DUI Lawyer - Arlington Heights, Illinois

What happens if I was arrested for DUI in Arlington Heights, Illinois?

Under Illinois law, once you have been cited for violating the DUI statute, the state initiates two simultaneous, yet separate legal actions against you. The criminal action is in response to the ticket that was issued to you, while the administrative action is brought against your Illinois driver's license by the Secretary of State of Illinois. While both actions can result in the suspension of your driving privileges in Illinois, it is important to remember that there may be additional penalties to consider and each action must be handled separately.

In Arlington Heights, Illinois, the DUI criminal charge is prosecuted and adjudicated in the courts. This charge is separate from the Statutory Summary Suspension, which is an administrative process. A person convicted of an Illinois DUI who lost their driving privileges because of a summary suspension will have that time credited to the minimum driver's license period of revocation.

Being arrested for DUI is a serious offense that can have serious consequences, including fines, jail time, and loss of driving privileges. It is important that anyone facing a DUI charge in Illinois understand what challenges they will encounter. Seeking the legal advice of an accomplished and skilled DUI criminal defense attorney will help you understand all of your rights and options, including any defenses you might use.

Statutory Summary Suspension

A Statutory Summary Suspension automatically suspends the Illinois driver's license of a DUI offender who fails to complete, refuses to submit to, or fails chemical testing. The suspension becomes effective on the 46th day after the date of the suspension notice.

Administrative Hearing

Pursuant to Illinois law, an individual has 90 days to request a hearing to challenge a Statutory Summary Suspension from the Secretary of State of Illinois. In order to preserve your right to an Administrative Hearing, it is crucial that you submit your request to the Secretary of State within 90 days.

Penalties for First Time DUI Offenders

• Commercial Drivers - Commercial drivers are in violation of the DUI statute with a BAC (blood-alcohol concentration) of 0.04. A first time DUI conviction will result in the loss of the commercial driver's license for 1 year, while any subsequent DUI offenses will result in a lifetime loss of the commercial license.
• Jail Time - A person convicted of a DUI for the first time faces jail time of up to 1 year.
• Alcohol Evaluation - Successful completion of an alcohol and drug remedial education program is required for reinstatement of driving privileges.
• Driving Privileges - A DUI conviction results in the revocation of driving privileges for a minimum of 1 year.
• Monetary Fines - Fines for a first time DUI in Arlington Heights, Illinois can be up to $2,500.

DUI while Suspended or Revoked for Previous DUI; Leaving the Scene of a Personal Injury or Fatal Crash; Reckless Homicide; or Aggravated Driving Under the Influence (DUI) with a Death

• A first conviction is a Class 4 felony with possibility of 1-3 years jail time; loss of driving privileges for twice the original suspension period or additional 1-year revocation.
  • If suspended for previous Driving Under the Influence (DUI): Additional 30 (thirty) consecutive days jail time, 40 (forty) days of 24-hour periodic imprisonment or 720 hours community service (terms of imprisonment or community service not subject to suspension or reduction); not eligible for probation; fines of up to $2,500; and may result in forfeiture and seizure of vehicle.

DUI Subsequent Offenses

Penalties are more severe for additional Driving Under the Influence (DUI) violations. Due to the complexity of BAC (blood-alcohol concentration), you may not be aware of your rights and the potential defenses available to your case. An experienced and competent attorney can guide you through this emotionally challenging process. Please contact a lawyer for an immediate, free consultation.

Driving Under the Extreme Influence - BAC of .16 or greater

A first conviction is a Class A misdemeanor with possible 0-12 months time in jail; loss of driving privileges for minimum 1 year (if under 21, minimum 2 years); 100 hours community service; fines of $500-$2,500; eligible for RDP; may be required to have a BAIID installed in vehicle as part of driving relief.

Contacting a DWI lawyer for a fast, free consultation concerning your Driving Under the Influence (DUI) charge in Arlington Heights, Illinois can help.