DUI Lawyer - Bolingbrook, Illinois

If an individual is charged with DUI, it is a serious offense that can have serious consequences, including jail time, loss of driving privileges, and monetary fines. It is very important that anyone facing an Illinois DUI understand what challenges they will encounter. Seeking the legal advice of a competent and knowledgeable DUI 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 an Illinois DUI 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 license suspension.

Illinois Statutory Summary Suspension

A Statutory Summary Suspension in Illinois automatically suspends the driver's license in Illinois of a DUI offender who fails to complete, refuses to submit to, or fails chemical testing. The driver's license in Illinois suspension becomes effective 46 days after the date of the notice of suspension.

What happens if I was arrested for DUI?

According to Illinois DUI laws, 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. An administrative action is brought against your driver's license in Illinois by the Illinois Secretary of State. Both actions can result in the suspension of your driving privileges in Illinois, but it is very important to remember that there may be other penalties to consider, and that each action must be handled separately.

Administrative Hearing

Pursuant to Illinois law, an individual has 90 days to request a hearing to challenge a Statutory Summary Suspension from the Illinois 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

• 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.
• DUI Chemical Test Refusal - An individual who refuses to submit to a test when requested by Illinois law enforcement will lose their driver's license in Illinois for 1 year.
• Commercial Drivers - Commercial drivers in Illinois are in violation of the DUI statute with a 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 DUI (Driving Under the Influence) 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.
• Jail Time - A person convicted of a DUI for the first time faces jail time of up to 1 year.

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

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

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

Driving Under the Influence - Child Endangerment

(driver over age 21 transporting a child under age 16)

First conviction - Mandatory six (6) months jail time and 25 days of community service in a program benefiting children; loss of driving privileges for minimum 1 year; fines of $1,000-$2,500; eligible for RDP; may be required to have a BAIID installed in vehicle as part of driving relief.

DUI Subsequent Offenses

Penalties are more severe for additional DUI (Driving Under the Influence) violations. Due to the complexity of BAC level, 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.