Springfield, Illinois DUI Criminal Defense Lawyer

In Springfield, 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 in Illinois because of a summary suspension will have that time credited to the minimum Illinois driver's license period of license suspension.

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

Statutory Summary Suspension

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

DUI Penalties for First Time Offenders

• DUI Chemical Test Refusal - An individual who refuses to submit to a test when requested by Illinois law enforcement will lose their Illinois driver's license for 1 year.
• 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 Driving Under the Influence (DUI) offenses will result in a lifetime loss of the (CDL) commercial license.
• Monetary Fines - Fines for a first time DUI in Springfield, Illinois can be up to $2,500.
• Jail Time - A person convicted of a DUI for the first time faces imprisonment of up to 1 year.
• Driving Privileges - A DUI conviction results in the revocation of driving privileges for a minimum of 1 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 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.

Springfield, 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 content (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 6 (six) 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 Driving Under the Influence (DUI); 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 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 increasingly more severe for any additional Driving Under the Influence (DUI) violations. Due to the complexity of DUI laws in Illinois, 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.