Evanston, Illinois DUI Criminal Defense Lawyer

If an individual is charged with DUI, it is a serious offense that can have major consequences, including jail time, loss of driving privileges, and monetary fines. It is important that anyone facing an Illinois DUI understand what challenges they will encounter. Seeking the legal advice of an accomplished and professional DUI attorney will help you understand all of your rights and options, including any defenses you might use.

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 in Illinois revocation period.

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 Illinois driver's license by the Secretary of State. Both actions can result in the suspension of your driving privileges in Illinois, but it is very important to remember that there may be other penalties to consider, and that each action must be handled on their own.

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 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 & Commercial Drivers - Commercial drivers are in violation of the Illinois DUI statute with a blood-alcohol concentration (BAC) 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.
• Jail Time - A first time DUI offender faces time in jail of up to 1 (one) year.
• 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 & Driving Privileges - A first DUI conviction results in the loss of driving privileges in Illinois for at least one (1) year.
• Monetary Fines - Fines for a first time DUI can be up to $2,500.00

DUI while Suspended or Revoked for Previous DUI; Leaving the Scene of a Personal Injury or Fatal Crash; Reckless Homicide; or Aggravated DUI (Driving Under the Influence) with a Death

• A first conviction is a Class 4 felony with possibility of 1-3 years time in jail; loss of driving privileges for twice the original suspension period or additional 1-year revocation.
  • If suspended for previous DUI (Driving Under the Influence): Additional 30 (thirty) consecutive days time in jail, 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.

DUI Subsequent Offenses

Penalties are more severe for additional DUI (Driving Under the Influence) 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.

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.

Contact a DWI defense attorney for a free consultation concerning your DUI (Driving Under the Influence) charge in Evanston, Illinois.