DUI Criminal Defense Attorney - Wheaton, Illinois

What happens if I was arrested for DUI in Wheaton?

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 Illinois driving privileges, but it is very important to remember that there may be other penalties to consider. Also, each action must be handled separately.

In Wheaton, 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 driver's license in Illinois period of revocation.

Being arrested for DUI is a serious offense that can have major consequences, including jail time, loss of driving privileges, and monetary fines. It is important that anyone facing a DUI charge in Illinois understand what challenges they will encounter. Seeking the legal advice of a capable and professional DUI lawyer will help you understand all of your rights and options.

Statutory Summary Suspension

A Statutory Summary Suspension automatically suspends the license 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.

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 up to 1 year time in jail.
• DUI Chemical Test Refusal - An individual who refuses to submit to a test when requested by Illinois law enforcement will lose their Illinois driver's license for 1 year.
• 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 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 (one) year, while any subsequent DUI (Driving Under the Influence) offenses will result in a lifetime loss of the (CDL) commercial license.
• DUI & Illinois Driving Privileges - A first Driving Under the Influence (DUI) conviction results in the loss of Illinois driving privileges for at least one year.
• Monetary Fines - Fines for a first time DUI in Wheaton, Illinois can be up to $2,500.

DUI while Suspended or Revoked for Previous DUI; Leaving the Scene of a Personal Injury or Fatal Crash; Reckless Homicide; or Aggravated Driving Under the Influence (DUI) with a Death

• First conviction - Class 4 felony with possible 1-3 years time in jail; loss of driving privileges for double the original suspension period or additional 1-year revocation.
  • If suspended for previous Driving Under the Influence (DUI): Additional 30 consecutive days time in jail, 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.

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