Illinois DUI Help
Illinois DUI Help | Illinois DUI Lawyers | Illinois DUI | Illinois DUI Laws | DUI Attorney Illinois
“Illinois” is an Algonquin Indian word that means, "tribe of superior men." But if you get caught for an Illinois DUI, whether you are a man or woman, you’re not going to feel very superior.
Like all other states, the legally set limit for Illinois drunk driving is .08% blood alcohol content (BAC) or impairment by drugs. However, any individual showing blood alcohol levels between .05% to .08% may be convicted of an Illinois DUI (driving under the influence) if additional evidence can be brought to bear, such as open container or drugs found in the car, slurred speech, watery, bloodshot eyes, or sloppy physical reactions that indicate the driver was operating in an unsafe or impaired manner.
Get busted for Illinois DUI and you’ll face two gauntlets: One is a charge adjudicated through the court system. The other is the Illinois Secretary of State, Division of Motor Vehicles (DMV) administrative process. The first is a criminal trial and second is an administrative driver's license suspension hearing that can only take place if you or your Illinois DUI attorney make a timely request for a hearing.
There are several situations and conditions where an Illinois DUI may become “aggravated” and enhance penalties. These include the age of the driver, operator’s BAC level, if children were in the vehicle and prior DUI convictions.
First-time offenders may be eligible a JDP (judicial driving privilege) administered through the court system, or a restricted driving privilege (RPD) administered through the DMV, depending on conditions of hardship, previous record, refusing a chemical test or an enhanced BAC.
If you haven’t been drinking or you believe that you might have ingested or inhaled alcohol-based paints or solvents, or became impaired from a “benign sources” such as mouthwash, prescription or other over-the-counter drugs, be aware that you can still arrested for driving in an impaired or unsafe manner, even if you are not “legally drunk” under Illinois DUI law.
Be advised that 45 states and the District of Columbia have an out-of-state Driver’s License Compact Agreement. This means that if you are from out of state and are convicted for DUI in Illinois, Illinois will report the conviction to your home state. As a result, your home state very likely will take action to suspend your license. Offenses committed by out-of-state drivers can also create other complications. Consequently, it’s imperative that you contact a local Illinois DUI attorney to walk you through the state’s DUI procedures and insure that you don’t face complications with bail, jail and your driving privileges.
Across the country challenges to DUI laws and evidentiary procedures create lots of change. To be certain that you have correct and current knowledge, contact an Illinois DUI specialist. In any case, when you are stopped and arrested for suspicion of an Illinois DUI, request to see a DUI attorney – the sooner the better.
-- Info You Should Know --
General Illinois DUI Facts
Estimated Illinois DUI cost is $14,660, according to the state.
An Illinois drunk driving conviction is a permanent part of an offender's driving record.
You will lose work time for court appearances, etc.
You will be required to complete an alcohol/drug evaluation and an alcohol/drug remedial education, or substance abuse treatment program before driving privileges are reinstated.
You must meet the requirements of the Secretary of State's Department of Administrative Hearings prior to obtaining a restricted driver’s license.
Your vehicle may be impounded or seized.
A Breath Alcohol Ignition Interlock Device (BAIID) may be installed in your vehicle. If it detects a measurement of .02% BAC, it renders the vehicle’s ignition inoperative.
You are required to carry high-risk auto insurance for 36 consecutive months.
Your vehicle registration will be suspended or revoked.
If you are convicted in another state, Illinois DUI penalties will be imposed.
Was I Stopped Legally?
Basically you were stopped because of an equipment failure or an officer had probable cause to think you were driving in an impaired manner. Arrests for drunk driving in every state focus on four areas: driving patterns, physical appearance, field sobriety tests and chemical tests.
Not all reasons offered by officers are always legal. Check with an Illinois DWI attorney who will examine all the different aspects of your case, will defend you aggressively and try to mitigate any penalties.
Did I Have To Take a Field Sobriety Test (FST)?
Unlike blood and breath testing, submitting to an Illinois DUI "field sobriety test" is voluntary, but do not expect an officer to inform you of this. According to the National Highway Traffic Safety Administration (NHTSA), the only tests that have been shown to have some relevance to establishing legal intoxication are the One Leg Stand, the Heel to Toe and the Horizontal Gaze Nystagmus (HGN). The results of these tests will be entered as evidence against you. However, even under laboratory conditions, these DUI tests have only been established to be accurate in predicting blood alcohol content above .10% only 66% to 77% of the time.
Should I Have Talked To the Cop?
Remember that you don’t have to answer any questions that will incriminate you. Most people say that they have had a "couple" of drinks which is not necessarily incriminating. However such "statements of consumption" can be used against them at later hearings.
And if you plan to refuse a sobriety test – which may not be the best action – you should inform the officer who stopped you that you do not want to cooperate until instructed by your lawyer. But be advised if you refuse to test under the implied consent law you can lose you license on the spot, probably for many months.
Did I Have a Right To Make a Call?
The police are not required to advise the person of this right. But once you make a request, they are obligated to provide an opportunity to make a call, hopefully to an Illinois DUI specialist.
I’m Simply Going To Plead Guilty, Why Do I Need an Illinois DUI Lawyer?
DUI convictions and penalties can be long lasting and severe, both in court and with the DMV, which regulates your driving privileges. These penalties and the numerous and complicated laws relating to motor vehicles and Illinois DUI charges should be taken very seriously.
Experienced and skilled legal counsel may be able to help mitigate your problems by minimizing your legal penalties and maximizing your defenses. An Illinois DUI defense attorney will level the playing field between you and the prosecution in an effort to exercise and preserve your constitutional rights.
When considering consulting an Illinois DUI attorney, take into account the impact of a criminal conviction on your life: increased cost or cancellation of auto insurance, lowered credit ratings, lost educational opportunities, the inability to rent or own cars, restrictions on travel, loss of security clearances, employment barriers, possible loss of professional credentials or certifications, loss of voting privileges (if convicted of a felony), and the loss of freedom if you are sent to jail. Don’t you think your rights, personal possessions, achievements and abilities and are worth protecting?
What’s An Illinois DUI Defense Attorney Going To Cost?
One of the biggest concerns for people charged with a DUI are attorney fees. As cases vary, so does the cost. Most people don’t realize that money spent now on skillful help from an Illinois DUI attorney might save them thousands of dollars in the years to come. Can you put a price tag on your property, your rights and your good your name?
What Happens in Court?
You’ll have to make several appearances. In a criminal case you have the right to a jury trial with presumption of innocence, but once convicted, it can be up to the judge what punishment you will receive. The sentencing range, and whether the offense is a misdemeanor or felony, is based on a number of things, including the number of prior DUI convictions in the last 5 year “look back” period (the legal length of time that previous offenses can be used against you for penalties). These convictions include any previous Illinois administrative or criminal court DUI suspensions, for refusal to submit to a BAC test, or any DUI convictions in other states. There are also penalty enhancements due to aggravated circumstances.
In addition, a judge may require you to participate in alcohol or drug treatment programs as part of a parole (probation) program, or have an ignition interlock device installed on your vehicle. One condition of parole may be that you not drink or congregate where any alcoholic beverages are served (except for ball parks, concerts and restaurants). An experienced Illinois DUI attorney knows what to expect and how to get you the best outcome.
Can I Plea Bargain?
It is next to impossible to beat or plea bargain an Illinois DUI charge without an experienced DUI lawyer. Often an effective Illinois DUI attorney will be able to negotiate a plea to a lesser charge. While the plea bargaining is extremely advantageous to anyone accused of Illinois DUI, one must remember that if the original charge was a DUI, a conviction for any lesser crimes will still count as a prior conviction for calculating the mandatory minimums for an additional offense.
Remember that Illinois DUI convictions and penalties can be long lasting and severe, both in court and with the DMV. The laws relating to Illinois DUI convictions can be complicated and long lasting so the charges should be taken very seriously.
Is Being Punished by the Division of Motor Vehicles and the Criminal Courts Double Jeopardy?
Like most states, Illinois DUI law permits the enforcement of administrative penalties in addition to court punishments. That’s because the state considers driving a privilege, not a right, and therefore not subject to civil liberties. The Illinois Secretary of State, Division of Motor Vehicles, administers driver’s licenses, imposes civil penalties, and also serves as the judge, jury and enforcer of any punishment meted out.
What About Punishments for Multiple Illinois DUI’s?
Any time you face multiple or “aggravated” charges, or if death or injuries occur, the fallout from an Illinois DUI will get very heavy: thousands of dollars in fines, mandatory years of imprisonment, massive restitution and of loss of license for years, if not permanently. We cannot strongly enough recommend retaining an experienced Illinois DUI attorney in order to secure the best possible outcome of a potentially very bad situation.
-- Illinois DUI Criminal Penalties --
1st Illinois DUI Offense
A 1st DUI can be dismissed only one time after successful court supervision, but the conviction cannot be expunged.
Up to 1 year in jail.
1-year loss of driving privileges.
100 hours community service.
Fines of up to $1,000.
Eligible for RDP (through the Division of Motor Vehicles).
May be required to have a breath alcohol ignition interlock device (BAIID) installed in vehicle.
BAC of .16%, DUEI (driving under extreme influence), carry fines to $2500.
2nd Offense
3 year suspension of driver’s license.
Up to 12 months in jail.
48 hours mandatory jail time, or 10 days community service.
Eligible for RDP after 1 year of revocation.
Mandatory BAIID installed in vehicle.
5 year loss of license with one prior within last 5 years.
Mandatory 7 days in jail.
BAC of .16%, fines to $2,500.
3rd Offense (Aggravated DUI)
Class 2 felony.
Possible 3 to 7 years imprisonment.
Mandatory 10 days in jail or 480 hours community service.
Fines from $2,500 to $25,000.
10 years minimum loss of driving privileges.
Required BAIID installation.
4th Offense (Aggravated DUI)
Class 2 felony
Possible 3 to7 years imprisonment.
Fines from $2500 up to $25,000.
Lifetime loss of driving privileges, not eligible for any type of driver’s license.
5th Offense (Aggravated DUI)
Class 1 felony.
Possible 4 to15 years imprisonment.
Fines of up to $25,000.
Lifetime revocation of driving privileges.
Not eligible for any type of driving license.
6th Offense (Aggravated DUI)
Class X felony with possible 6 to 30 years imprisonment.
Fines of up to $25,000.
Lifetime revocation of driving privileges.
Not eligible for any type of driver’s license.
Refusal of BAC Testing
1st refusal, mandatory 6 month driver's license suspension.
2nd refusal, mandatory 36 month suspension.
1st refusal with commercial driver’s license1 year suspension.
2nd refusal lifetime CDL revocation.
Enhanced Penalties for Minor (under 16) in Vehicle
1st conviction mandatory 6 months in jail.
25 days community service.
1 year loss of driver’s license.
$1,000 to $2000 in fines.
Eligible for RPD.
Mandatory installation of BAIID device in vehicle.
Penalties for multiple offenses from 1 to 7 years in prison.
$2,500 to $25,00 in fines.
Up to 140 hours of community service.
5 to 10 years loss of license.
Under 21 DUI Conviction
Up to 12 months imprisonment.
2 years minimum loss of driving privileges (or until you are 21— whichever is longer).
18 or older are eligible for JDP, 16 or older for a RDP after one year of license revocation.
100 hours community service.
Fines up to $2,500.
Breath Alcohol Ignition Interlock Device (BAIID) may be required.
2nd Underage DUI
5 year minimum loss of driver’s license. (Or until 21 years, whichever is longer).
Mandatory 5 days in jail or 30 days community service, if prior is within 5 years.
1 year possible jail time.
$2500 maximum fine.
3rd Underage DUI
Class 4 felony.
10 year minimum loss of license.
10 days mandatory jail time, or 60 days community service.
1 to 3 years possible jail time.
$25,000 maximum fine if prior offense was committed within 5 years.
Transportation of Alcohol by Minor
$1000 maximum fine.
Driver’s license suspension 1st conviction
Driver’s license revocation for 2nd conviction.
Purchasing Alcohol Using False Driver’s License
Using a fake ID or another person’s ID to buy alcohol punishable by 1 to 3 years in jail.
2 to 5 years in prison or at least 25 hours of community service for obtaining a false driver’s license.
$500 to $25,000 maximum fine.
$25,000 maximum fine and 1 to 3 years in prison for lending a driver’s for illegal purposes.
-- Illinois DMV Penalties --
DUI Sanctions
1st time offender if you have had an Illinois DUI reduced to reckless driving or had no convictions in the past 5 years punishments include:
3 months driver’s license suspension.
No driver’s license suspension for a BAC of less than .08%, unless there are aggravated circumstances.
Request for DMV hearing temporarily stays the suspension.
May be eligible for JDP license.
6 months license suspension for refusing test.
1 year license suspension with a prior conviction.
2 years suspension for refusing test with a prior.
Illinois Commercial Driver’s License (CDL) DUI Penalties
To save your license you need to consult with an experienced Illinois DUI trial lawyer.
.04% BAC is the Illinois DUI legal limit for driving with a CDL .
When convicted while driving any vehicle, it could mean the end of your professional driving career.
A CDL holder does not qualify for a JDP to operate a commercial motor vehicle.
May be eligible for a JDP for basic driving privileges if the driver is a 1st offender.
A 2nd offense means a lifetime ban from obtaining a CDL.
– Disclaimer –
Only licensed and skilled Illinois DUI attorneys should provide you with bonified legal advice. Consequently, the aforementioned information on this web site should not be construed as legal advice, rather suggestions and a range or combination of helpful information and should not be substituted for speaking with an accredited Illinois DUI attorney. There is no warrantee, expressed or implied herein. These issues are complicated, laws change and litigation takes experience. Please let us refer you to a seasoned Illinois DUI trial professional.
– Citations –
ARTICLE V.
COMMERCIAL MOTOR VEHICLE OPERATORS
(625 ILCS 5/Ch. 6 Art. V heading)
Article VII - Driver License Compact
ARTICLE V. DRIVING WHILE INTOXICATED,
TRANSPORTING ALCOHOLIC LIQUOR,
AND RECKLESS DRIVING
(625 ILCS 5/Ch. 11 Art. V heading)
Illinois Department of Drive Services
2701 S. Dirksen Parkway
Springfield, IL 62723
(217) 782-6212
Springfield Office:
2701 S. Dirksen Parkway
Springfield, IL 62723
Phone: (217) 782-6212
Hours: Monday - Friday
8:00 a.m. - 5:00 p.m.
Chicago Office:
17 North State
Suite 1100
Chicago, IL 60602
Phone: (800) 252-8960
(312) 793-1010
Hours: Monday - Friday
8:00 a.m. - 5:00 p.m.
Illinois Department of Transportation/Department of Motor Vehicles
DUI Fact Book
http://www.dmv-department-of-motor-vehicles.com/IL_Illinois_dmv_department_of_motor_vehicles.htm
