DUI Lawyer - Oak Park, Illinois

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 a capable and professional DUI defense lawyer 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 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 license suspension.

Statutory Summary Suspension

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

Penalties for First Time DUI Offenders

• Jail Time - A first time DUI offender faces jail time of up to 1 (one) 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 - Successful completion of an alcohol and drug remedial education program is required for reinstatement of driving privileges.
• 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.
• Driving Privileges - A DUI conviction results in the revocation of driving privileges for a minimum of 1 year.
• Monetary Fines - Fines for a first time DUI can be up to $2,500.00

Driving Under the Influence - Child Endangerment

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

First conviction - Mandatory six (6) 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.

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.

Oak Park, 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.

Contact a DWI criminal defense attorney for a fast and free consultation concerning your Driving Under the Influence (DUI) charge in Oak Park.