Jason Ramos309.676.7435

DUI – DRIVING PERMITS

You have been arrested for DUI, are you eligible for a driving permit?

If you have been arrested for a DUI and you refuse the breath, blood or urine test or you register over a .08 on any of those tests, your license will be suspended on the 46th day after your arrest or after the notice of your suspension was given to you. If you have not had a prior DUI or DUI suspension within the last 5 years, then you are eligible for a monitoring device driving permit. Call the Ramos Law Office at 309-679-9363 to discuss obtaining a monitoring device driving permit for you. Please be aware that the law will be changing on January 1, 2009, and breath interlock ignition device will be required to be installed in your vehicle for all monitoring device driving permits. Click to see a recent article in the Peoria Journal Star quoting Jason Ramos on these new permits at
http://www.pjstar.com/archive/x1788461572/Attorneys-say-new-DUI-law-leaves-questions.

Can my DUI suspension be lifted completely?

You have a right to a hearing to lift your suspension. If a petition to rescind your summary suspension is filed on your behalf, a hearing must be held within 30 days. Some of the grounds on which a judge may lift your suspension include the officer not having a valid reason to pull you over, the officer did not have reasonable suspicion to believe that you were under driving under the influence, you were not driving on a public roadway and you did not refuse to take the test. Please call Jason Ramos at 309-679-9363 to discuss this petition to rescind your statutory summary suspension.

Additional information on the Monitoring Device Driving Permit (MDDP)

– If you are 18 years of age or older and a “first offender” as defined in section 625 ILCS 5/11-500, you may petition the Court for a Monitoring Device Driving Permit (MDDP).

– MDDP is not available for the first 30 days of “hard time” of the suspension, so you will need to make alternative transportation arrangements for first month after the suspension begins.

– MDDP requires that a Breath Alcohol Ignition Interlock Device (BAIID) be installed on your vehicle in order to legally drive on your MDDP.

– Costs for the BAIID. Installation will cost approximately $85, which is paid to the vendor. The monthly rental fee for the BAIID will be approximately $80, which is paid to the vender with possible additional monthly calibration fees. There also is a monthly monitoring fee of $30 that is payable all up front to the Secretary of State.

– MDDP will allow you to drive 24 hours a day and for any reason, as long as you can blow under a .025 on the BAIID.

– BAIID will require “rolling retests” which means that the device will make you blow into it periodically while you are driving or else the horn honks and the lights will flash.

– An exception exists to allow people who drive work vehicles as part of their employment to drive those vehicles without a BAIID device (certain restrictions apply).

– Violations of the BAIID can cause extensions to your suspension.

– If you are caught driving without the BAIID during your period of suspension, it is a Class 4 Felony.

FOR MORE INFORMATION ON THE BAIID OR MDDP, CONTACT THE RAMOS LAW OFFICE AT 309-679-9363.

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