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 for Illinois on
Q: I refused a chemical test for a DUI stop. Now I have an obstruction of justice charge. What do I do?

I was pulled over for speeding about a half a mile from my house. I was trying to get home to use the bathroom. When I pulled into my driveway the officer said he smelled alcohol and that I appeared under the influence. I was placed under arrest. I refused a breathalyzer and a FST. I was taken into... View More

Theodore J. Harvatin
PREMIUM
Theodore J. Harvatin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 30, 2020

Get a lawyer. By law you are entitled to refuse.

View More Answers

3 Answers | Asked in DUI / DWI for Illinois on
Q: i still owe $2100 for court costs and fines This is due by 4/20 Can I get an extension to pay?
Jason Michael Kunowski
Jason Michael Kunowski
answered on Jan 29, 2020

Possibly. Did you complete the other things you were required to do?

View More Answers

1 Answer | Asked in DUI / DWI and Personal Injury for Illinois on
Q: my sister was killed by a 22 year old drunk driver over 27 beers in one court report.july 4 1983 can I sue

His name is Charles kerr from tampa and I would like to sue him-not his parents etc I just want him to see how it is not to have a life. My sister was an 18 year old homecoming queen and then she was killed.

Theodore J. Harvatin
PREMIUM
Theodore J. Harvatin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 22, 2020

No. The statute of limitations expired about 25 years ago.

3 Answers | Asked in Gov & Administrative Law, Government Contracts, Traffic Tickets and DUI / DWI for Illinois on
Q: My license has been revoked for over 10 years. I was caught driving a month ago. Can I get a license again in Illinois
Theodore J. Harvatin
PREMIUM
Theodore J. Harvatin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 21, 2020

Unless you have 4 or more convictions for DUI yes you can. First you have to resolve the driving while revoked ticket. Then you will have to have a hearing with the Illinois Secretary of State. There’s a long process to getting ready for that and you should consider retaining an attorney.

View More Answers

2 Answers | Asked in DUI / DWI and Traffic Tickets for Illinois on
Q: What can I do in the case of me having a DUI, and I got a ticket after my conviction/pleaa?

I have a guilty plea with supervision until 05/30/2020, recorded on 05/29/2019. I was given a ticket for a headlight being out, and driving on a suspended. I had a lawyer but then took a position for the state and was unable to represent me anymore. He said something about paying a reinstatement... View More

Theodore J. Harvatin
PREMIUM
Theodore J. Harvatin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 9, 2020

You can always hire another lawyer.

It sounds as though you are suspended simply because you did not pay the $250 reinstatement fee; in other words, the time on your suspension has run. Paying the fee would, if that is correct, give you valid privileges which will may help with the ticket....
View More

View More Answers

4 Answers | Asked in DUI / DWI for Illinois on
Q: my bf was driving my car (I had drank) the transmission broke he went to get help I refused to blow got dui can I win ?
Theodore J. Harvatin
PREMIUM
Theodore J. Harvatin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 28, 2019

Not necessarily. The legal standard is actual physical control. You will need a lawyer

View More Answers

2 Answers | Asked in DUI / DWI for Illinois on
Q: Illinois drivers license renewal being refused because of a DUI I received 24yrs ago in Missouri. How do I clear this?

I hired an attorney, paid the fine, paid for and attended the classes, and Missouri is saying they have no proof. Well neither do I after nearly a quarter of a century. My license in Illinois expires in April. I've spoken to Jefferson City who referred me to Satop. They told me I have to... 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 22, 2019

Just what they told you. Illinois won’t clear you until MO is satisfied. Period. No way around it.

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

View More Answers

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... View More

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

View More Answers

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

View More Answers

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

View More Answers

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

View More Answers

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
PREMIUM
Theodore J. Harvatin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 29, 2019

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

View More Answers

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

View More Answers

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

View More Answers

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... View More

2 Answers | Asked in DUI / DWI for Illinois on
Q: Is it possible to disprove breathalyzer results?
Theodore J. Harvatin
PREMIUM
Theodore J. Harvatin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 18, 2018

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

View More Answers

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.

View More Answers

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

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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.