About Driving Under The Influence And Aggravated DUI Charges In Illinois
This basic information is meant only to answer some questions regarding DUI cases. We also have a FAQ on the types of DUI charges. For more information and a more complete explanation of your rights, please call Scott W. Sheen & Associates, P.C. at 331-318-2280 for a free telephone or office consultation, or send us an email today.
Statutory Summary Suspension Of Driver’s License
- Your driver’s license will be suspended if you are arrested for DUI and either
- you submit to a chemical test which reveals an alcohol concentration of 0.08 or greater or
- you refuse to submit to a chemical test.
- The suspension of your license is civil case separate from the criminal charge of DUI. Judicial Driving Permits will not be available for cases after January 1, 2009.
- Commencement of suspension: Suspension commences on the 46th day following receipt of notice of suspension, usually the date of arrest.
- Length of suspension: The length of suspension depends on whether you are a first offender for implied consent purposes and whether you submit to or refuse chemical testing.
- First Offender For implied consent purposes: a first offender is one who has not had a previous conviction, court supervision or had been suspended for DUI within 5 years of the date of the arrest. You are eligible for a BAID device for the full 12 months if you pay the fee to the Secretary of State and install the BAID device.
First-Time Offender Suspension Lengths:
- Six-month suspension: If you are a first offender and submit to chemical testing showing 0.08 or more, your license will be suspended for six months. You are eligible for driving privileges right away if you get a BAID device and pay the Secretary of State fees.
- Twelve-month suspension: If you refuse chemical testing, your license will be suspended for 12 months.
If you have had a prior DUI or Statutory Summary Suspension within five years of your new arrest. If you are a second-time offender and you submit to chemical testing showing .08 or more or are positive for un-prescribed drugs your license will be suspended for one year. If you refuse any testing your license will be suspended for three years.
- Entitled to a hearing: You are entitled to a hearing before a judge within 30 days of making a written request for the hearing to determine if your license should be suspended. If you prevail, the suspension will be lifted. If you do not, you will obtain.
- Statute of limitation: You only have 90 days from the date of the Notice of Suspension to file a Petition to Rescind to contest your suspension.
Criminal Charges For DUI And Aggravated DUI
- DUI is usually charged as a Class A misdemeanor, which carries a penalty of up to 364 days in the county jail and/or a fine up to $2,500.00. However, DUI can also be charged as a Felony
- You are entitled to a trial by jury or a trial before a judge without a jury, but you are not required to go to trial or motion*. Instead, you may enter into a negotiated plea with the prosecutor or enter a “blind” plea before the court. You can also contest your DUI through a motion to Quash and Suppress evidence alleging an illegal stop, detention, search, & seizure.
DUI Sentencing Guide
Third or Fourth Offense
Fifth or Sixth Offense
Everyone’s specific legal circumstances are different. Call the office at 331-318-2280 or contact us by email to arrange a consultation to discuss your situation.
* Important restrictions and conditions may apply. Please call 331-318-2280 for more information.