Lewis Gainor, Attorney at Law
One issue from an arrest for driving under the influence that is confusing is the difference between the summary suspension and the criminal offense of DUI. Many people believe that if you are found not guilty of DUI, then your driver’s license will not be suspended. This is not true. Unfortunately, the law on DUI [...]
Many people are confused about the difference between a summary suspension and supervision. The two may sound alike, but they are very different. A summary suspension concerns your driver’s license. Your license to drive is suspended usually 46 days after an arrest for driving under the influence. The suspension is called a statutory summary suspension. [...]
A second arrest for driving under the influence carries additional penalties for a person’s driving privileges. First, the statutory summary suspension will take effect 46 days after the date of arrest. If the person has either a DUI or summary suspension in the last 5 years, then that person is not a ‘first offender’ for [...]
When a person is arrested for driving under the influence in Illinois, the arresting officer will ask him to submit to a chemical test. The most common form of test is a breathalyzer at the police station. If the machine shows a breath alcohol concentration of 0.08 or more, then that person is over the [...]
A Monitoring Device Driving Permit (MDDP) is available to first offenders during the summary suspension. Generally, the qualifications for an MDDP are that the person has had no DUIs or summary suspensions in the last 5 years, did not cause great bodily harm in the commission of the present offense, has never been convicted of [...]
A violation of the rules for the Monitoring Device Driving Permit (MDDP) can cause the Secretary of State to take adverse action against that person’s driving privileges. The Secretary of State can extend the summary suspension, cancel the permit all together, and even require the driver to obtain a restricted driving permit after the summary [...]
The Monitoring Device Driving Permit (MDDP) that is available for first offenders is subject to certain terms and conditions. These rules apply to all permitees, regardless of the individual circumstances of their case. For example, a person whose driver’s license is suspended for a positive urine test for cannabis or a controlled substance must used [...]
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During a period of statutory summary suspension, some defendants may qualify for a driving permit. The permit is called a Monitoring Device Driving Permit. The permit is referred to as an MDDP by attorneys and the courts. The statute is 625 ILCS 5/6-206.1 of the vehicle code. The MDDP is a permit allowing the defendant [...]
A statutory summary suspension is an administrative action taken by the Secretary of State on a person’s Illinois driving privileges. If, during an arrest for driving under the influence, the person fails chemical testing or refuses to submit to chemical testing, his license will be subject to a statutory summary suspension. The summary suspension is [...]
- by Lewis Gainor, DUI Lawyer
