DUI/DWI/OWI

ILLINOIS DRIVING UNDER THE INFLUENCE OF ALCOHOL – LAWYERS WHO PROTECT YOUR INTERESTS

Driving under the influence of alcohol in Illinois is a serious offense.  Prosecutors statewide take these cases very seriously and it is imperative that you have professional representation knowledgable in DUI law to assist you through the entire process.

At Hall, Rustom & Fritz LLC, it is our goal to provide our clients with the highest quality legal advice available while remaining professional throughout the entirety of our clients’ cases.  In Illinois, there are thousands of DUI arrests per year.  Unfortunately, this statistic will not provide you with comfort; however, it should serve to illustrate that many people are going through the same charges, having to defend and resolve cases with the least amount of punishment.

It is our duty to answer our clients’ questions in a timely manner, make our clients’ court appearances quicker and less stressful, and advise our clients as to the law to the best of our ability.

RESPONSIVE, CAPABLE AND ATTENTIVE LEGAL ADVICE.  LAWYERS WHO CARE ABOUT THE RESULTS WE OBTAIN FOR OUR CLIENTS.  WE MAKE OUR CASES PERSONAL.

If you have just been arrested for DUI in Illinois, you should expect the following to occur within the first 3 months of your case (assuming the police did everything they are required to do under the law):

Criminal Record Showing the Arrest

  • Once you are booked and fingerprinted, the arrest is reported to the National Criminal Information Center (NCIC) where the arrest is recorded.  At this point, the arrest may likely show up on a background check.  It is not guaranteed, but it could show, depending on the depth of the background search.

Suspension of your driving privileges

  • Under Illinois law, if a police officer suspects you of operating your motor vehicle on a publicly maintained highway/roadway in Illinois, he/she can request that you submit to chemical testing for alcohol or drugs.  If you submit to the breath, blood or urine test, and you reveal a BAC in excess of .08 or above, or your blood or urine reveal illegal drugs or prescription drugs in your system (if the prescription drugs caused your impairment), your driving privileges will be suspended for a definite period of time.  If the police officer timely and properly served you with a carbon-copy document entitled “Notice of Summary Suspension,” the 46 day time period will start on your driving privileges.  On the 46th day from the date you were served with the notice, your driving privileges will be suspended throughout Illinois and most all states in the United States.

Monitoring Device Driving Permit (MDDP)

  • If you submitted to testing and revealed a BAC of .08 or above, or your urine or blood revealed illegal drugs (zero tolerance for illegal drugs in Illinois) or prescription drugs that impaired you, if you are a first offender, your driving privileges will be suspended for a period of 6 months.  During that 6 month suspension, you will not be able to drive for the first 30 days of that suspension.  As a first offender in Illinois, you will automatically be enrolled in the Monitoring Device Driving Permit (MDDP).  This permit will allow you to drive 24/7, so long as you have a valid MDDP and a Breath Alcohol Interlock Ignition Device (BAIID) installed in each and every vehicle you intend to drive during your suspension.  The BAIID requires installation at a certified BAIID installer.  There are lease fees you will have to pay in addition to monitoring fees required by the Illinois Secretary of State (ILSOS).
  • You may qualify for a work exemption under certain circumstances.
  • You will have to pay a $250 reinstatement fee to the ILSOS before your driving privileges are reinstated.

Chronology of a typical DUI Arrest

(taken from publication dsd_a118.pdf from cyberdriveillinois.com)

 

  • An officer stops a vehicle at a roadside safety check or for probable cause, reasonablesuspicion or unusual operation.
  • The officer observes the driver and requests a driver’s license, vehicle registration and insurance card.
  • If the officer suspects the driver is under the influence, the driver is asked to submit to field sobriety tests.
  • If the officer does not suspect the driver is under the influence, the driver is released with any applicable violations.
  • If the officer has probable cause based on the field sobriety tests, the driver is placed under arrest for DUI and taken to the police station. The driver is asked to submit to chemical testing of breath, urine or blood.
  • Ifatesteddriver’sBACismorethan.05butlessthan.08andnodrugsarefound in the system, no statutory summary suspension (see page 9) will apply; how- ever, the associated DUI charge will remain until appropriate action is taken by the court.
  • If the driver refuses to submit to or fails to complete testing, the statutory summary suspension will apply. A repeat offender who refuses to submit to testing is not eligible for a Restricted Driving Permit (RDP) during the 3-year suspension. A repeat offender who takes the test and fails is not eligible for an RDP during the 1-year suspension. If the driver is a firsttime DUI offender, he/she may be eligible for a Monitoring Device Driving Permit.
  • If the driver’s test results show a BAC of .08 or more, or any trace of a drug, illegal substance or intoxicating compound, the driver will be issued a law enforcement sworn report notifying the driver of a statutory summary suspension.
  • If the driver’s license is valid, a receipt is issued allowing driving for 45 days.
  • A driver may obtain additional testing at his/her own expense; the results are
  • admissible in court.
  • Theoffenderisrequiredtopostbondandmaybedetaineduntilbondisposted.
  • The offender’s vehicle may be towed, impounded or seized.  (Most municipalities charge between $100 and $600 for the impound fee).

 

PENALTIES FOR A DUI CONVICTION

(taken from publication dsd_a118.pdf from cyberdriveillinois.com)

 

Penalties for DUI in Illinois vary depending on the circumstances of the arrest and conviction. These circumstances may include the driver’s age, the driver’s BAC level, whether the driver was transporting a child under age 16, and whether the driver has previous DUI convictions. Any DUI offense resulting in felony charges is classified as Aggravated DUI.

First Conviction

  • Class A misdemeanor; minimum revocation of driving privileges for 1 year (2 years if driver is under age 21); suspension of vehicle registration.
  • IfcommittedwithaBACof.16ormore—Inadditiontoanypenaltiesorfines, mandatory minimum fine of $500 and mandatory minimum 100 hours of community service.
  • Ifcommittedwhiletransportingachildunderage16—Inadditiontoanypenalties or fines, possible imprisonment of up to 6 months, mandatory minimum fineof $1,000 and 25 days of community service in a program benefiting children.
  • If committed while transporting a child under age 16 and involved in a crash that resulted in bodily harm to the child (Aggravated DUI); Class 4 felony — In addition to any other criminal or administrative sanctions, mandatory fine of$2,500 and 25 days of community service in a program benefiting children.

Second Conviction

  • Class A misdemeanor; mandatory minimum imprisonment of 5 days or 240 hours of community service; revocation of driving privileges for a minimum of 5 years for a second conviction within 20 years; suspension of vehicle registration.
  • IfcommittedwithaBACof.16ormore—Inadditiontoanypenaltiesorfines,mandatory imprisonment of 2 days and mandatory minimum fine of $1,250.
  • If committed while transporting a child under age 16 (Aggravated DUI); Class4 felony.
  • If committed while transporting a child under age 16 and involved in a crash that resulted in bodily harm to the child (Aggravated DUI); Class 2 felony — In addition to any other criminal or administrative sanctions, mandatory fine of $5,000 and 25 days of community service in a program benefiting children.

Third Conviction (Aggravated DUI)

  • Class 2 felony; revocation of driving privileges for a minimum of 10 years; suspension of vehicle registration.
  • If committed with BAC of .16 or more — In addition to any other criminal oradministrative sanctions, mandatory imprisonment of 90 days and mandatory minimum fine of $2,500.
  • If committed while transporting a child under age 16 — In addition to any other criminal or administrative sanctions, mandatory fine of $25,000 and 25 days of community service in a program benefiting children.

Fourth Conviction (Aggravated DUI)

  • Class 2 felony; revocation of driving privileges for life with no relief available; suspension of vehicle registration.
  • If committed with a BAC of .16 or more — In addition to any other criminal oradministrative sanctions, mandatory minimum fine of $5,000.
  • If committed while transporting a child under age 16 — In addition to any other criminal or administrative sanctions, mandatory fine of $25,000 and 25 days ofcommunity service in a program benefiting children.

Fifth Conviction (Aggravated DUI)

  • Class 1 felony; revocation of driving privileges for life with no relief available; suspension of vehicle registration.
  • If committed with a BAC of .16 or more — In addition to any other criminal oradministrative sanctions, mandatory minimum fine of $5,000.
  • If committed while transporting a child under age 16 — In addition to any other criminal or administrative sanctions, mandatory fine of $25,000 and 25 days of community service in a program benefiting children.

Sixth or Subsequent Conviction (Aggravated DUI)

  • Class X felony; revocation of driving privileges for life with no relief available; suspension of vehicle registration.
  • If committed with a BAC of .16 or more — In addition to any other criminal oradministrative sanctions, mandatory minimum fine of $5,000.
  • If committed while transporting a child under age 16 — In addition to any other criminal or administrative sanctions, mandatory fine of $25,000 and 25 days ofcommunity service in a program benefiting children.

Aggravated DUI

Any DUI offense resulting in felony charges is classified as Aggravated DUI. Any mandatory term of imprisonment or community service is not subject to suspension or reduction. Any person sentenced to probation or conditional discharge also must serve a minimum 480 hours of community service or 10 days imprisonment.

Aggravated DUI includes the following offenses:

  • Third or subsequent DUI (Class 2 felony; penalties vary according to offense).
  • DUI committed while driving a school bus carrying persons age 18 or younger(Class 4 felony).
  • DUI resulting in great bodilyharm, permanent disabilityor disfigurement(Class4 felony). Revocationof driving privileges for a minimum of 2 years.
  • Second or subsequent DUI committed while transporting a child under age 16(Class 2 felony; penalties vary according to offense).
  • DUI committed while transporting a child under age 16 and involved in a crashthat resulted in bodily harm to the child (Class 2 felony; penalties vary accordingto offense).
  • DUI committed without a valid driver’s license or permit (Class 4 felony).
  • DUI committed without vehicle liability insurance (Class 4 felony).
  • DUI committed after a previous conviction for reckless homicide while DUI orAggravated DUI involving a death (Class 3 felony).
  • DUI committed in a school zone while the restricted speed limit is in effect and involved in a crash that resulted in bodily harm (Class 4 felony).
  • DUI committed while revoked or suspended for DUI, reckless homicide or leaving the scene of a personal injury or death (Class 4 felony). Any penalty imposedis in addition to the penalty for any subsequent DUI violation. Revocation perioddetermined by offense.
  • DUI resulting in a death (Class 2 felony). Revocation of driving privileges for aminimum of 2 years from the effective date of the revocation or from the dateof release from incarceration for the offense.

Additional Consequences of DUI

  • A DUI conviction is a permanent part of an offender’s driving record.
  • The offender may lose work time.
  • The offender is required to complete an alcohol/drug evaluation and an alcohol/drug remedial education course or substance abuse treatment programbefore driving privileges are reinstated.
  • The offender must meet the requirements of the Secretary of State’s Department of Administrative Hearings prior to obtaining an RDP.
  • A BAIID may be installed on the offender’s vehicle as a condition of driving relief.
  • The offender is required to carry high-risk auto insurance for 3 years.
  • The offender’s vehicle registration will be suspended.
  • The vehicle (vessel or aircraft) of any driver may be seized or impounded by localauthorities for:
  • committing a DUI while driving privileges are suspended/revoked for aprevious DUI or reckless homicide;
  • committing a DUI with a previous conviction of reckless homicide, aggravated DUI with death or great bodily harm;committing a third or subsequent DUI;
  • committing a DUI without a valid driver’s license or permit; or
  • committing a DUI while uninsured.

The DUI criminal charge is prosecuted and adjudicated in the courts. This chargeis separate from the statutory summary suspension, which is an administrativeprocess. A person convicted of DUI whose driving privileges were suspended because of a statutory summary suspension will have that time credited to the minimum period of revocation of driving privileges.

If a driver is convicted of DUI in another state, the conviction will be added tohis/her Illinois driving record and result in revocation of driving privileges.

CONCLUSION

It is important that you are represented to the fullest extent of the law if you are facing a DUI charge.  Many collateral consequences could occur and you will need competent legal representation.

Attorneys at Hall, Rustom & Fritz LLC concentrate in the area of DUI and OWI.  Managing Member Jeffrey R. Hall is the former chief traffic prosecutor in Tazewell County, IL and he has many years of experience in this area.  Contact Attorney Hall at (309) 699-4691 or email him at jhall@hallrustomfritz.com.

The ILSOS has an informative brochure that will provide you with more information regarding DUI.  It can be read by clicking here:  http://www.cyberdriveillinois.com/publications/pdf_publications/dsd_a118.pdf

CALL THE LAWYERS AT HALL, RUSTOM & FRITZ LLC TO GET LEGAL REPRESENTATION IF YOU ARE ARRESTED FOR DUI IN ILLINOIS SO WE CAN PROTECT YOUR INTERESTS.

We’re here to help you in your time of need.  Contact us today and schedule a free case evaluation.  You will receive experienced, hard-working, no-nonsense, affordable Peoria area DUI lawyers for your case.

Hall, Rustom & Fritz LLC – Concentrating in protecting our DUI clients.

Hall, Rustom & Fritz, LLC, 316 SW Washington Street, Suite 1A, Peoria, Illinois 61602