Illinois DUI Law
Illinois DUI Law
DUI FACT SHEET
DUI DEFINED: The operation of a motor vehicle in the State of Illinois while 1) having a blood or breath alcohol concentration of .08 or greater; 2) under the influence of alcohol; 3) under the influence of any intoxicating compound, compounds, drug or drugs either in combination with alcohol or alone, rendering the driver incapable of driving safely; or 4) having any amount of a controlled substance, intoxicating compound, or cannabis in the driver’s system resulting from the illegal use of that substance, compound or cannabis.
PENALTIES: If charged as a Class A misdemeanor, the potential penalty is up to 364 days in jail and a fine of up to $2,500. If charged as a Class 4 felony, the potential penalty is up to 3 years in prison and a fine of up to $25,000.00. In certain instances it may be a Class 2 Felony carrying up to 7 years in prison.
LICENSE PENALTIES: There are two types of driver license penalties associated with a DUI. The first is the Statutory Summary Suspension. This happens on the 46th day after receiving notice, and is related to the taking of chemical tests shortly after being arrested for a DUI. This suspension can range from 3 months to 3 years. There are strict time periods related to court proceedings for a Summary Suspension.
If you receive such a suspension, you have only 90 days in which to contest it in court by filing a petition, asking a judge to lift the suspension. After filing the petition, the State must give you a hearing on your license status within 30 days or the suspension is lifted. This is a complex procedure, and it is best to have a lawyer quickly to best protect your driving privileges, or to assist you in obtaining a Judicial Driving Permit (JDP), which may allow you to drive during your suspension for work, school, or medical care.
The second type of license penalty is a revocation. This takes place with a conviction on the DUI, and takes away your driving privileges without a time limit. It is very difficult to have your license restored after a revocation. Individuals who are first time DUI offenders are eligible for supervision. This is not a conviction, and will not result in a revocation.
CRIMINAL MATTER: A DUI is a criminal charge, and the process after the arrest is the same as all other criminal charges.
DISCOVERY: The state must provide to you and your attorney the evidence that it has against you. This would include police reports, video tapes, hospital records, test results, status of testing equipment, and all other information in the state’s possession relating to the charges.
MOTIONS: This is a request by an attorney asking the judge to order that something be done. Some motions, if successful, such as Motion to Quash Arrest, Motion to Suppress Evidence, and Motion to Suppress Statement, can result in a case being dismissed. Experienced lawyers monitor the case and the evidence to determine if there are important motions to be made that affect their client’s freedom.
PLEA AGREEMENT: This is when the State’s Attorney, Defense Attorney, and Defendant agree what penalty will be imposed if the Defendant pleads guilty. An experienced attorney knows what the usual penalties are for specific situations; in that way he can arrange for the best possible outcome for his client.
TRIAL: In the event that there is no agreement in return for a plea (or the case is not disposed of by way of a motion), then a trial is held, and the defendant maintains his plea of not guilty. At trial, the state presents evidence to either a judge or a jury. If the state does not prove the defendant guilty beyond a reasonable doubt, the defendant is found not guilty and the case is over. If guilt is proved beyond a reasonable doubt, then the judge who presided at the trial will impose a penalty within the boundaries of the law.
© 2007 Shestokas Raines & Malavia, P.C
About the Author
Mr. Shestokas earned his B.A. in Political Science from Bradley University in 1975 and his Juris Doctor from The John Marshall Law School, cum laude, in June of 1987. He also studied law at Trinity College in Dublin, Ireland.