How to Beat a License Suspension in Chicago
One of the most stressful aspects of a DUI case is the potential loss of your driving privileges. At Combs Waterkotte, we understand that you rely on your ability to drive to transport your kids to school, maintain employment or simply live a quality life. We represent clients in both their Chicago criminal court proceedings and at their driver’s license suspension hearings.
When you’re facing a DUI in Chicago and you want to understand how to beat a license suspension, we encourage you to contact Combs Waterkotte immediately at (314) 900-HELP or reach out online to schedule a free, confidential consultation with one of our proven, Chicago DUI defense attorneys.
What This Guide Covers
- Filing a Petition to Rescind
- Requesting a Judicial Hearing
- Establishing Legal Grounds for Rescission
- Negotiating a Plea Deal
- Obtaining a Monitoring Device Driving Permit
- What Happens if You Do Nothing After a DUI Arrest
- The Benefits of Obtaining our Chicago DUI Defense Lawyers
Filing a Petition to Rescind
Within 90 days of your arrest, you will have to file a petition to rescind statutory summary suspension. Filing within the first 14-30 days is advised, so you can have a hearing before the 46 day suspension of your license begins.
Requesting a Judicial Hearing
Once a petition has been filed, you can typically expect a hearing to take place within 30 days. If the prosecutor isn’t ready within 30 days, then the suspension can be thrown out and you may be able to keep your driving privileges.
Establishing Legal Grounds for Rescission
When you consult with our DUI defense lawyers at Combs Waterkotte, we may be able to identify one of the specific statutory grounds to prove your suspension was wrongful, such as:
- The Police Didn’t Have Probable Cause
- You Were Not Read the “Warning to Motorist” About Refusing/Failing a Chemical Test
- Your BAC Level Was Actually Below 0.08%
- You Did Not Actually Refuse to Test
- Technical Mistakes Were Made in the Paperwork
- Illegal Arrest Procedures Occurred
Negotiating a Plea Deal
Sometimes, a prosecutor is willing to rescind the summary suspension in exchange for a guilty plea, which could result in court supervision to keep the conviction off your permanent record. While our legal team at Combs Waterkotte is skilled at obtaining case dismissals and not guilty verdicts, we are also experienced with negotiating plea deals, when that would be the most advantageous approach in your case.
Obtaining a Monitoring Device Driving Permit
If you are unable to beat your suspension, however, you should know that first-time offenders are eligible for a Monitoring Device Driving Permit (MDDP) in Illinois. With this option, you will have to install a Breath Alcohol Ignition Interlock Device (BAIID) to continue to drive legally during your suspension period.
What Happens if You Do Nothing After a DUI Arrest
After you have been pulled over for a DUI, the next steps can feel overwhelming to navigate. You are facing a criminal DUI case and a driver’s license suspension case which each come with separate legal proceedings, their own deadlines, procedures and potential outcomes.
When stress and confusion set in, some Chicago residents make the costly mistake of doing nothing.
This is dangerous for a number of reasons. These cases move fast and strict deadlines apply to filing a petition to rescind your statutory summary suspension. If you miss these deadlines, you will limit your legal options and make it difficult to protect your driving privileges, moving forward.
When you retain DUI defense services, you will be protecting yourself from making missteps that could jeopardize the outcome of your case. A DUI defense lawyer can help you avoid making self-incriminating statements, challenge any evidence against you, identify strong legal grounds for a rescission and more. By acting quickly, you will ensure you meet strict filing deadlines, begin building a strong defense and fight for the best possible outcome in your Chicago criminal and license suspension cases.
The Benefits of Obtaining Combs Waterkotte as Your Chicago DUI Defense Lawyer
When you are facing unknown DUI laws and procedures, securing the right legal advocate in your corner is nonnegotiable.
When you retain the services of our Chicago DUI lawyers at Combs Waterkotte, you will be benefitting from:
- Experience with Statutory Summary Suspension Hearings
- Experience with Filing Motions to Suppress Illegal Stops/Arrests
- Experience with Challenging Breathalyzer Calibration and Maintenance
- Experience with Evaluating Dismissal vs. Trial vs. Negotiation Strategies
- Experience with Cook County Courts and Local Prosecutors/ Judges
- Experience with Handling Criminal DUI and License Suspension Cases Simultaneously
For the skilled and aggressive legal representation you need in your corner throughout your DUI case, contact Combs Waterkotte now at (314) 900-HELP or reach out online to schedule a free, confidential consultation with one of our knowledgeable Chicago criminal defense attorneys.
