Two Types Of DUI Penalties
If arrested for DUI, you face the prospect of not one conviction, but two: one in criminal court and one in civil. The moment you fail the breath, blood or urine test, under laws in Chicago, you are automatically civilly convicted for drunk driving and face an automatic revocation of your driver’s license for up to one year. An administrative hearing can allow you to appeal this action.
Common Questions About Administrative Hearings
In order to appeal your automatic or “per se” conviction in civil court, you will need to file a request for a hearing within 90 days. An attorney can file the needed forms and answer questions about administrative hearings, including:
- What is an administrative hearing? An administrative hearing is gives you and your attorney the opportunity to appeal the civil conviction you received that resulted in your license being suspended.
- When does it occur? The hearing must be requested within 90 days of the date of your suspension notice. The actual hearing itself must occur within 30 days of the request, or on the first day you appear in court for the criminal charges.
- Can I have an attorney represent me? Not only can you have an attorney represent you, you are recommended not to attend without one. Court procedure — whether criminal or civil — is complicated. Failure to follow that procedure could result in your case not being heard, or even being dismissed at the prosecutor’s request.
It is imperative that you protect yourself and your rights. Do you know what you are required to answer in court and what you can choose not to answer? Would you be able to effectively cross-examine the arresting officer? The answer is probably not. Being unaware of the rules of court could result in more harm than good.
What will happen at the hearing? Much like a criminal court, you will be able to present your case before the judge, as will the prosecution. Only four issues may be legally considered. They are:
• Whether your arrest was legal — did the arresting officer have the right to stop you, was there reasonable suspicion that can be clearly communicated regarding why the officer thought you may be driving under the influence?
• Can the prosecution show that there was reasonable cause to believe that you were in control of or driving the vehicle while you were impaired by alcohol or drugs?
• Did you refuse the chemical test (this results in an automatic six month suspension regardless of your blood alcohol content.
• If you submitted to the test, did the test show your BAC to be .08 or higher or was it found to contain cannabis or other illegal substances?
What happens after the hearing? The judge will make a decision regarding the factors listed above. If it is found that you that you were not legally arrested, in control of the vehicle while impaired, or did not register a .08 for alcohol or any amount of illegal drugs, your suspension will be nullified, your license reinstated and your driving record amended accordingly.
