Orland Park, Illinois DUI Attorney

What happens if I was arrested for DUI in Orland Park, 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 by the Secretary of State of Illinois. While both actions can result in the suspension of your Illinois driving privileges, it is very important to remember that there may be additional penalties to consider and each action must be handled on their own.

If an individual is arrested for DUI, it is a serious offense that can have major repercussions, including loss of driving privileges, jail time, and monetary fines. It is very important that anyone facing an Illinois DUI charge understand what challenges they will encounter. Seeking the legal advice of a competent and experienced DUI lawyer 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 an Illinois DUI charge who lost their Illinois driving privileges because of a summary suspension will have that time credited to the minimum driver’s license period of revocation.

Statutory Summary Suspension

A Statutory Summary Suspension automatically suspends the license of a DUI offender who fails, refuses to submit to, 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 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.

Penalties for First Time DUI Offenders

• 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 for 1 year.
• Commercial Drivers - Commercial drivers are in violation of the DUI statute with a Blood Alcohol Content (BAC) level 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 Monetary Fines - Fines for a first time Driving Under the Influence (DUI) in Orland Park, Illinois can be up to $2,500.
• Jail Time - A first time DUI offender faces time in jail of up to 1 (one) year.
• 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.
• Alcohol Evaluation - Successful completion of an alcohol and drug remedial education program is required for reinstatement of driving privileges.

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.

Orland Park, 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.

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.

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

• First conviction - Class 4 felony with possible 1-3 years time in jail; loss of driving privileges for double the original suspension period or additional 1-year revocation.
• 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 increasingly more severe for any additional Driving Under the Influence (DUI) violations. Due to the complexity of Illinois drunk driving laws, 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 lawyer for a consultation concerning your Driving Under the Influence (DUI) charge in Orland Park, Illinois.