Driver’s License Suspension in Illinois
Driving is essential for most suburban residents. We drive to get to work, to take the kids to soccer practice, to grocery shop, to visit friends, to go to the doctor’s office and to attend to dozens of other everyday tasks. However, the right to drive is not guaranteed. Your Illinois driver’s license may be suspended for a number of reasons, including:
- Breathalyzer test failure;
- DUI conviction; or
- Too many moving violations
Illinois employs a point system, so the number of moving violations required to trigger a driver’s license suspension depends on the nature of the violations and how long the driver has been licensed.
Your license may also be suspended for reasons that you might not anticipate, such as:
- Unpaid parking tickets;
- Seriously delinquent child support obligations; or
- Toll violations
Possible resolutions vary depending on the reason for your suspension. In some cases, we will be able to fight your suspension in court, or through an administrative process. In others, resolving the underlying issue, such as unpaid tolls, will allow you to clear the suspension. In still other cases, you will not be able to avoid a driver’s license suspension, but may qualify for a restricted driving permit.
If you’ve received noticed of a driver’s license suspension and want to preserve your right to drive, call us at 630-479-7100 or use the contact form on this site to schedule a free consultation. We’ll examine the grounds for your suspension and explain your options. Take action right now to ensure that you don’t miss critical deadlines.
Breathalyzer Test Refusal Driver’s License Suspension
Under Illinois law, breathalyzer test refusal leads to a mandatory one-year driver’s license suspension. Because this suspension is often described as “automatic,” many drivers mistakenly believe that there’s no way to fight a suspension based on an alleged breathalyzer refusal.
In fact, an Illinois driver whose license is suspended for breathalyzer test refusal has 90 days in which to request a hearing on the suspension. However, the grounds for challenging the suspension are very technical and specific, and time is of the essence. Although you have 90 days in which to request a hearing, simply making the request will not prevent the suspension from taking effect.
Some core grounds on which you may be able to challenge a breathalyzer refusal suspension include:
- There were insufficient grounds for the police officer to have believed that you were driving under the influence;
- The officer failed to advise you of the consequences of breathalyzer test refusal; or
- Knowing refusal was impossible under the circumstances
My years of experience have given me a solid understanding of the grounds for challenging this type of suspension, the procedures involved and the type of evidence required to achieve a favorable outcome.
If you’re facing a breathalyzer refusal suspension and you want to fight, call my office today at 630-479-7100 or fill out the contact form on this site to set up a free consultation.
Restricted Driver’s License after Suspension
In some cases, an Illinois driver whose license has been suspended may be granted a restricted driving permit. The procedure required to petition for a restricted license and the likelihood of the request being granted depend on a number of factors, including the reason for the suspension, the level of risk as determined by the Secretary of State and the reason for the request.
A restricted driving permit may be granted for a small number of specific purposes, including:
- Child care
- Medical appointments
- Alcohol awareness classes
Note that these needs may not be your own. You may qualify for a restricted driver’s permit based on the transportation needs of those who depend on you, including your children and elderly or disabled family members. However, establishing need is only one step in the process.
For the best chance of obtaining a restricted driving permit, work with an attorney who has significant experience in this arena and has a solid understanding of the procedures and the evidence required to successfully petition for a restricted license.
Get the Help You Need with Your Driver’s License Suspension
If your driver’s license has been suspended or you’ve received notice of an impending suspension, take action right now. If you delay, a missed deadline may prevent you from challenging the suspension. Give yourself the advantage that comes from having an experienced attorney in your corner. Call us right now at 630-479-7100 or contact us by completing the form on this site.