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xavierjd, Lawyer
Category: Criminal Law
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Experience:  Over 20 yrs experience in prosecution and defense work
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I have a one year suspension of my IL drivers license, because

Customer Question

I have a one year suspension of my IL drivers license, because I refused to take a breathalizer test after a traffic stop. I have an Intoxalock in my vehicle which allows me to drive under a permit, during the suspension. On Christmas morning I went to my car and blew into the device. It registered a .07 BAC. I did drink on Christmas eve. I had no idea I would still have alcohol in my system. I received a letter from the IL Sec. of State asking for an explanation. I was given the lowest possible risk rating during my evaluation. The DUI charge has been amended to Reckless Behavior Not Involving a Motor Vehicle. How should I handle my response and what are the possible consequences?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Fran-mod replied 2 years ago.
Hi, I’m a moderator for this topic and I wonder whether you’re still waiting for an answer. If you are, please let me know and I will do my best to find an Expert to assist you right away. If not, feel free to let me know and I will cancel this question for you. Thank you!
Customer: replied 2 years ago.

No, I have not received an answer. I still need one.

Expert:  Fran-mod replied 2 years ago.
Sometimes, finding the right Expert can take a little longer than expected and we thank you greatly for your understanding. We’ll be in touch again shortly.
Expert:  xavierjd replied 2 years ago.
Thanks for using JustAnswer.com. It will be my pleasure to assist you.

Were you convicted of an alcohol offense after originally refusing the breath test?

If you were convicted, were you given a probation violation?

Who amended the charge to Reckless behavior not involving a motor vehicle?

Thanks
Customer: replied 2 years ago.
I was not convicted of an alcohol offense. The states attorney agreed to amend the original DUI charge. I am on 1 year "court supervision" on that charge. I have no other issues and am not, nor ever have been, on probation.
Expert:  xavierjd replied 2 years ago.
Were you under the terms of a deferred prosecution?

Thanks
Expert:  xavierjd replied 2 years ago.
What I meant by my last question was this: Did you have to get the interlock placed on your vehicle and comply with other terms of the court, and at the end of a period of time, the case would have been dismissed?

Thanks
Customer: replied 2 years ago.

In IL the suspension requiring the interlock device is not dependent on the DUI charge. I got a mandatory 1 yr suspension from the Sec. of State because I refused the breath test. That alone triggers the suspension. After the first 30 days, you can get a permit to drive if you install a interlock device. It's a seperate issue from any other charge and is not handled thru the court, but rather, thru the IL Sec of State.

 

I have done everything required under my the agrrement that led to my "court supervision" for the Reckless Behavior Not Involving A Motor Vehicle charge. After a year the case will be dismissed.

Expert:  xavierjd replied 2 years ago.

Whenever a violation is detected, you will receive a letter requesting an explanation of the violation. If you do not respond to this request or the explanation is insufficient, the suspension may be extended for an additional three months per violation, and your driving permit may be canceled. Three extensions per violation may result in the car being impounded for a period of at least 30 days. If five violations are detected, the office will recall the interlock device for early monitoring. Four extensions per violation may result in the car being seized or forfeited.

It is going to be very difficult to explain a .07 bac, especially if you had been drinking the night before. That would mean that your alcohol level was MUCH higher the night before you blew the .07.

Because you may lose your driving permit as a result of an insufficient explanation, you should speak to an attorney who specializes in license restoration/secretary of state hearings. It may be possible that you can argue that there was a problem with the actual interlock or that someone else blew into the interlock as some type of "joke." However, an attorney who specializes in the area may have several pre-prepared responses that may be used to satisfy the secretary of state. Sometimes, an initial consultation with an attorney is free or at a minimal charge. You can discuss the specific facts of your case, evaluate your options and decide how to proceed. Even if you do not hire an attorney to assist you, you may gain valuable information to place into your response.

If you do not know an attorney who handles DUI/license restoration cases, you can contact the Illinois State Bar Association for a referral. Below is a link to the site.
http://www.illinoislawyerfinder.com/

It has been my pleasure to assist you today with your information needs.


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