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Can you save your license when facing an Illinois DUI charge?

Allegations of driving under the influence (DUI) in Illinois are serious criminal charges. Sometimes, people make mistakes that result in a DUI arrest. Other times, issues with the roadside sobriety test or even the performance of a Breathalyzer test could result in the wrongful arrest of someone who was not, in fact, impaired.

People often fixate on the potential for jail time or probation when they worry about the consequences of a DUI offense. There is another issue, which can be problematic for professionals and parents alike.

Typically, any DUI charge will carry with it a suspension of your driver's license. That can have a profound impact on your daily life, which is why many people choose to focus on retaining their license as one of their primary goals in a DUI case.

Illinois allows people to retain limited licenses

In many ways, our society is not built for public transportation. Even in the densest urban parts of Illinois, there are areas that public transit do not reach. More importantly, minor issues at one stop can result in missing connections and similar issues that can make a person quite late.

Repeatedly ending up late for work, school or important appointments can leave you in a vulnerable position. Your child's teachers could send them to detention or adjust their grade to reflect missed class. Doctors may bill you for their time even if you never arrived. Even worse, your boss could write you up for habitual tardiness.

Most people need a car to get where they need to be in Illinois and across the United States. A DUI charge doesn't have to leave you at the mercy of the public transportation system. It may be possible to plead your case in front of the courts and request a restricted license that allows you to drive after the installation of a breath test machine in your vehicle. This license, called a Monitoring Device Driving Permit, helps people retain their ability to drive in certain situations after a DUI charge.

A robust defense could prevent the loss of your license in the first place

While securing a Monitoring Device Driving Permit is always a good option for those already convicted of a DUI, avoiding the loss of one's license is always a better option. While there is a mandatory suspension for anyone who fails or refuses a roadside chemical test, it is possible to challenge that suspension in court and regain your license if you are successful.

Each case is inherently unique, and not all defense options work for each person accused of a DUI. It is important to carefully review your situation and the evidence against you before charting a way forward after a DUI arrest. With the right tactics, you may be able to avoid conviction and prevent suspension of your license.

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Gene Ognibene Associates

Gene Ognibene Associates
103 Ogden Ave
Suite 202
Clarendon Hills, IL 60514

Phone: 630-984-5636
Fax: 630-504-6370
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