Decatur, Illinois DUI Lawyer

What happens if I was arrested for DUI?

According to Illinois DUI laws, 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. An administrative action is brought against your driver's license by the Illinois Secretary of State. 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, and that each action must be handled separately.

Being charged with DUI in Decatur, Illinois can have major repercussions, including loss of driving privileges, jail time, and monetary fines. It is important that anyone facing a DUI charge in Illinois understand what challenges they will face in Illinois courts. Finding an assertive and professional DUI lawyer will insure you understand all of your rights and options, including any defenses you might use.

The DUI (Driving Under the Influence) criminal charge is prosecuted and adjudicated in the courts. This charge is separate from the Statutory Summary Suspension, which is an administrative process.

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.

Administrative Hearing

Pursuant to Illinois law, an individual has 90 days to request a hearing to challenge a Statutory Summary Suspension from the Illinois 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
• Driving Privileges - A first DUI conviction results in the loss of Illinois driving privileges for at least one (1) year.
• 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 & DUI - Successful completion of an alcohol and drug remedial education program is required for reinstatement of driving privileges in Illinois for those convicted of a DUI.
• DUI & Commercial Drivers - Commercial drivers are in violation of the Illinois DUI statute with a BAC (Blood Alcohol Content) level of 0.04. A first time DUI (Driving Under the Influence) conviction will result in the loss of the commercial driver's license for 1 year, while any subsequent Illinois DUI offenses will result in a lifetime loss of the commercial license.

Driving Under the Influence - Child Endangerment

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

First conviction - Mandatory 6 (six) months jail time 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 increasingly more severe for any additional Driving Under the Influence (DUI) 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.

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

• First conviction - Class 4 felony with possible 1-3 years jail time; loss of driving privileges for double the original suspension period or additional 1-year revocation.
  • If suspended for previous Driving Under the Influence (DUI): Additional 30 consecutive days jail time, 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.

Decatur, 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 BAC 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.

Contacting a DWI lawyer for a quick and easy consultation concerning your Driving Under the Influence (DUI) charge in Decatur, Illinois can help.