DuPage County Defense Lawyers Explain Illinois DUI Laws

Attorneys Representing Clients Charged With Drunk Driving in the Lombard Area

In Illinois, first-time DUI offenders are eligible for a sentence of Court Supervision. If the sentence of Court Supervision is terminated successfully, it will not constitute a conviction on your driving record. In order to be considered a first-time offender, you must not have any prior DUIs on your record or have a Statutory Summary Suspension of your driving privileges within the last five years.

Court supervision is only available once for a DUI charge. If you have received court supervision for DUI at any previous point in your life, you will not be eligible for another court supervision. If you carry a commercial driver's license, any sentence you receive as a first-time DUI offender, including a supervision sentence, will constitute a conviction on your driving record and will result in a CDL disqualification for one year.

Effect on Driving Privileges in Illinois

In Illinois, a first-time DUI offender who is arrested after they submit to a chemical test, either a breathalyzer or a blood test, which results in an alcohol concentration of .08 or greater, THC of more than 5 nanograms per milliliter of whole blood or 10 nanograms milliliter of other bodily substance, or any trace of other illicit drugs, will have their driving privileges suspended for six months. Anyone arrested for a second or subsequent offense will have their driving privileges suspended for one year.

Any first-time offender who refuses to submit to a chemical test will have their driving privileges suspended for 12 months. Any person who refuses to submit to a chemical test for a second or subsequent offense will have their driving privileges suspended for three years.

Any individual convicted of DUI will have their driving privileges revoked for one year for a first offense, five years for a second offense, 10 years for a third offense, and for life for a fourth offense. First-time DUI offenders will be required to have an ignition interlock device on all vehicles owned by or registered to the individual.

Driving During the Suspension:

During the Statutory Summary Suspension of their driver's license, a first-time DUI offender may qualify for a Monitoring Device Driving Permit (MDDP). Second or third-time offenders may qualify for a Restricted Driving Permit (RDP) if they can show that hardship exists. These types of permits will allow them to drive, as long as they have a Breath Alcohol Ignition Interlock Device (BAIID) installed in their vehicle. A BAIID is similar to a breathalyzer in that you must blow into the BAIID so that your alcohol concentration level may be determined before your car will start. All costs affiliated with the installation and use of the device is the responsibility of the driver.

If you are caught driving a vehicle without a BAIID, it will constitute a Class 4 Felony, punishable by one to three years imprisonment.

If issued a citation for any traffic offense while driving with an MDDP, the court who granted the MDDP, after a hearing, shall determine if the violation constitutes grounds for cancelling the MDDP.

Any violation of the requirements for using the MDDP which occur during the period of Summary Suspension shall result in a three-month extension of the Summary Suspension. If the Summary Suspension is extended three times, the vehicle will be impounded for 30 days.

Consequences of Driving Under the Influence with Passengers Under the Age of 16 in Illinois

If you receive a citation for Driving Under the Influence while you have passengers under the age of 16 in the car, you will likely also be charged with Child Endangerment. Also, it may lead to a DCFS investigation and may result in the removal of the children from your care, custody, and control.

Additionally, any person who was Driving Under the Influence with passengers under the age of 16 in the vehicle is facing a sentence of up to six months of imprisonment, a $1,000 fine, and 25 days of community service.

Consequences of Aggravated Driving Under the Influence in Illinois:

An Aggravated DUI is at least a Class 4 Felony, punishable by one to three years of imprisonment. A DUI may be charged as an Aggravated DUI for any of the following reasons:

1. It is a third or greater violation of Driving Under the Influence;
2. The DUI was committed while driving a school bus with passengers age 18 or younger;
3. While committing the DUI, there was a motor vehicle accident resulting in great bodily harm or permanent disability or disfigurement to another, and the DUI was the proximate cause of the injury;
4. It is a second violation of Driving Under the Influence, and there is a previous conviction for reckless homicide relating to being under the influence of drugs or alcohol;
5. The DUI was committed while driving in a school zone while a restricted speed limit was in effect, and the driver was involved in a motor vehicle accident that resulted in bodily harm;
6. The DUI resulted in someone's death;
7. The DUI was committed while the Defendant's driver's license was suspended or revoked because of a previous DUI, a motor vehicle accident causing death or injury, or reckless homicide;
8. The DUI was committed and the Defendant did not possess a driver's license, permit, restricted driving permit, or judicial driving permit;
9. The DUI was committed and the vehicle was not insured;
10. While committing the DUI, there was a motor vehicle accident which results in bodily harm to a passenger of the vehicle who was under the age of 16;
11. It is a second violation of Driving Under the Influence, and the Defendant was transporting a person under the age of 16;

Mandatory Sentences:

If you receive a mandatory jail sentence for a DUI, it is not eligible for good time or day-for-day credit, nor does the Court have the authority to suspend or reduce the sentence. All mandatory jail sentences will be served out in their entirety.

A first conviction for DUI constitutes a Class A Misdemeanor, punishable by up to one year in jail. A first-time offender whose alcohol concentration level is .16 or greater (two times the legal limit), is facing a mandatory minimum of 100 hours of community service plus a mandatory minimum fine of $500.

A second conviction for DUI constitutes a Class A Misdemeanor and carries a minimum term of either 5 days imprisonment or 240 hours of community service. If this was your second offense and your alcohol concentration level was .16 or greater (two times the legal limit), the sentence is a mandatory minimum of 2 days imprisonment and a mandatory minimum fine of $1,250.

A third conviction for DUI elevates the offense to Aggravated DUI and constitutes a Class 2 Felony, punishable by three to seven years imprisonment. If a third offense was committed with a blood alcohol concentration level of .16 or greater (two times the legal limit), the sentence is a mandatory minimum 90 days imprisonment and a mandatory minimum fine of $2,500. If a third offense is committed while driving with a passenger under the age of 16, there is a mandatory fine of $25,000 and a mandatory 25 days community service.

Any sentence of Probation or Conditional Discharge for an Aggravated DUI also carries a minimum of 480 hours of community service or 10 days imprisonment.

Call a Lombard DU Defense Attorney

The attorneys at Kathryn L. Harry & Associates, P.C. are well-versed in DUI defense. With their years of experience as defense attorneys, they will work with you to develop a defense theory that is right for you. They are experienced in negotiating reductions or plea bargains, as well as cross-examining officers and exposing the failures of the Field Sobriety Testing and Breathalyzer machines in use today.

The real advantage to hiring the firm to defend your rights and freedom is the unique method of teamwork that is employed by our lawyers. We will review all the facts of your case together, brainstorming possible solutions and defenses and presenting options to you. Contact a DuPage County DUI defense lawyer at 630-472-9700 for a free consultation. Serving Downers Grove, Wheaton, Hinsdale, Westmont, Burr Ridge, and surrounding areas.