DUI Criminal Defense Attorney - Peoria, Illinois

Statutory Summary Suspension

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

What happens if I was arrested for DUI in Peoria?

Pursuant to Illinois law, once you have been cited for violating the DUI statute, 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, while an administrative action is brought against your driver's license in Illinois by the Secretary of State of Illinois. Both actions can result in the suspension of your driving privileges, but it is important to remember that there may be other penalties to consider. Also, each action must be handled on their own.

If an individual is arrested for DUI, it is a serious offense that can have serious consequences, including jail time, loss of driving privileges, and monetary fines. It is imperative that anyone facing an Illinois DUI charge understand what challenges they will encounter. Seeking the legal advice of an assertive and experienced DUI attorney will help you understand all of your options and rights.

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

Administrative Hearing

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

DUI Penalties for First Time Offenders

• Jail Time - A first time Driving Under the Influence (DUI) offender faces time in jail of up to 1 (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.
• Alcohol Evaluation - Successful completion of an alcohol and drug remedial education program is required for reinstatement of driving privileges.
• DUI & Commercial Drivers - Commercial drivers are in violation of the Illinois DUI statute with a BAC level of 0.04. A first time Driving Under the Influence (DUI) 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.
• DUI & Driving Privileges - A first DUI conviction results in the loss of driving privileges for at least one (1) year.
• Monetary Fines - Fines for a first time DUI can be up to $2,500.00

DUI Subsequent Offenses

Penalties are more severe for additional Driving Under the Influence (DUI) violations. Due to the complexity of BAC level, 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 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.

Contact a DWI lawyer for a professional and free consultation concerning your Driving Under the Influence (DUI) charge in Peoria, Illinois.