Aurora, Illinois DUI Criminal Defense Attorney

If an individual is charged with DUI, it is a serious offense that can have major consequences, including loss of driving privileges, jail time, 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 an aggressive and knowledgeable DUI defense attorney will help you understand all of your rights and options, including any defenses you might use.

The DUI criminal charge is prosecuted and adjudicated in the Illinois courts. This charge is separate from the Statutory Summary Suspension, which is an administrative process. A person convicted of a DUI charge in Illinois who lost their driving privileges in Illinois because of a summary suspension will have that time credited to the minimum Illinois driver's license period of suspension.

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.

Penalties for First Time DUI Offenders

• Jail Time - A first time Driving Under the Influence (DUI) offender faces jail time of up to 1 (one) year.
• Commercial Drivers - Commercial drivers in Illinois are in violation of the DUI statute with a Blood Alcohol Content (BAC) level 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 Driving Under the Influence (DUI) offenses will result in a lifetime loss of the (CDL) commercial license.
• Alcohol Evaluation - Successful completion of an alcohol and drug remedial education program is required for reinstatement of driving privileges.
• Monetary Fines - Fines for a first time DUI can be up to $2,500.00
• Driving Privileges - A first DUI conviction results in the loss of driving privileges in Illinois for at least one (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 12 months.

Driving Under the Extreme Influence - BAC of .16 or greater

A first conviction is a Class A misdemeanor with possible 0-12 months jail time; 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.

Aurora, 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 Driving Under the Influence (DUI) if additional evidence determines that the driver was impaired. When the Illinois General Assembly passed legislation in 1997 to lower the illegal Blood Alcohol Content (BAC) level limit to .08 percent from .10 percent, Illinois became the 15th state to impose such a change.

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

• A first conviction is a Class 4 felony with possibility of 1-3 years jail time; loss of driving privileges for twice the original suspension period or additional 1-year revocation.
• If suspended for previous Driving Under the Influence (DUI): Additional 30 (thirty) consecutive days jail time, 40 (forty) days of 24-hour periodic imprisonment or 720 hours community service (terms of imprisonment or community service not subject to suspension or reduction); not eligible for probation; fines of up to $2,500; and may result in forfeiture and seizure of vehicle.

DUI Subsequent Offenses

Penalties are increasingly more severe for any additional Driving Under the Influence (DUI) 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 defense attorney for a free, professional consultation concerning your Driving Under the Influence (DUI) charge in Aurora.