DUI Attorney - Champaign, Illinois

Illinois Statutory Summary Suspension

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

What happens if I was arrested for DUI in Champaign?

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 of Illinois. Both actions can result in the suspension of your Illinois driving privileges, but it is important to remember that there may be other penalties to consider. Also, each action must be handled separately.

In Champaign, 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 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 period of suspension.

Being arrested for DUI is a serious offense that can have major repercussions, including jail time, loss of driving privileges, and monetary fines. It is very important that anyone facing a DUI charge in Illinois understand what challenges they will encounter. Seeking the legal advice of an aggressive and professional DUI criminal defense lawyer will help you understand all of your rights and options.

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

• 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 BAC (Blood Alcohol Content) level 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 Driving Under the Influence (DUI) offender faces imprisonment of up to 1 (one) year.
• DUI & Driving Privileges - A first DUI conviction results in the loss of Illinois driving privileges for at least one (1) year.

Driving Under the Extreme Influence - BAC 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 six (6) months imprisonment 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 Subsequent Offenses

Penalties are more severe for additional Driving Under the Influence (DUI) violations. Due to the complexity of BAC (Blood Alcohol Content) level, you may not be aware of your rights and the potential defenses available to your case. For this reason, an accomplished and skilled defense attorney can guide you through this emotionally challenging process. Please contact a lawyer for a fast and free consultation.

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 imprisonment; 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 imprisonment, 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.

Champaign, Illinois DUI:

In Illinois, a driver is legally considered to be under the influence if they have used any illegal substance, have a BAC of .08 percent or greater, or are impaired by mediacation. 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.

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