Berwyn, Illinois DUI Lawyer

In Berwyn, 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 charge who lost their driving privileges in Illinois because of a summary suspension will have that time credited to the minimum driver's license period of suspension.

Being charged with DUI is a serious offense that can have serious consequences, including jail time, loss of driving privileges, and monetary fines. It is imperative that anyone facing a DUI charge in Illinois understand what challenges they will encounter. Seeking the legal advice of a competent and knowledgeable DUI criminal defense attorney will help you understand all of your options and rights.

What happens if I was arrested for DUI in Berwyn, 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. While both actions can result in the suspension of your driving privileges, it is very important to remember that there may be additional penalties to consider and each action must be handled on their own.

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. 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.

DUI Penalties for First Time Offenders

• Monetary Fines - Fines for a first time DUI can be up to $2,500.00
• DUI & Driving Privileges - A first DUI conviction results in the loss of driving privileges for at least one (1) year.
• DUI Chemical Test Refusal - An individual who refuses to submit to a test when requested by Illinois law enforcement will lose their Illinois driver's license for 1 year.
• Alcohol Evaluation - Successful completion of an alcohol and drug remedial education program is required for reinstatement of driving privileges.
• Commercial Drivers - Commercial drivers in Illinois are in violation of the DUI statute with a blood-alcohol concentration (BAC) of 0.04. A first time DUI conviction will result in the loss of the commercial driver's license for 1 (one) year, while any subsequent Driving Under the Influence (DUI) offenses will result in a lifetime loss of the (CDL) commercial license.

Berwyn, Illinois DUI:

In Illinois, a driver is legally considered to be under the influence if they have a BAC of .08 percent or greater, have used any illegal substance, or are impaired by medication. A driver's BAC is based on the ratio of alcohol to blood or breath. However, an individual showing alcohol levels between .05 and .08 percent may be convicted of DUI if additional evidence determines that the driver was impaired. When the Illinois General Assembly passed legislation in 1997 to lower the illegal BAC limit to .08 percent from .10 percent, Illinois became the 15th state to impose such a change.

Driving Under the Extreme Influence - BAC (Blood Alcohol Content) level of .16 or greater

A first conviction is a Class A misdemeanor with possible 0-12 months imprisonment; 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.

Driving Under the Influence - Child Endangerment

(driver over age 21 transporting a child under age 16)

First conviction - Mandatory 6 months time in jail and 25 days of community service in a program benefiting children; loss of driving privileges for minimum 1 year; fines of $1,000-$2,500; eligible for RDP; may be required to have a BAIID installed in vehicle as part of driving relief.

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

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

DUI Subsequent Offenses

Penalties are increasingly more severe for any additional DUI (Driving Under the Influence) violations. Due to the complexity of Illinois drunk driving laws, 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.

Contact a DWI criminal defense attorney for a professional and free consultation concerning your DUI (Driving Under the Influence) charge in Berwyn.