Get help from an Illinois DUI Attorney

Being charged with DUI is a serious offense that can have major consequences, including loss of driving privileges, jail time, 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 accomplished and skilled DUI criminal defense lawyer will help you understand all of your options and rights.

The DUI criminal charge in Oak Lawn, Illinois 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 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 suspension period.

What happens if I was arrested for DUI in Oak Lawn, 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 Illinois Secretary of State. While both actions can result in the suspension of your 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.

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

• Commercial Drivers - Commercial drivers in Illinois are in violation of the DUI statute with a blood alcohol content (BAC) 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 time in jail of up to 1 year.
• Monetary Fines - Fines for a first time DUI in Oak Lawn, Illinois can be up to $2,500.
• 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.

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

Driving Under the Extreme Influence - blood alcohol content (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 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.

Contact a DWI criminal defense lawyer for a fast and free consultation concerning your DUI (Driving Under the Influence) charge in Oak Lawn.