Get help from an Illinois DUI LawyerBeing arrested for DUI is a serious offense that can have serious repercussions, 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 aggressive and skilled DUI defense attorney will help you understand all of your rights and options. The DUI criminal charge in Skokie, 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 who lost their driving privileges because of a summary suspension will have that time credited to the minimum driver's license period of suspension. What happens if I was arrested for DUI in Skokie? 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 Illinois driver's license by the Secretary of State. 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. Also, each action must be handled separately. Illinois Statutory Summary Suspension A Statutory Summary Suspension in Illinois automatically suspends the Illinois driver's license of a DUI offender who refuses to submit to, fails, or fails to complete chemical testing. The driver's license suspension becomes effective 46 days after the date of the notice of suspension. 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. 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.
- 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 in Illinois 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 (one) year, while any subsequent Driving Under the Influence (DUI) offenses will result in a lifetime loss of the (CDL) commercial license.
- DUI & Driving Privileges - A first DUI conviction results in the loss of driving privileges in Illinois for at least one (1) year.
- Monetary Fines - Fines for a first time DUI in Skokie, Illinois can be up to $2,500.
Skokie, 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. 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. Driving Under the Extreme Influence - BAC of .16 or greaterA 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. Driving Under the Influence - Child Endangerment (driver over age 21 transporting a child under age 16) First conviction - Mandatory six (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. DUI while Suspended or Revoked for Previous DUI; Leaving the Scene of a Personal Injury or Fatal Crash; Reckless Homicide; or Aggravated DUI (Driving Under the Influence) with a Death- First conviction - Class 4 felony with possible 1-3 years imprisonment; loss of driving privileges for double the original suspension period or additional 1-year revocation.
- If suspended for previous DUI (Driving Under the Influence): 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 more severe for additional DUI (Driving Under the Influence) violations. Due to the complexity of BAC level, you may not be aware of your rights and the potential defenses available to your case. For this reason, an aggressive and skilled defense lawyer can guide you through this emotionally challenging process. Please contact a lawyer for a consultation. Contacting a DWI defense lawyer for a consultation concerning your DUI (Driving Under the Influence) charge in Skokie, Illinois can help. |