For many Americans, moving from one state to another is a chance to start brand new. Moving is an opportunity to leave the person you were behind and to create a new beginning. Occasionally the past can leap out and bite us when we least expect it. What if one of the hidden details from the past is a DUI conviction? How would that affect your standing now that you have moved to Illinois?

The Circumstances

Two different DUI scenarios exist in which what happens in the other state will have a direct impact on an Illinois driving record. These scenarios are:

No one ever anticipates being the recipient of a DUI charge when they begin their drive. If we had that information, perhaps more individuals would choose one of the many alternate options to make it to their destination. However, once a driver has been pulled over safely, it is the duty of the officers to complete standard procedures. If the officer fails to complete the routine in a legal manner, anything that the driver is charged for, including driving under the influence of alcohol or marijuana, may be susceptible to being dismissed.

Chronological Order of a DUI Traffic Stop

Officers endure extensive training programs to be prepared to follow protocol instinctively during a traffic stop. If the officer strays from the guidelines set for them, they potentially may also be in violation of the law. The steps flow in such a way to protect the rights of citizens, and these rights are not to be infringed upon. These measures include:

It may go entirely against your self-preservation instincts. It may go against everything your family and friends have advised you to do. Yet, there may be some added benefits, depending on your case, to plead guilty to your charge of driving under the influence (DUI). If you think you may want to explore this option, then it really should be done so under the supervision of a lawyer to ensure that it is the best option and that you are not making a serious error.

Benefits of Pleading Guilty

As aforementioned, we are in no way suggesting to go around admitting guilt haphazardly. To do so could be disastrous to any legal claim you may have. It is always the best route to not say anything without a lawyer present, because, as stated in our Miranda Rights, “Anything you say may be used against you in a court of law.” Yet, depending on the details of your situation, you may want to consider and weigh all of your options carefully. A few of the benefits of entering a guilty plea are:

If you are arrested or accused of driving under the influence or while intoxicated, you will automatically be faced with having your license suspended, known in the state as statutory summary suspension. In addition to your license being suspended, you will also be facing possible fines or jail time. Statutory summary suspension makes it all the more crucial that if you are arrested on such charges that you being dialogue with a qualified legal professional right away. 

For many people, having a suspended license means no way to get to work, to pick up children, or to carry on with necessary daily routines. Your attorney can work with you to file a petition before a judge in order to negate the suspension following a DUI arrest, but there is only a 90-day window to do so. That is, you only have three months from the day of the alleged incident to submit the petition in writing and file it with the Clerk of the Circuit Court. Failure to do so could mean that your license will be suspended throughout the duration of your case — resulting in losses greater than they otherwise could be.

Even in the chance that the judge rescinds your license suspension, you will still be driving on a restricted license. The state of Illinois requires that any person who has petitioned a judge for use of a restricted license must drive a car that has a breath alcohol ignition interlock device (BAIID) installed. These devices limit use of the car if the person operating it registers a blood alcohol content (BAC) above the legal limit.

Driving under the influence of alcohol is the first thing that comes to mind when someone mentions a DUI charge. However, there are other substances besides alcohol that may result in a DUI traffic stop if you drive after you have consumed. In the state of Illinois, it is illegal to drive under the influence of alcohol, marijuana, other drugs, or any combination of these. Yet, the new Medical Cannabis Act may change everything with regards to DUI.

The Law before the Change

The state of Illinois has, rather used to have, one of the strictest policies when it came to driving while under the influence of marijuana. Before all of the medicinal marijuana law changes, many states adopted a per se law for marijuana, similar to the blood alcohol concentration measurements. With alcohol, in order to be charged and potentially convicted of a DUI, the blood alcohol concentration in an individual’s system must be at 0.08 percent or higher. In regards to marijuana, several states chose their own levels of impairment. In Washington, it was five nanograms per milliliter (5 ng/mL). In other states such as Ohio and Nevada, their limit was two ng/mL. Still, Illinois had a zero tolerance for marijuana. If any marijuana was found in your system, be it through a blood or urine sample, you would be charged with a DUI. This was referred to as a “trace law”.