DUI Criminal Defense Lawyer - Orland Park, Illinois

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

The DUI criminal charge in Orland Park, 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 because of a summary suspension will have that time credited to the minimum driver's license in Illinois period of license 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 driver's license by the Secretary of State of Illinois. Both actions can result in the suspension of your driving privileges in Illinois, but it is imperative to remember that there may be other penalties to consider, and that each action must be handled separately.

Statutory Summary Suspension

A Statutory Summary Suspension automatically suspends the driver's 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 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.

DUI Penalties for First Time Offenders

• Jail Time - A person convicted of a DUI for the first time faces time in jail of up to 1 year.
• DUI Monetary Fines - Fines for a first time Driving Under the Influence (DUI) in Orland Park, 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.
• 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.
• Commercial Drivers - Commercial drivers 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 year, while any subsequent DUI offenses will result in a lifetime loss of the commercial license.
• 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.

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

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

Orland 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.

DUI Subsequent Offenses

Penalties are more severe for additional Driving Under the Influence (DUI) violations. Due to the complexity of Blood Alcohol Content (BAC) level, you may not be aware of your rights and the potential defenses available to your case. For this reason, a capable and professional lawyer can guide you through this emotionally challenging process. Please contact a lawyer for a free consultation.

Contact a DWI lawyer for a free consultation concerning your Driving Under the Influence (DUI) charge in Orland Park.