Carbondale, Illinois DUI Attorney

Statutory Summary Suspension

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

What happens if I was arrested for DUI in Carbondale?

Pursuant to Illinois law, once you have been cited for violating the DUI statute, the state initiates two separate and simultaneous legal actions against you. A criminal action is brought against you in response to the ticket you were issued, while an administrative action is brought against your driver's license by the Secretary of State. Both actions can result in the suspension of your Illinois driving privileges, but it is crucial to remember that there may be other penalties to consider. Also, each action must be handled on their own.

If an individual is arrested for DUI, it is a serious offense that can have serious repercussions, including jail time, loss of driving privileges, and monetary fines. It is imperative that anyone facing an Illinois DUI charge understand what challenges they will encounter. Seeking the legal advice of a competent and skilled DUI lawyer will help you understand all of your rights and options.

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

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
• 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 DUI (Driving Under the Influence) offenses will result in a lifetime loss of the (CDL) commercial license.
• Chemical Test Refusal - Refusing to submit to a test when requested by law enforcement will result in the revocation of driving privileges for 12 months.
• Alcohol Evaluation - Successful completion of an alcohol and drug remedial education program is required for reinstatement of driving privileges.
• Jail Time - A first time DUI offender faces imprisonment of up to 1 (one) year.
• DUI & Illinois Driving Privileges - A first DUI (Driving Under the Influence) conviction results in the loss of Illinois driving privileges for at least one year.

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

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

Carbondale, 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. 2004 BAC levels 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.

DUI Subsequent Offenses

Penalties are more severe for additional Driving Under the Influence (DUI) violations. Due to the complexity of blood-alcohol concentration (BAC), 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 lawyer for a consultation concerning your Driving Under the Influence (DUI) charge in Carbondale, Illinois.