Chicago, Illinois DUI Law Attorney
Under the new DUI laws, the license suspension periods for first time DUI offenders who register a blood alcohol content of .08 or over will increase from 3 months to 6 months. Likewise, the license suspension period for first time DUI offenders who refuse chemical testing will increase from 6 months to 12 months. Due to the increased severity of these suspensions, it is extremely important to immediately contact the law office of Michael T. Norris Ltd. and John Callahan Ltd. if you have been arrested for a DUI. There are motions that we can file prior to the first court date that may help defeat and rescind the suspension. If this course of action somehow proves ineffective, we can still help the first time DUI offender request a DUI hardship license (MDDP) that allows him or her to drive during the course of the suspension. Please note, if you accept the MDDP you cannot drive for the first 30 days of the suspension or you risk going to jail.
In addition to these increased periods of license suspension, the new DUI laws also require the first time offender to participate in the Secure Continuous Remote Alcohol Monitor (SCRAM) program or to install a breath alcohol ignition interlock device (BAIID) for a period of 5 to 11 months. Accordingly, once a Monitoring Device Driving Permit (MDDP) is issued by the court, the driver must either agree to wear the SCRAM monitoring device on their leg or blow into the BAIID each time they get behind the wheel.
At Michael T. Norris Ltd. and John W. Callahan Ltd., our lawyers advise and represent first time and multiple DUI offenders. If you've been arrested for a first time DUI, our first course of action will be to immediately file a petition to have your license suspension rescinded. This immediate and aggressive action is what separates us from other DUI attorneys. If you are somehow forced into accepting an MDDP, we will help you with all related matters. To schedule an appointment and learn how we can help you, contact DUI defense attorneys at Michael T. Norris Ltd. and John W. Callahan Ltd. today.
Qualifying for a MDDP
The following requirements must be met in order to qualify for a MDDP:
- Driver must be over 18 years of age
- Driver must already have a valid driver's license
- Driver cannot have a Summary Suspension within the last 5 years
- Driver's DUI arrest cannot involve a fatal accident or injury to others
- Driver has not been previously convicted for a reckless homicide or aggravated DUI which involved a fatality
Driving with a BAIID
If the court issues a MDDP and orders a BAIID, you will be required to pay for the installation of this ignition interlock device at a cost of $150 and pay a monthly fee of $100. In addition, you must also pay a monthly fee of $30 to the Secretary of State for monitoring and administrative costs.
After the BAIID is installed, you must blow into the device before the car will start. If you register a blood alcohol content of .024 or above, the ignition interlock device will not allow the car to start. If you do start your car, you will be required to periodically blow into the device as you are driving. If you fail to blow into the device while driving, the car horn will sound and your lights will flash.
Opting for the SCRAM Device Program
Unlike an ignition interlock device, a SCRAM does not attach to your car. Similar to an ankle monitor, a SCRAM attaches to your leg and measures alcohol content in the body's perspiration. The device records and transmits information to a central monitoring station. If a SCRAM detects BAC above .024, the authorities will be alerted and you will be arrested. A SCRAM device costs roughly $15 a day.
False Positives - Why You Need and Attorney
Despite claims on the part of law enforcement and BAIID and SCRAM developers, false-positive readings still occur. Our attorneys are familiar with the scientific challenges posed by these devices and are fully prepared to consult experts, lab technicians and other professionals in challenging false-positive readings.
To schedule an appointment and discuss your case, contact the law office of Michael T. Norris Ltd. and John W. Callahan Ltd. today. Our attorneys have a comprehensive understanding of the new DUI laws and will always take the time to explain your options.
