Get help from an Illinois DUI Attorney

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 important that anyone facing an Illinois DUI charge understand what challenges they will encounter. Seeking the legal advice of an assertive and professional DUI criminal defense 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 Illinois driving privileges because of a summary suspension will have that time credited to the minimum driver's license revocation period.

What happens if I was arrested for DUI in Chicago, 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 driver's license in Illinois by the Secretary of State of Illinois. While both actions can result in the suspension of your driving privileges, it is crucial to remember that there may be additional penalties to consider and each action must be handled on their own.

Statutory Summary Suspension

A Statutory Summary Suspension automatically suspends the driver's license in Illinois 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.

DUI Penalties for First Time Offenders

• DUI & Driving Privileges - A first DUI conviction results in the loss of driving privileges for at least one (1) year.
• Commercial Drivers - Commercial drivers are in violation of the DUI statute with a BAC level 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.
• Monetary Fines - Fines for a first time DUI can be up to $2,500.00
• DUI Chemical Test Refusal - An individual who refuses to submit to a test when requested by Illinois law enforcement will lose their driver's license in Illinois for 1 year.
• Jail Time - A first time Driving Under the Influence (DUI) offender faces time in jail of up to 1 (one) year.
• DUI & Driving Privileges - A first DUI conviction results in the loss of driving privileges for at least one (1) year.

Driving Under the Influence - Child Endangerment

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

First conviction - Mandatory 6 (six) 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.

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.

Chicago, 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. 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 increasingly more severe for any additional Driving Under the Influence (DUI) violations. Due to the complexity of Illinois DUI 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 lawyer for a quick and easy consultation concerning your Driving Under the Influence (DUI) charge in Chicago.