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DUI Center

Your One-Stop Destination for DUI Knowledge

If you have been charged with DUI for the first time in Illinois, you need to know where you stand. Contact the Law Offices of Jack L. Zaremba, P.C. today at 815-740-4025 for a free consultation and an explanation of your rights.

Overview of First-Time DUI Laws in Illinois

In the past, some DUI offenders could receive Judicial Driving Permits (JDP) after a judge signed an order allowing them to travel to work or another specified location listed in the permit. These have been replaced with what the State calls a Monitoring Device Driving Permit (MDDP). An MDDP will allow a first-time DUI offender to travel anywhere and any time within the state of Illinois, provided the judge signs the MDDP, the Secretary of State approves the MDDP, and a person has a Breath Alcohol Ignition Interlock Device (BAIID) installed in their car. A BAIID must be installed within 14 days after an MDDP is approved by the SOS.

Am I Eligible for a MDDP?

To receive an MDDP, you must meet the following requirements:

  • Your license must be valid.
  • Your DUI must not have led to someone else's death or great bodily harm.
  • You cannot have any previous convictions for aggravated DUI resulting in death or reckless homicide.
  • You must be a first offender under the law.
  • You must be 18 or older.
  • Commercial Driver's License (CDL) holders are not eligible for an MDDP that will allow them to drive a commercial vehicle.

Illinois' First Offender Ignition Interlock Requirement

Who is a first offender under the new law? A first offender is defined in 625 ILCS 5/11-500. This statute states first offenders will include anyone who has not previously been convicted or received court supervision for a violation of Illinois' DUI laws, local ordinances with similar provisions, or the laws of any other state that make it illegal to drive while under the influence of alcohol or drugs. To be considered a first offender, a person must not have had their driver's license suspended for a DUI offense within the previous five years.

Is There an Exemption for Work Vehicles?

Yes, but this exemption does not apply to CDL license holders. If you must drive your employer's work vehicle, you may ask for this exemption. The judge must approve your request and mark that section of your MDDP, and the SOS will make the determination as to your eligibility. If approved, you are required to carry specific paperwork while driving your employer's car, and you must only drive that vehicle in the scope of your employment. This can not be a vehicle that your employer allows you to take home.

How Long Is My Suspension?

Your license will be suspended for six months if you are a first offender and, under the law of implied consent, you submitted to chemical testing (breath, blood, urine), and your test showed that you had a blood alcohol concentration of .08 percent or higher or another positive testing criteria. Your license will be suspended for twelve months if you are a first offender, and you refused to submit to chemical testing (breath, blood, urine). This applies only to first offenders. An MDDP is not available for repeat offenders.

When Will My Suspension Start?

The suspension of your license will start on the 46th day after the date of the sworn report, a document that the police officer submits to the Secretary of State.

What Can I Do?

It is in your interest to file a petition asking the court to rescind your suspension. Contact the Law Offices of Jack L. Zaremba, P.C. today to learn how we can help you file your petition. As a former prosecutor, Attorney Jack Zaremba knows how these cases are handled on both sides, and he knows how to best present your case to avoid your suspension. Our goal is to win the hearing on your petition and to ensure that you will be able to maintain your driver's license. You have a limited amount of time to file your petition, so contact our office today at 815-740-4025 to get started.

Contact Our Joliet DUI Lawyer

To get an honest assessment of your case, give us a call at 815-740-4025 or contact us online for a free consultation. Our experienced DUI defense attorney serves clients in Will County, Grundy County, and Kendall County, including Joliet, Plainfield, Bolingbrook, New Lenox, Romeoville, Mokena, Frankfort, Shorewood, Lockport, Homer Glen, and many more.

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