Law Office of Rachel J. Hess - ph:  (630)204-0277
DUI CONSULTATION
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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 Innocence 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, whether there was an accident, and whether the driver has previous DUI convictions.
 
Further, if you are under 21 years of age in Illinois there is a "Zero" tolerance for alcohol and driving.   If you are convicted for DUI, the first offense will result in a minimum 1-year suspension of your driver's 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 on a public highway is subject to a statutory summary suspension.  The implied consent law in Illinois requires that any person that drives in the State of Illinois agrees to submit to a chemical test of their urine, blood, or breath. Failing a chemical test (blowing over .08) or refusal to submit to a chemical test will result in a summary suspension from 6 months to 3 years, depending on the circumstances.  Drivers may request a timely hearing to contest the suspension. A suspension or revocation is in addition to any criminal penalties imposed in the DUI case.  This is true even if the DUI is ultimately dismissed.  

PLEASE BE ADVISEDSummary Suspensions are automatic and go into effect 46 days from the date of the stop.  DO NOT DRIVE - ESPECIALLY TO COURT - AFTER YOUR SUSPENSION HAS GONE INTO EFFECT!  DOING SO WILL RESULT IN ADDITIONAL CRIMINAL PENALTIES INCLUDING A MANDATORY 10 DAYS IN JAIL OR 240 HOURS OF COMMUNITY SERVICE.  (The mandatory minimum punishment for a second offense of driving on a DUI suspension requires 30 days in jail or 300 hours of community service).  

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.

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. 

First offenders (those who have not been sentenced for DUI or received a statutory summary suspension within 5 years) are eligible for driving relief from the Secretary of State.  Drivers charged with DUI will automatically receive an application for MDDP (Monitoring Device Driving Permit) in the mail.  You should fill out the application and send it back as soon as possible so that you receive the MDDP permit and can have the BAIID device installed in your vehicle before your suspension goes into effect.  First offenders who fail chemical testing are subject to a 6-month suspension.   First offenders who refuse chemical testing are subject to a 12-month suspension. Both are eligible for MDDP.  Non-first offenders are subject to suspension for 1-3 years and are NOT eligible for MDDP.

The differences between a DUI charge and a Statutory Summary Suspension are great and could have a significant impact on your driving privileges.  Therefore, it is important to contact a lawyer as soon as possible to make sure your rights are protected and to request a hearing on the summary suspension, if necessary, BEFORE the suspension goes into effect. 
 

 PENALTIES FOR DUI

 First Drunk Driving Offense*
 
  • Class A misdemeanor
  • Up to $2500 fine and/or 365 days jail
  • First Time DUI Offenders are eligible for court supervision (up to 2 years)* 
  • Statutory Summary Suspension minimum 6 mos. - 1 year
  • Breath Alcohol Ignition Interlock Device (BAIID) eligible
  • Mandatory statutory fees
  • Drug and Alcohol counseling
 
*Court supervision does NOT result in a revocation of driving privileges (a summary suspension may still apply).  Call for more details.

Additional Penalties May Apply

  • Add Up to 6 Months jail or 25 days community service - (If Child under 16 in Vehicle)
  • Add $500 Mandatory minimum (BAC above .16)
  • Add $1,000 Mandatory minimum - (If Child under 16 in Vehicle)
  • Vehicle Registration Suspension (upon conviction)
  • Community Service – 100 Hours Minimum - (BAC above .16)
  • Community Service – 25 Days - (If Child under 16 in Vehicle)
  • If driving on a suspended/revoked or no license or no insurance* it is a class 4 felony (which carries 1-3 years imprisonment or 30 mos. probation, and a minimum 10 days in jail or 480 hours of community service and up to a $25,000 fine), *no insurance also carries a mandatory $750 fine.
  • Additional penalties apply in circumstances involving: Passing a school bus, Accident in a school zone, Prior reckless driving conviction or Accident with great bodily harm

Third Drunk Driving Conviction
 
  • Class 2 felony - up to 3-7 Years imprisonment or probation up to 48 months 
  • Mandatory minimum 10 days in jail or 480 hours of community
  • Minimum $2500 - $25,000 max fine 
  • Mandatory statutory fees
  • Drug and Alcohol counseling
  • License Revocation – Minimum 10 Years

Additional Penalties May Apply

  • Add 90 Days Mandatory jail - (BAC above .16) 
  • Add $2,500 Minimum (BAC above .16)
  • Mandatory $25,000 - (Child under 16 in Vehicle - Felony Aggravated DUI)
  • Community Service – Minimum 25 Days (Child under 16 in Vehicle)
 
Second Drunk Driving Conviction
 
  • Class A misdemeanor
  • Up to $2500 fine and/or 365 days jail
  • Supervision is NOT available
  • Conviction is MANDATORY
  • Revocation of driving privileges
  • Probation up to 1 Year 
  • 5 Days MANDATORY jail or 240 hours of Community Service
  • Mandatory statutory fees
  • Drug and Alcohol counseling
  • License Revocation – Minimum 5 Years (If Within 20 Years of Previous)

Additional Penalties May Apply 

  • Add 2 Days - (BAC above .16)
  • Add $1,250 Mandatory minimum (BAC above .16)
  • Class 2 felony - up to 3-7 Years imprisonment or probation up to 48 months (Child under 16 in Vehicle - Felony Aggravated DUI) and
  • Minimum $2500 - $25,000 max fine -  (Child under 16 in Vehicle - Felony Aggravated DUI) and
  • Community Service – 25 Days - (If Child under 16 in Vehicle) and
  • If driving on a suspended/revoked or no license or no insurance* it is a class 4 felony (which carries 1-3 years imprisonment or 30 mos. probation, and a minimum 10 days in jail or 480 hours of community service and up to a $25,000 fine), *no insurance also carries a mandatory $750 fine.
  • Additional penalties apply in circumstances involving: Passing a school bus, Accident in a school zone, Prior reckless driving conviction, or accident with great bodily harm

 
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