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What happens if I was arrested for DUI in Elgin?

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 Illinois 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. Also, each action must be handled on their own.

If an individual is arrested for DUI, it is a serious offense that can have major consequences, 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 assertive and experienced DUI defense attorney 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 an Illinois DUI charge who lost their driving privileges because of a summary suspension will have that time credited to the minimum driver's license suspension period.

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

• DUI Monetary Fines - Fines for a first time Driving Under the Influence (DUI) in Elgin, Illinois can be up to $2,500.
• Driving Privileges - A DUI conviction results in the revocation of driving privileges for a minimum of 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 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.

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. An experienced and competent attorney can guide you through this emotionally challenging process. Please contact a lawyer for an immediate, free consultation.

Driving Under the Extreme Influence - BAC (blood-alcohol concentration) 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.