for Illinois on
Q: If I get a wet and reckless as a minor, will I lose my license?
Theodore J. Harvatin
Theodore J. Harvatin answered on Aug 14, 2018

Not just from that single conviction

1 Answer | Asked in DUI / DWI for Illinois on
Q: Can you get a DUI with less than .08?
Juan Ooink
Juan Ooink answered on Aug 6, 2018

Yes, you really should be discussing this with your attorney if you have been charged with a DUI. If you have not hired an attorney yet, and you have been charged with a DUI, you need to hire an attorney now. DO NOT hesitate.

1 Answer | Asked in DUI / DWI for Illinois on
Q: Can you get a DUI on private property?
Theodore J. Harvatin
Theodore J. Harvatin answered on Jul 20, 2018

Yes. DUI laws apply everywhere in the State of Illinois.

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