Waukegan, Illinois DUI Criminal Defense Lawyer

Being 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 a DUI charge in Illinois understand what challenges they will encounter. Seeking the legal advice of a capable and knowledgeable DUI criminal defense lawyer will help you understand all of your rights and options, including any defenses you might use.

The DUI criminal charge in Waukegan, 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 suspension period.

What happens if I was arrested for DUI in Waukegan, 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 Illinois Secretary of State. While both actions can result in the suspension of your Illinois driving privileges, it is crucial to remember that there may be additional penalties to consider and each action must be handled separately.

Statutory Summary Suspension

A Statutory Summary Suspension automatically suspends the 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

Pursuant to Illinois law, an individual has 90 days to request a hearing to challenge a Statutory Summary Suspension from the Illinois 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.

Penalties for First Time DUI Offenders

• DUI & Commercial Drivers - Commercial drivers are in violation of the Illinois DUI statute with a blood-alcohol concentration (BAC) of 0.04. A first time DUI (Driving Under the Influence) 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.
• Jail Time - A first time DUI (Driving Under the Influence) offender faces time in jail of up to 1 (one) year.
• Alcohol Evaluation - Successful completion of an alcohol and drug remedial education program is required for reinstatement of driving privileges.
• DUI & Driving Privileges - A first DUI conviction results in the loss of Illinois driving privileges for at least one (1) year.
• Monetary Fines - Fines for a first time DUI in Waukegan, Illinois can be up to $2,500.

Waukegan, 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.

Driving Under the Extreme Influence - BAC (blood alcohol content) 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.

Driving Under the Influence - Child Endangerment

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

First conviction - Mandatory 6 (six) months time in jail 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 Subsequent Offenses

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

Contact a DWI criminal defense lawyer for a consultation concerning your DUI (Driving Under the Influence) charge in Waukegan.