Skokie, Illinois DUI Attorney

What happens if I was arrested for DUI in Skokie, 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. While both actions can result in the suspension of your Illinois driving privileges, it is imperative to remember that there may be additional penalties to consider and each action must be handled separately.

Illinois Statutory Summary Suspension

A Statutory Summary Suspension in Illinois automatically suspends the driver’s license of a DUI offender who fails to complete, refuses to submit to, or fails chemical testing. The driver’s license suspension becomes effective 46 days after the date of the notice of suspension.

In Skokie, 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 a DUI charge in Illinois who lost their Illinois driving privileges because of a summary suspension will have that time credited to the minimum driver’s license period of license suspension.

Being charged with DUI is a serious offense that can have serious consequences, including fines, jail time, and loss of driving privileges. 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 lawyer will help you understand all of your rights and options, including any defenses you might use.

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) level 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.
• 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 - 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 up to 1 year imprisonment.
• DUI Monetary Fines - Fines for a first time DUI (Driving Under the Influence) in Skokie, Illinois can be up to $2,500.

Skokie, 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 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 Extreme Influence - 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.

DUI while Suspended or Revoked for Previous DUI (Driving Under the Influence); Leaving the Scene of a Fatal Crash or Personal Injury; Reckless Homicide; or Aggravated DUI with a Death

• A first conviction is a Class 4 felony with possible 1-3 years imprisonment; loss of driving privileges for double the original suspension period or additional 1 (one) year revocation of driving privileges
• If suspended for previous DUI (Driving Under the Influence): 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 increasingly more severe for any additional DUI (Driving Under the Influence) violations. Due to the complexity of Illinois DUI 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 fast and free consultation concerning your DUI (Driving Under the Influence) charge in Skokie.