Illinois DUI Law & Lawyers: DUI-Web

.com

If you are arrested for a DUI in Illinois you will face two separate cases, which is similar to most states. First you will face the criminal case that stems from the criminal charges filed against you in connection with your arrest for DUI. The punishment for the criminal charges can include license suspension, mandatory substance abuse counseling, fines and even jail time. The second case is the administrative case dealing solely with your privilege to drive. The burden of proof with each case is different and it is possible to lose your license even if you are acquitted of the criminal charges or the criminal case is dismissed.

The legal limit for a DUI in Illinois is .08%. This means that if you are suspected of driving under the influence and are arrested for a DUI and submit to a chemical test and the results of the test indicate that you were driving with a BAC of .08% or higher you will be charged with a DUI. Just because you have a BAC of .08% or higher according to the test does not in and of itself mean you will be convicted for the DUI. There are many legal theories and defenses to present to the court and/or jury which could result in a reduction in charges or acquittal. If you have been arrested for a DUI in the State of Illinois it is imperative you contact a qualified DUI defense attorney immediately to secure your rights.

The DUI Criminal Case

The first or second offense DUI in Illinois is treated as a misdemeanor. The third offense could be treated at a felony. With the first offense you may be eligible for court supervision, which means that if you successfully complete the court supervision without any other criminal offenses (which is dependent upon the conditions of your supervision) the DUI charges will be dismissed (but not removed from the public record).

In addition, if you are convicted of a first time DUI in Illinois your license will be suspended for one year (with a hardship license available after at least 30 days suspension) and you may be subject to up to 364 days in jail and up to $2,500 in fines dependent upon the circumstances of your arrest.

The DUI Summary Suspenion of Your License

If you are arrested for a DUI and the chemical test results are .08% or higher or you refuse to take the chemical your license will be suspended starting 46 days after your arrest if the arrest was your first offense. This action is taken automatically by the Secretary of State. The length of suspensions are…

a. Three months for "first offenders" (those without prior DUI's in the past five years) who have an alcohol concentration of .08 or more.
b. One year for persons with a BAC of .08 or more who are not first offenders.
c. Six months for "first offenders" who refuse any or all testing; and
d. Two years for those who refuse chemical testing who are not "first offenders."