Joliet, Illinois DUI Criminal Defense Attorney

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

The DUI criminal charge in Joliet, Illinois 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 an Illinois DUI charge who lost their driving privileges in Illinois because of a summary suspension will have that time credited to the minimum driver's license period of suspension.

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

Illinois Statutory Summary Suspension

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

Administrative Hearing

According to Illinois law, an individual has 90 (ninety) days to request a hearing to challenge a Statutory Summary Suspension from the Illinois Secretary of State. In order to maintain your right to an administrative hearing, it is imperative you submit your request to the Illinois Secretary of State within 90 days.

DUI Penalties for First Time Offenders

• Commercial Drivers - Commercial drivers in Illinois are in violation of the DUI statute with a Blood Alcohol Content (BAC) 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 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.
• 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.
• Jail Time - A person convicted of a DUI for the first time faces time in jail of up to 1 year.

Joliet, 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 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.

Driving Under the Extreme Influence - BAC of .16 or greater

A first conviction is a Class A misdemeanor with possible 0-12 months jail time; 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 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.

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

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

Contacting a DWI defense lawyer for a free consultation concerning your Driving Under the Influence (DUI) charge in Joliet, Illinois can help.