Evanston, Illinois DUI Lawyer

What happens if I was arrested for DUI in Evanston, Illinois?

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 in Illinois by the Secretary of State of Illinois. While both actions can result in the suspension of your Illinois driving privileges, it is imperative 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 in Illinois 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.

Being charged with DUI in Evanston, Illinois can have serious consequences, including fines, jail time, and loss of driving privileges. It is imperative that anyone facing a DUI charge in Illinois understand what challenges they will face in Illinois courts. Finding an accomplished and knowledgeable DUI criminal defense attorney will insure you understand all of your options and rights.

The Driving Under the Influence (DUI) criminal charge is prosecuted and adjudicated in the courts. This charge is separate from the Statutory Summary Suspension, which is an administrative process.

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 in Illinois 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 (one) year, while any subsequent Driving Under the Influence (DUI) offenses will result in a lifetime loss of the (CDL) commercial license.
• DUI & Illinois Driving Privileges - A first Driving Under the Influence (DUI) conviction results in the loss of Illinois driving privileges for at least one 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 time in jail of up to 1 year.
• Monetary Fines - Fines for a first time DUI in Evanston, Illinois can be up to $2,500.

Evanston, Illinois DUI:

In Illinois, a driver is legally considered to be under the influence if they have used any illegal substance, have a BAC of .08 percent or greater, or are impaired by mediacation. A driver's BAC is based on the ratio of alcohol to blood or breath. However, an individual showing alcohol levels between .05 and .08 percent may be convicted of DUI if additional evidence determines that the driver was impaired.

DUI while Suspended or Revoked for Previous Driving Under the Influence (DUI); Leaving the Scene of a Fatal Crash or Personal Injury; Reckless Homicide; or Aggravated DUI with a Death

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

DUI Subsequent Offenses

Penalties are more severe for additional Driving Under the Influence (DUI) 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. For this reason, an accomplished and knowledgeable criminal defense attorney can guide you through this emotionally challenging process. Please contact a lawyer for a free consultation.

Contact a DWI criminal defense attorney for a free consultation concerning your Driving Under the Influence (DUI) charge in Evanston.