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McHenry County DUI defense lawyerMost people know that you can lose your driver’s license if you are arrested for driving under the influence of alcohol or drugs (DUI) in Illinois. However, many people do not realize that there might be a way to get the suspension of your driver’s license rescinded, but doing so generally requires the help of a qualified attorney.

You Have the Right to a Court Hearing Regarding Your Suspension

If you fail or refuse chemical testing following a DUI arrest, the state of Illinois imposes an automatic suspension of your driver’s license—known as a “statutory summary suspension.” For most people, this suspension lasts six months if you failed testing or 12 months if you refused testing. The law in Illinois, however, gives you the right to a court hearing to challenge the suspension. At this hearing, your lawyer can question police officers and present arguments as to why your license should not have been suspended.

If you hope to have your automatic suspension rescinded, you will need to prove one of the following:

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Out-of-State DUI Convictions Have Illinois ConsequencesWith the Fourth of July approaching, many people will extend their weekends in order to take mini-vacations. Wherever you choose to spend the holiday, the area police will be looking for people driving under the influence of alcohol or other intoxicating substances. Holidays are often a time of increased recreational drinking, which may increase the number of intoxicated drivers on the road. You can expect to see DUI checkpoints and a greater police presence at high-traffic areas. DUI charges are a serious matter in every state, but being arrested in a state you are visiting makes the matter more complicated. You will need attorneys who understand the DUI laws in both the state you live in and the state you were charged in. An out-of-state DUI conviction can result in punishment from your home state.

Out-of-State DUI

If you are an Illinois resident who has been charged with DUI in another state, you are subject to that state's DUI laws and penalties if convicted. Some DUI laws are universal, such as an 0.08 blood alcohol content being the legal limit for drivers. All states also have implied consent laws that can punish you for refusing to take a BAC test. States' DUI laws may differ in:

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Things You Do Not Want to Say in a DUI Investigation, DUI, Roadside tests, McHenry County DUI defense attorney, impaired motor skills, driving under the influenceWhen a law enforcement officer in McHenry County pulls you over and begins an investigation to determine if you are too impaired to drive, what you say can – and will – be used against you by the officer. Your own words can not only be used to help the officer establish probable cause for your arrest, but also help establish in court your guilt beyond a reasonable doubt. Making matters worse, some individuals become excessively verbose when they are under the influence.

Avoid Making These Statements When You are Pulled Over for Impaired Driving

In any roadside investigation, it is generally advisable to say as little as possible to the investigating officer. However, the following statements are especially problematic in the context of an impaired driving investigation:

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THC DUI StopsA criminal charge for driving under the influence (DUI) does not necessarily have to be for drunk driving. The charge covers driving while under the influence of any kind of intoxicants, including drugs. However, when police suspect that someone is driving while intoxicated, their primary method of gathering evidence – the breathalyzer – only measures blood alcohol content (BAC). This is useless for people who are suspected of drugged driving. Unfortunately, law enforcement has not been deterred by this complication and instead lets police officers use their discretion when choosing whether to arrest someone for drugged driving.

Now, though, those days of extreme police discretion might soon be in the past, as Stanford engineers have developed a portable device that measures the amount of marijuana that is in your saliva.

Stanford Engineers Create “Potalyzer” for DUI Stops

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