Schaumburg, Illinois DUI Lawyer

What happens if I was arrested for DUI?

According to Illinois DUI laws, the state initiates two separate and simultaneous legal actions against you. A criminal action is brought against you in response to the ticket you were issued. An administrative action is brought against your driver's license in Illinois by the Secretary of State of Illinois. Both actions can result in the suspension of your driving privileges, but it is important to remember that there may be other penalties to consider, and that 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.

In Schaumburg, 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 driver's license in Illinois period of suspension.

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

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

• DUI & Commercial Drivers - Commercial drivers are in violation of the Illinois DUI statute with a blood-alcohol concentration (BAC) of 0.04. A first time Driving Under the Influence (DUI) 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.
• 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.
• Alcohol Evaluation - Successful completion of an alcohol and drug remedial education program is required for reinstatement of driving privileges.
• Jail Time - A first time Driving Under the Influence (DUI) offender faces imprisonment of up to 1 (one) year.
• Monetary Fines - Fines for a first time DUI can be up to $2,500.00

Schaumburg, 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 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 blood-alcohol concentration (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 concentration (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 imprisonment 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 imprisonment; 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 imprisonment, 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 blood-alcohol concentration (BAC), you may not be aware of your rights and the potential defenses available to your case. For this reason, a capable and experienced defense lawyer can guide you through this emotionally challenging process. Please contact a lawyer for a professional and free consultation.