Ray Flavin's Legal Blog

A few recent clients have had CDL's and have been arrested for DUI.  There has been some discussion about what are the effects, and some CDL holders are not up to date.  For clarity sake there are two rules to know:

First, if you refuse a breathalyzer, you are DQ'd (disqualified) for 12 months.

Second, if you enter a plea of guilty, even if you get SUPERVISION, you are DQ'd for 12 months.

The disqualifications are not separate, that is they don't add to one another.

When dealing with the CDL holder is is very important to negotiate the charge to something other than DUI.

Ray Flavin

Posted by lawblog at 01:55 PM | Permalink

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Although I seriously doubt this blog's effect on McHenry County DUI statistics or even Illinois DUI law. awhile ago I wrote that Illinois should change the way they allow drivers to drive during their suspensions. Unbelievably, the "rocket scientists" in our legislature decided to change the law.  Perhaps they read my blog.   It appears that beginning 2009 drivers will receive a MDDP (a new kind of driving permit) automatically.  An idea to which I can only reply, Duh! (or its about time)

However, as always with our pre-paid legislature (a lot like a pre-paid phone card, but it screws up more), there is an interesting twist.  ALL DRIVERS WILL HAVE TO HAVE A BREATHALYZER INSTALLED IN THEIR CARS IN ORDER TO DRIVE DURING THEIR SUSPENSIONS.

Why is this interesting?  Well, in the last session of the legislature they passed a law that all houses must have a Carbon Monoxide Detector (making the detector makers giddy).  One question, how much did the breathalyzer makers pay to get this law passed?

Ray Flavin

Posted by lawblog at 12:14 PM | Permalink

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