Q: What Is the Difference Between a DUI and a DWI in Illinois?

In Illinois, the legal term is Driving Under the Influence (DUI). Other states may use terms like Driving While Intoxicated (DWI) or Operating While Impaired (OWI), but they refer to similar offenses involving impaired driving. If you are searching for information about a “DWI” in Illinois, you are likely dealing with a DUI charge. Our experienced attorneys can help you understand the Illinois DUI process and the best course of action in your case.

Question 1

What Is the Difference Between a DUI and a DWI in Illinois?

Accepted Answer

In Illinois, the legal term is Driving Under the Influence (DUI). Other states may use terms like Driving While Intoxicated (DWI) or Operating While Impaired (OWI), but they refer to similar offenses involving impaired driving.

If you are searching for information about a “DWI” in Illinois, you are likely dealing with a DUI charge. Our experienced attorneys can help you understand the Illinois DUI process and the best course of action in your case.

Question 2

Do I Need a Lawyer for My DUI?

Accepted Answer

Driving under the influence ('DUI') is a criminal offense with serious potential consequences. DUI also carries significant license consequences based upon whether you submit to or refuse testing as well as whether you are convicted of the offense. Securing the legal representation of an experienced Illinois DUI attorney is essential.

The law in Illinois governing DUI is extremely complex with a constantly changing landscape. A charge of DUI is generally comprised of 2 separate cases:

A summary suspension of your driver’s license and driving privileges based on submitting to and failing a chemical test (breath, blood and urine) or refusing the request for testing; and
The criminal charge(s) for DUI which can result in jail, fines and the revocation of driving privileges upon conviction. Motions for discovery, subpoenas, and pre-trial motions need to be prepared, filed and presented properly before the court.

An experienced Illinois DUI attorney knows exactly which defenses may be available in your case and can help ensure the best result possible. Your DUI attorney should guide you through the process, ensuring that the legal consequences of your arrest and effect on your life are minimized. The DUI lawyers at The Davis Law Group, P.C. welcome the opportunity to provide a free initial consultation.

Question 3

What Should I Say if a Police Officer Asks to Search My Vehicle?

Accepted Answer

Do not give consent to the police to search your vehicle. Politely tell the officer that you have been advised not to consent to police searches of any kind. Do not take any action that would imply permission for a search, such as handing the officer your car keys or opening your doors.

If the officer warns that he/she will obtain a warrant or call for a drug-sniffing dog, again remain calm and politely refuse to consent to the search. Refusing to consent to a search of your vehicle gives your defense attorney a better chance of challenging an unlawful search in court.

Question 4

What Should I Say if the Police Officer Asks to Search My Person?

Accepted Answer

Do not give consent to the police to search your person. Politely tell the officer that you have been advised not to consent to police searches of any kind. Do not take any action that would imply permission for a search, such as opening your jacket or pulling out your pockets.

Illinois law allows officers to pat down/frisk you as long as they have a ‘reasonable, articulable suspicion’. This pat down is meant for their own safety to ensure that you do not possess any weapons. Refusing to consent to a search of your person will allow your defense attorney the best opportunity to challenge an illegal search in court.

Question 5

Can You Get Your Revoked License Reinstated?

Accepted Answer

Yes, it’s possible, but you’ll need to comply with certain requirements.

Driver’s licenses are revoked for a wide range of reasons, including but not limited to:

A DUI conviction;
Leaving the scene of an accident resulting in death or personal injury;
Drag racing/Street racing;
Aggravated fleeing and eluding a police officer involving speeding 21 miles per hour or more over the limit, property damage of $300.00 or more; disobedience of two or more traffic control devices;
Two convictions for illegal transportation of open liquor where the person is under age 21;
Any felony involving the use of a motor vehicle.

Note: This is only a partial list of offenses that may cause a suspension or revocation.

For example, if you lost driving privileges after a DUI conviction, you must do the following to get your revoked license reinstated:

Maintain a clean driving record by not driving illegally
Undergo a drug and alcohol evaluation
Participate in a remedial education program and/or treatment for substance abuse
Provide proof of economic responsibility
Meet with the hearing officers of the Secretary of State’s office
Pay an application fee along with the driver’s license reinstatement fees ($500)
Pay a $50 filing fee if you are required to have a formal reinstatement hearing or, if eligible, a no fee informal hearing
Appear before a hearing officer with the required documentation and receive a favorable decision
File proof of financial responsibility
Pass a driving test, a written exam, and a vision test

Question 6

How Do You Get Your Revoked License Reinstated?

Accepted Answer

A revocation is the indefinite loss of driving privileges. There is no ‘automatic’ reinstatement even after the period of revocation ends. Instead, a person becomes ‘eligible’ for reinstatement and cannot drive until first appearing at a hearing before the Secretary of State and being granted driving privileges.

When the Secretary of State grants you reinstatement or a restricted driving permit, your privileges will be fully or partially restored.

The Illinois Secretary of State conducts two types of license reinstatement hearings: formal and informal. You may have an informal or formal hearing if you have only been arrested for DUI once.

Generally, formal hearings are required when:

The person has more than one DUI disposition including a prior supervision, suspension, revocation or reckless driving reduced from DUI.
The basis for the revocation is an offense involving a death.
The person is seeking a modification or rescission of an order of revocation or suspension.
The person has had a Monitored Device Driving Permit (MDDP) canceled and now wishes to be considered for issuance of a Restricted Driving Permit (RDP)

All informal hearings are held on a first-come, first-served basis, and there is no need to make an appointment in advance. Only you, your lawyer (if you hire one), and the hearing officer need to be present. Although it may take a few months, you will eventually receive a letter granting or denying you driving privileges. The letter will also explain the reason for the decision if you are denied privileges. If you are denied at an informal hearing, you can’t appeal it, but you can have another hearing 30 days later or you can request a formal hearing.

In the case of formal hearings, following receipt of the request, the Secretary of State will provide written notice of the date and time of the hearing either by regular mail or email. These proceedings, which are recorded, are also attended by an attorney for the Secretary of State, and the decision takes the form of a detailed order. You have the right to appeal the decision to the circuit court or seek another formal hearing once every three months.

The rules of the Secretary of State’s office are complicated and a high percentage of applications are denied.

It is strongly recommended that anyone seeking to obtain driving privileges after a revocation, particularly for DUI, contact a license restoration attorney.

The Secretary of State will not grant any driving privileges unless and until it is satisfied that you are not a risk to the public safety and, in many cases, that an ‘undue hardship’ has resulted from the loss of license.

The burden of demonstrating this is on you at the time of the hearing. In other words, the Secretary of State does not have to prove that you are a risk; rather you must demonstrate to the satisfaction of the State that you are not a risk. This is an extremely difficult burden for most people to meet, particularly those who have been arrested for multiple offenses or more serious offenses.

The minimum period of revocation (before a person becomes eligible to be considered for reinstatement) can depend on such factors as the nature of the offense that caused the revocation and the person’s past driving record.

Question 7

What Should I Do if I Am Stopped for a Traffic Ticket in Illinois?

Accepted Answer

Pull over in a safe manner as soon as reasonably possible. Put your vehicle in park, and turn off your engine and radio. Turn on your overhead light if it is dark outside, keep your hands visible (i.e. on the wheel), and roll down your window. It is usually best to wait to take out your driver’s license and insurance once requested by the officer. Any actions, such as reaching into your wallet, center console, or glove compartment may be considered ‘furtive’ movements by the officer.

Although being stopped by a police officer can be a frustrating and stressful experience, remain calm and friendly. Your attitude is extremely important during this process and can influence the ultimate resolution. Do not make excuses or argue with the officer.

If the officer asks you if you know why you were stopped, do not admit guilt. It is very possible that you are being recorded with video and/or audio and this evidence can later be used in court. Politely let the officer know that you are not sure why you were stopped.

If the officer claims that you committed a traffic violation, ask if he/she would consider issuing a warning rather than a traffic ticket. If the officer decides to issue you a traffic ticket, you should contact a traffic attorney while the details are still fresh in your mind to discuss the situation and your options.

Question 8

Do I Need a Lawyer for an Illinois Traffic Ticket?

Accepted Answer

You should always seek legal advice from an attorney when it comes to handling an Illinois traffic ticket. A driver should not step into court without understanding their options and the consequences of a conviction. In Illinois, it is typically not required that you retain the services of a traffic lawyer unless your traffic ticket rises to the level of a criminal offense (i.e. Speeding 26+ over the posted speed limit). Regardless, legal representation even on a petty traffic offense can make a world of difference depending on the specific circumstances surrounding your case.

Receiving a traffic ticket and appearing in court can be a stressful ordeal. An experienced Illinois traffic ticket attorney can help guide you through the process and often achieve the best result possible. An attorney may be able to reduce or completely eliminate the negative effects on your driver’s license.

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