Mount Prospect, Illinois DUI Criminal Defense Attorney

Being arrested for DUI in Mount Prospect, Illinois can have major repercussions, including fines, jail time, and loss of driving privileges. It is imperative that anyone facing an Illinois DUI understand what challenges they will face in Illinois courts. Finding a capable and experienced DUI attorney will insure you understand all of your rights and options.

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.

Statutory Summary Suspension

A Statutory Summary Suspension automatically suspends the driver’s license 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. 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 content) 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.
• 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 12 months.
• 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 first time Driving Under the Influence (DUI) offender faces time in jail of up to 1 (one) year.
• Monetary Fines - Fines for a first time DUI in Mount Prospect, Illinois can be up to $2,500.

Mount Prospect, 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 alcohol 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 BAC (blood alcohol content) limit to .08 percent from .10 percent, Illinois became the 15th state to impose such a change.

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

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

Contact a DWI attorney for a fast, free consultation concerning your Driving Under the Influence (DUI) charge in Mount Prospect, Illinois.