Get help from an Illinois DUI Criminal Defense Lawyer

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 imperative that anyone facing a DUI charge in Illinois understand what challenges they will encounter. Seeking the legal advice of an assertive and knowledgeable DUI criminal 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 because of a summary suspension will have that time credited to the minimum driver's license in Illinois period of revocation.

What happens if I was arrested for DUI in Carbondale?

Pursuant to Illinois law, once you have been cited for violating the DUI statute, 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, while an administrative action is brought against your driver's license in Illinois by the Secretary of State of Illinois. Both actions can result in the suspension of your driving privileges, but it is imperative to remember that there may be other penalties to consider. Also, each action must be handled on their own.

Statutory Summary Suspension

A Statutory Summary Suspension 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 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 of Illinois. 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

• Commercial Drivers - Commercial drivers are in violation of the DUI statute with a BAC (blood-alcohol concentration) 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.
• DUI & Driving Privileges - A first DUI conviction results in the loss of driving privileges for at least one (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.
• Alcohol Evaluation & DUI - Successful completion of an alcohol and drug remedial education program is required for reinstatement of driving privileges in Illinois for those convicted of a DUI.
• Jail Time - A person convicted of a DUI for the first time faces imprisonment of up to 1 year.
• Monetary Fines - Fines for a first time DUI can be up to $2,500.00

Driving Under the Extreme Influence - BAC 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.

Driving Under the Influence - Child Endangerment

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

First conviction - Mandatory six (6) months imprisonment 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.

Carbondale, Illinois DUI:

In Illinois, a driver is legally considered to be under the influence if they are impaired by medication, have a blood-alcohol concentration of .08 percent or more, or have used any illegal substance. 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 if additional evidence determines that the driver was impaired.

DUI Subsequent Offenses

Penalties are more severe for additional DUI (Driving Under the Influence) violations. Due to the complexity of BAC (blood-alcohol concentration), 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 criminal defense attorney for a fast and free consultation concerning your DUI (Driving Under the Influence) charge in Carbondale, Illinois.