St. Louis, Illinois DUI Criminal Defense Attorney
Being charged with DUI is a serious offense that can have major repercussions, including loss of driving privileges, jail time, and monetary fines. 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 attorney will help you understand all of your options and rights.
The DUI criminal charge in St. Louis, 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 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.
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 imperative to remember that there may be other penalties to consider, and that each action must be handled separately.
Administrative Hearing
According to Illinois law, an individual has 90 (ninety) days to request a hearing to challenge a Statutory Summary Suspension from the Secretary of State of Illinois. In order to maintain your right to an administrative hearing, it is imperative you submit your request to the Secretary of State of Illinois within 90 days.
DUI Penalties for First Time Offenders
- Jail Time - A first time DUI (Driving Under the Influence) offender faces jail time of up to 1 (one) year.
- DUI Monetary Fines - Fines for a first time DUI (Driving Under the Influence) in St. Louis, Illinois can be up to $2,500.
- DUI & Illinois Driving Privileges - A first DUI (Driving Under the Influence) conviction results in the loss of driving privileges for at least one 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.
- Commercial Drivers - Commercial drivers in Illinois are in violation of the DUI statute with a BAC 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.
- 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 jail time; 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 jail time 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.
St. Louis, 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 DUI if additional evidence determines that the driver was impaired.
Contact a DWI criminal defense attorney for a fast, free consultation concerning your DUI (Driving Under the Influence) charge in St. Louis. |