Law Office of Rachel J. Hess - DUI Services

ILLINOIS HAS SOME OF THE TOUGHEST DUI LAWS IN THE COUNTRY

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Illinois prohibits driving with a .08 percent BAC or above. When you drink and drive in Illinois, you risk your freedom, finances and your future.

A DUI HAS TWO SEPARATE AND DISTINCT COMPONENTS:

1. Criminal - Guilt or Innocense of DUI offense

Guilt (or innocence) in any case is determined by a judge, jury or by negotiation of the parties (with court approval). Penalties for DUI in Illinois vary depending on the circumstances of the arrest and conviction. These circumstances may include the driver’s age, the driver’s BAC level, whether the driver was transporting a child under age 16, and whether the driver has previous DUI convictions.

If you are under 21 years of age in Illinois there is a "Zero" tolerance for alcohol and driving. If you are convicted of a DUI, the first offense will result in a minimum 1 year suspension of your drivers license. In addition, you may be imprisoned for up to one year and fined up to $2,500.

2. Civil - Statutory Summary Suspension

Every person charged with DUI n a public highway is subject to a statutory summary suspension . The implied consent law in Illinois means that any person that drives in the State of Illinois agrees to submit to a chemical test of their Urine, Blood or Breath. Refusal to submit to a chemical test (or blowing over .08) may result in a summary suspension from 6 months to 3 years, depending on the circumstances. If a commercial driver’s license holder receives a statutory summary suspension,his/her CDL privileges will be disqualified for one year for a first offense; a lifetime disqualification applies for a second offense. PLEASE NOTE: Summary Suspensions are automatic and go into effect 46 days from the date of the stop. DO NOT DRIVE TO COURT AFTER YOUR SUSPENSION HAS GONE INTO EFFECT! DOING SO WILL RESULT IN ADDITIONAL CRIMINAL PENALTIES INCLUDING POSSIBLE JAIL. Drivers may request a timely hearing to contest the suspension. Therefore, it is important to contact a lawyer as soon as possible and request a hearing BEFORE the suspension goes into effect.

Effective July 1, 2011: If a driver refuses to submit to chemical testing after being involved in a crash in which a serious injury or death occurred, his/her driving privileges will be revoked for a minimum of 1 year.

First Drunk Driving Conviction*

– Up to 1 Year Possible
Add Up to 6 Months - (If Child under 16 in Vehicle)
– Up to $2,500
Add $500 Minimum (BAC above .16)
Add $1,000 Minimum - (If Child under 16 in Vehicle)
License Suspension – Minimum 1 Year
Breath Alcohol Ignition Interlock Device (BAIID) Possible
Vehicle Registration Suspension
Community Service – 100 Hours Minimum - (BAC above .16)
Community Service – 25 Days - (If Child under 16 in Vehicle)

*First Time DUI Offenders are eligible for court supervision which will NOT result a revocation of driving privileges (a summary suspension may still apply). Call for more details.

Second Drunk Driving Conviction

– Up to 1 Year Possible, 5 Days Mandatory or 240 Hours of Community Service
Add 2 Days - (BAC above .16)
Up to 1-3 Years – Child under 16 in Vehicle (Felony Aggravated DUI)
– Up to $2,500
Add $1,250 Minimum (BAC above .16)
Add Up to $25,000 - Child under 16 in Vehicle (Felony Aggravated DUI)
License Suspension – Minimum 5 Years (If Within 20 Years of Previous)
Vehicle Registration Suspension
Community Service: Minimum 25 Days if Child under 16 in Vehicle

Third Drunk Driving Conviction

– From 3-7 Years Possible (Class 2 Felony)
Add 90 Days Mandatory - (BAC above .16)
Up to 1-3 Years – Child under 16 in Vehicle (Felony Aggravated DUI)
– Up to $2,500
Add $2,500 Minimum (BAC above .16)
Mandatory $25,000 - Child under 16 in Vehicle (Felony Aggravated DUI)
License Suspension – Minimum 10 Years
Community Service – Minimum 25 Days if Child under 16 in Vehicle
Vehicle Registration Suspension

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