DUI Lawyer - Palatine, Illinois

What happens if I was arrested for DUI in Palatine, Illinois?

Under Illinois law, once you have been cited for violating the DUI statute, the state initiates two simultaneous, yet separate legal actions against you. The criminal action is in response to the ticket that was issued to you, while the administrative action is brought against your driver's license in Illinois by the Secretary of State of Illinois. While both actions can result in the suspension of your driving privileges, it is important to remember that there may be additional penalties to consider and each action must be handled separately.

In Palatine, Illinois, the DUI criminal charge 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 Illinois driver's license suspension period.

Being charged with DUI is a serious offense that can have serious consequences, including loss of driving privileges, jail time, and monetary fines. It is very important that anyone facing an Illinois DUI charge understand what challenges they will encounter. Seeking the legal advice of an assertive and knowledgeable DUI attorney will help you understand all of your rights and options.

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 imprisonment of up to 1 year.
• DUI Monetary Fines - Fines for a first time Driving Under the Influence (DUI) in Palatine, Illinois can be up to $2,500.
• DUI & Illinois Driving Privileges - A first DUI (Driving Under the Influence) conviction results in the loss of driving privileges for at least one year.
• DUI Chemical Test Refusal - An individual who refuses to submit to a test when requested by Illinois law enforcement will lose their driver's license in Illinois for 1 year.
• Commercial Drivers - Commercial drivers are in violation of the DUI statute with a BAC (blood alcohol content) 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.

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 imprisonment; 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 imprisonment, 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.

DUI Subsequent Offenses

Penalties are increasingly more severe for any additional Driving Under the Influence (DUI) violations. Due to the complexity of Illinois drunk driving laws, 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.

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