Being arrested for DUI is a serious offense that can have significant consequences, including jail time, loss of driving privileges, and monetary fines. It is imperative that anyone facing such a charge understand what challenges they will encounter. Seeking the legal advice of a competent and experienced DUI attorney will help you understand all of your rights and options.

What happens if I was arrested for DUI?
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 by the Illinois Secretary of State. While both actions can result in the suspension of your driving privileges, it is important 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 driver’s 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 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 first time DUI offender faces imprisonment of up to 1 year.

Monetary Fines
Fines for a first time DUI can be up to $2,500.00

Driving Privileges
A DUI conviction results in the revocation of driving privileges for a minimum of 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 6 months. However, effective January 1, 2009, the penalty for refusing to submit to a chemical test will increase to 1 year.

Commercial Drivers
Commercial drivers 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 year, while any subsequent DUI offenses will result in a lifetime loss of the commercial license.

Alcohol Evaluation
Successful completion of an alcohol and drug remedial education program is required for reinstatement of driving privileges.

DUI Subsequent Offenses
Penalties are increasingly more severe for any additional DUI violations. Due to the complexity of DUI laws, 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.