Illinois DUI Lawyer

DUI Facts - Illinois In 2003 / Nationally / .08 BAC

In Illinois in 2003:

 639 people were killed in alcohol-related crashes, which was 44 percent of the 1,453 total crash fatalities.

 More than 49,000 DUI arrests were recorded by the Secretary of State's office.

 93 percent of all drivers arrested for DUI, who were eligible, lost their driving privileges.

 2,863 drivers under age 21 lost their driving privileges due to "Use It & Lose It" law violations.

 17 percent of those arrested for DUI are women, who represent 50 percent of all licensed drivers.

 Males ages 21-24 had the highest DUI arrest rate (27.6 per 1,000 licensed drivers). This rate was four times greater than that of all other drivers arrested for DUI (6 per 1,000).

83 percent of all drivers arrested for DUI are first offenders.

Illinois DUI cases are referred to as DUI, drunk driving, or driving under the influence. No matter what they are called, if you or someone you care about is charged with an Illinois DUI or drunk driving offense, you would be well served to retain a qualified defense lawyer.

 DUI arrests in Illinois trigger two separate cases: the court case, where the punishment can include jail, fines, a suspended driver's license, required alcohol education classes, and more. A drunk driving arrest will also trigger an administrative driver's license suspension that can only be fought if there is a timely request for a hearing. This is just one of the reasons it is so very important to contact a DUI lawyer immediately by calling Toll Free 1.800.DUI.LAWS if you or someone you care about is charged with drinking and driving.

Even though this may seem like double-punishment for one crime (a violation of the Double Jeopardy clause of the Constitution), the Illinois Supreme Court recently held that a summary suspension of a driver's license is not punishment and therefore does not violate the double jeopardy clauses of the Illinois or U.S. Constitutions.

The DUI Court Case

A first-time or second-time DUI is typically charged as a misdemeanor, not a felony. However, a third-time DUI, or a drunk driving case where someone suffers great bodily harm will be treated as a felony.

A first offender can receive court supervision, only once, which will not be viewed as a conviction. The criminal case is dismissed after successful completion of court supervision, but can't be expunged from the public record.

DUI convictions: Driving under the influence of alcohol and/or drugs will cause mandatory revocation of your driver's license, plus criminal penalties of up to 364 days in jail and a fine up to $2,500.

If you are convicted of a DUI, your driver's license and driving privileges will be revoked for a minimum of one year for the first offense, five years for a second offense committed within a 20-year period, and 10 years for a third or subsequent offense.

DUI conviction for those under age 21 at the time will result in your driving privileges being revoked for a minimum of two years for your first offense; for five years or until your 21st birthday, whichever is longer, for your second offense; and for 10 years for a third or subsequent offense. If you meet conditions set by the Secretary of State, you can get a restricted driving permit, good for 1 year, which generally allows driving only between 5 a.m. and 9 p.m. After that, you can apply for (but are not assured of getting) a regular driver's license. Those are the penalties for a first offense. For a second offense within 20 years, the same criminal penalties apply, your license will be revoked, and you cannot apply for another license for 5 years. You can also be sentenced to 48 hours in jail or 10 days of community service. For a third conviction, which is a class 4 felony, you can be imprisoned up to 3 years and fined up to $25,000; your license will be revoked; and you cannot apply for another one for 10 years. For a fourth offense, you can be imprisoned up to 3 years, fined up to $25,000, and can NEVER AGAIN legally drive.

The DUI Driver's License Case (Statutory Summary Suspension)

If you are arrested for Driving Under the Influence (alcohol, drugs or combination thereof) and test above the legal limit (.08%) or refuse to submit to a test, your license will be suspended starting 46 days after the arrest as the result of an action automatically taken by the Secretary of State. Before the suspension starts, you may request to have a hearing in court, which will stop the suspension. Also, you may be eligible for a Judicial Driving Permit license for work or medical reasons while your license is suspended.

If a person refuses to submit to chemical testing or submits to a test disclosing a blood alcohol concentration of .08 or more, his or her license will be suspended on the 46th day from the date of service with a notice of suspension (also known as the law enforcement sworn report).

The length of suspension is as follows:

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."

The term "first offender," as used in the above paragraph, is somewhat misleading. Those with a prior DUI conviction, court supervision, or reduction to reckless driving more than five years before the date of current arrest are considered first offenders even though they are ineligible for court supervision on the criminal charge of DUI. It is proper to inform a person that he is a first offender even though he is not eligible for court supervision because the civil suspension and criminal proceedings are separate and distinct.

Judicial driving permits

Only first offenders are eligible for judicial driving permits. JDPs are issued by the judge, and allow a person to drive to and from home to work, school, medical treatments (for any family member) and alcohol treatment from the 31st day of the suspension until the end of the suspension period.

Non-first-offenders who fail chemical testing may apply for a restricted driving permit from the Secretary of State. Non-first-offenders who refuse chemical testing are ineligible for any hardship licensing during the entire two-year period. However, a recent case has held that the lack of hardship relief to non-first-offenders who refuse testing violates equal protection and due process, and thus the trial court rescinded the two-year suspension. This case is presently on direct appeal to the Illinois Supreme Court.