Summary Suspension

Article 36 Forfeiture Illinois

For years, DUI offenders have had to worry about their driver’s licenses and the possibility of incarceration. But recently, prosecutors have given defendants another cause for concern. The government can seize a DUI offender’s vehicle, and after a process called civil forfeiture, sell the vehicle at auction and keep the proceeds. The process takes place […]

Blood Test Without Warrant

An important decision was just handed down by the United States Supreme Court concerning driving under the influence. In Missouri v. McNeely, the court was asked to decide whether it was unconstitutional to take blood by force without a search warrant. The court held that when a DUI suspect refuses a blood test, the police […]

Article 36 Seizure

State lawmakers in Springfield made a significant change to the Illinois Vehicle Code in 2013. The change is important because it could impact a person who was charged with driving under the influence. The law in our state allows law enforcement officers to seize property that was used in the commission of a criminal offense. […]

A person who is arrested for driving under the influence is confronted with two problems. First, he faces criminal penalties imposed by a court of law. At the present time, a first offense of DUI is categorized as a Class A misdemeanor offense. The potential penalties include up to one year in jail and a […]

Penalties for a first DUI in Illinois in 2012

by Sami Azhari on January 16, 2012

Illinois DUI Laws 2012

We return in 2012 for an update on the law against driving under the influence in the state of Illinois. While crimes such as domestic battery, theft, and murder have not changed in decades, the laws on DUI are changing every year. The statute that prohibits driving under the influence of alcohol or drugs remains […]

Driver’s license suspension and DUI: not related

by Sami Azhari on November 8, 2011

Summary Suspension | Not Guilty of DUI

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 […]

Summary suspension and supervision: not the same

by Sami Azhari on September 8, 2011

Difference Between Supervision and Summary Suspension

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. […]

The Illinois Criminal Justice Information Authority is a state agency that studies our court system closely. From time to time, I read the summaries on their site. They have been tracking the increasing frequency of probationary sentences for driving under the influence and other vehicle code offenses. Their statistical survey proves that judges are cracking […]

Statutory Summary Suspension | Rescission | Illinois Secretary of State

If the defendant prevails in the hearing on the petition to rescind statutory summary suspension, the judge will sign an order directing the Secretary of State to rescind the suspension. The clerk in that courtroom will follow up with the Secretary of State after the court call has concluded. But this takes time. The clerk […]

DUI Injury Accident | Motor Vehicle Accident | Driver Arrested for DUI | Police Blood Draw

The state legislature has amended the DUI statutes in 2011 and established additional civil penalties for people accused of driving under the influence. The law in Illinois up to 2010 provided that if a person was involved in a motor vehicle accident that resulted in personal injury or death, the police were allowed to draw […]