Get help from an Illinois DUI Lawyer

Being charged with DUI in Schaumburg, Illinois can have major consequences, including jail time, loss of driving privileges, and monetary fines. It is crucial that anyone facing an Illinois DUI charge understand what challenges they will face in Illinois courts. Finding an accomplished and knowledgeable DUI lawyer will insure you understand all of your options and rights.

The Driving Under the Influence (DUI) criminal charge is prosecuted and adjudicated in the courts. This charge is separate from the Statutory Summary Suspension, which is an administrative process.

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

Statutory Summary Suspension

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

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. In order to maintain your right to an administrative hearing, it is important you submit your request to the Secretary of State within 90 days.

Penalties for First Time DUI Offenders

• Commercial Drivers - Commercial drivers are in violation of the DUI statute with a blood alcohol content (BAC) 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.
• 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.
• Monetary Fines - Fines for a first time DUI can be up to $2,500.00
• DUI & Driving Privileges - A first DUI conviction results in the loss of driving privileges in Illinois for at least one (1) year.
• Jail Time - A person convicted of a DUI for the first time faces up to 1 year imprisonment.

Driving Under the Influence - Child Endangerment

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

First conviction - Mandatory 6 months imprisonment 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 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.

Schaumburg, Illinois DUI:

In Illinois, a driver is legally considered to be under the influence if they are impaired by medication, have a blood-alcohol concentration of .08 percent or more, or have used any illegal substance. 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. 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.

DUI Subsequent Offenses

Penalties are increasingly more severe for any additional DUI (Driving Under the Influence) 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.

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