Lewis Gainor, Attorney at Law
In the year 2013, driving under the influence remains one of the most highly politicized offenses in Illinois courts. There is no offense that will get a prosecutor fired quicker for giving a good deal than DUI. In these cases, Assistant State’s Attorneys are always wary of how it will look after they give the [...]
The Alliance Against Intoxicated Motorists (AAIM) has released the results of its 2011 survey of police departments across the state concerning DUI. The non-profit advocacy group takes a survey each year of all police departments and uses the information to compile statistics about arrests by each department, county, etc. The police departments’ participation in the [...]
The Illinois Secretary of State releases a publication every year that provides statistics about arrests for driving under the influence. The annual DUI Fact Book says that the number of arrests for drunk driving each year in our state is just under 50,000. To be clear, this is the number of arrests, and so it [...]
An arrest for driving under the influence in Illinois is recorded, in most respects, for all time. This is a distressing fact for someone who has never been arrested before. One bad decision can make for a lifetime of regret. But it does not have to be that way. The record of a DUI arrest [...]
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 [...]
Driving under the influence is the only offense in Illinois that requires the offender to undergo an evaluation before sentencing. The evaluation is mandated by statute. There is one exception to this rule, and it shows how seriously the law treats a DUI. The only other case in which the defendant is required to have [...]
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. [...]
If a person is found guilty of driving under the influence in Illinois, and he has no prior offenses of DUI or reckless driving, then the judge is authorized to sentence the defendant to court supervision. Supervision is generally the disposition sought after by attorneys. As discussed in other articles on this blog, supervision is [...]
The penalties for an arrest for driving under the influence in Illinois were increased in 2011. A second offense of DUI is still a misdemeanor, but the penalties are far more severe than any other misdemeanor. The law provides that a second offense of DUI is a Class A misdemeanor. The law in Illinois provides [...]
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 [...]
- by Lewis Gainor, DUI Lawyer
