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Can an Officer Take my License and Issue a Notice of Suspension?
Whether pulled over by a police officer because they observed driving patterns that were consistent with drunk driving or you were stopped at a DUI checkpoint, many drivers wonder can an officer take their license and issue a notice of suspension. Although each situation is different, if the officer determines the driver is drunk or the officer discovers a pattern of DUI arrests, they do have the authority to take the license of the driver and issue a notice of suspension.
When the police officer takes your driver’s license and issues the notice of suspension, your best defense is consulting with a Chicago DUI attorney before the DMV hearing is scheduled.
Battle to Impose Strict Punishments
The state of Illinois is not resting on the current laws on the books to punish drivers arrested for DUI, new laws are implemented that pose even more penalties on anyone in the state suspected of drinking and driving. One new statutory suspension revocation is targeting drivers who are pulled over under suspicion of DUI and fail to take the breath or chemical tests. The new revocation is not a suspension, it means your driving privileges are taken away for good. The officer might take your driver’s license and issue a notice of suspension, and unless you fight the charges, the state could impose serious penalties when you refuse to take the test.
Don’t risk losing your driving privileges for good, consult with a Chicago DUI attorney who will carefully analyze why the officer felt that probable cause was evident in your case, and look to see if your rights were upheld during the entire arrest.
The Complexities of Illinois DUI Laws
When a driver is pulled over for suspicion of DUI by an officer in Illinois, there are instances where the officer can serve the driver with a notice of suspension. The instances vary significantly for an officer taking a driver’s license, from failing the breath test, injuring another driver while intoxicated, and having a history of prior DUI arrests. Depending the specifics of the situation, once the notice of suspension is issued, the driver has ninety (90) days to make a written request to have a judicial hearing which will be heard by the Circuit Court.
Many drivers do not read the information provided by the officer or take this lightly, and when the allotted time has passed, they have lost the ability to file the appeal. As soon as you are involved with the police in a DUI case, due to all the complexities, it is advised you seek counsel immediately.
Reasons the Office Issued the Suspension Notice
While every DUI case is different, Illinois law is very clear about some of the possible reasons why the police officer issues the notice of suspension at the scene of the DUI stop. These are four instances where the police office can take a driver’s license.
1. The officer who conducted the DUI stop had reasonable grounds that showed the driver was operating a vehicle in the state of Illinois while under the influence of alcohol. The grounds for this determination could be the results of a breath test, chemical test, field sobriety test, or combination of all.
2. The officer found enough evidence to arrest the driver for DUI.
3. When the driver had been advised that their driver’s license would be suspended if they refused to take the breath or chemical test, and declined both tests anyway.
4. When the driver was advised their privileges to operate a vehicle would be suspended if they took and failed a blood or breath test, and the concentration of alcohol in the blood was significantly over the 0.08 legal limit.
Consult with a Chicago DUI attorney if any of these instances occurred. Your attorney still has the chance to subpoena the video of the arrest, the audio from the testing, and the arresting officer. This is the only time other than the criminal trial your attorney has an opportunity to get the officer at the DMV hearing to answer questions. Poking holes in the prosecution case is crucial, your attorney will need as much time as possible to come up with a valid defense.
Personal Injury and DUI
Matters concerning license revocation and notice of suspension at the scene get more complicated when there may be a personal injury or death at the scene. The state has the authority to revoke the driving privileges of the person suspected of DUI. In Illinois, authorities are cracking down on the drunk driving epidemic by imposing more strict laws that result in drivers losing their driving privileges for longer periods of time.