DUI/DWI
Statutory Summary Suspension/Drivers License Suspension
A Statutory Summary Suspension (Driver’s License Suspension) is an administrative action taken by the Illinois Secretary of State suspending an individual’s driving privileges. The suspension begins on the 46th day after the date of arrest. The first month of any suspension is what is commonly called a “hard suspension”. This means that the individual is not eligible for a Judicial Driving Permit or “JDP” (which is commonly known as a “work permit” or “hardship license”). Below is a table identifying the suspension periods applicable to certain categories of DUI offenders.
|
1st time offender: |
3 month suspension |
Eligible for JDP* on 31st day of suspension |
|
1st Time offender: |
6 month suspension |
Eligible for JDP* on 31st day of suspension |
|
Second or Subsequent offender submitting to Breath/Chemical Test |
1 year suspension | Not Eligible for JDP |
|
Second or Subsequent offender refusing Breath/Chemical Test |
3 year suspension | Not Eligible for JDP |
*Note as of January 1, 2009 the Judicial Driving Permit will no longer be available.
Field Sobriety Test
Field Sobriety Tests are commonly given at the location where the officer stops the DUI suspect. These tests are administered to assist the police officer in determining the driver’s level of impairment. The common field sobriety tests are the “walk and turn,” “one leg stand,” and “Horizontal Gaze Nystagmus” or “HGN”. The officer is observing the suspect to identify whether certain indicators are present which prove that the suspect is impaired. Many individuals who have been charged and arrested for DUI are alleged to have failed these tests. However, at Byron Carlson Petri & Kalb our knowledgeable attorneys have both legal and factual arguments challenging the credibility of these tests.
Portable Breath Test
The Portable Breath Test or “PBT” is commonly administered at the location of the stop to determine if the suspect is above the legal limit. Additionally the PBT is administered to minors who are suspected of underage drinking. The PBT has been determined to lack the same scientific accuracy as a Breathalyzer machine or chemical test administered at the station or hospital. At Byron Carlson Petri & Kalb our attorneys will attack the validity and legal basis for administering the PBT as well as the weight that should be given to its results.
Breath and Chemical Test
A Breathalyzer Test or Chemical Test is administered to determine the Blood Alcohol Content or “BAC” of a DUI suspect. In the State of Illinois and State of Missouri, if a suspect has a BAC of .08 or higher he or she is considered legally impaired to drive and will almost always be arrested and charged with a DUI. Many individuals charged with a DUI have taken these tests and subsequently feel that they have no ability to challenge the DUI in court. However, it is common the police officer and/or test administrator has improperly administered the test. At Byron Carlson Petri & Kalb our attorneys thoroughly review all police reports, documents, and test results to determine if there is a legal or factual argument to get the test thrown out of court.
Contact Us
Contact the law offices of Byron Carlson Petri & Kalb, LLC, if you have been charged with drunk driving. Our Edwardsville, Illinois, law office is available at 618-307-4054.
