Naperville, Illinois DUI Criminal Defense Attorney

What happens if I was arrested for DUI in Naperville, 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 Illinois driver's license by the Secretary of State of Illinois. While both actions can result in the suspension of your driving privileges, it is very important 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 Illinois driver's 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.

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

Being charged with DUI is a serious offense that can have serious consequences, including fines, jail time, and loss of driving privileges. It is very important that anyone facing an Illinois DUI charge understand what challenges they will encounter. Seeking the legal advice of an assertive and skilled DUI defense lawyer will help you understand all of your options and rights.

Administrative Hearing

According to Illinois law, an individual has 90 (ninety) days to request a hearing to challenge a Statutory Summary Suspension from the Secretary of State of Illinois. In order to maintain your right to an administrative hearing, it is very important you submit your request to the Secretary of State of Illinois within 90 days.

DUI Penalties for First Time Offenders

• Jail Time - A person convicted of a DUI for the first time faces up to 1 year jail time.
• DUI & Commercial Drivers - Commercial drivers are in violation of the Illinois DUI statute with a BAC level of 0.04. A first time DUI (Driving Under the Influence) conviction will result in the loss of the commercial driver's license for 1 year, while any subsequent Illinois DUI offenses will result in a lifetime loss of the commercial license.
• 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.
• 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 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.

Naperville, 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 if additional evidence determines that the driver was impaired. 2004 BAC levels When the Illinois General Assembly passed legislation in 1997 to lower the illegal BAC 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.

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.

Contact a DWI defense lawyer for a quick and easy consultation concerning your DUI (Driving Under the Influence) charge in Naperville.