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DUI – Driving While Under the Influence

Charged with DUI ?

Defendants are often concerned about a conviction but with DUI your rights can be effected even prior to a trial through a procedure called Statutory Summary Suspension (SSS). This fact alone demonstrates that DUI is a surprisingly complex area of the law.  Our attorneys include former prosecutors who now exclusively defend cases in criminal court in Southern Illinois. Many people talk about fighting a case and  beating it but our Attorneys can give you advice and representation you need to achieve the best outcome in your case. Continue reading for more information about DUI charges and how they may affect you.

Types of DUI Charges

The DUI Statute (625 ILCS 5/11-501) has a number of different ways that a person can be charged as DUI. Select a DUI type below for more information about a specific charging type under the statute.

Driving with a BAC above .08. 625 ILCS 5/11-501(a)(1).
Driving while under the influence of alcohol. 625 ILCS 5/11-501(a)(2).
Driving while under the influence  of drugs. 625 ILCS 5/11-501(a)(3).
Driving while any amount of drug. 625 ILCS 5/11-501(a)(4) or (6).
Excessive THC for medical cannabis card holder. 625 ILCS 5/11-501(a)(7).

 

Potential Consequences of DUI Conviction

First Offense

Court. First time DUI conviction is a Class A Misdemeanor punishable by up to 364 days in the county jail and a $2,500.00 fine (not including court ordered probation or treatment expenses.(730 ILCS 5/5-4.5-55). There is no mandatory minimum sentence for a first offense unless your BAC is .16 or greater at the time of the offense.

Secretary of State. A person who refuses to take a breathalyzer, blows over .08 on a breathalyzer, or is found to have drugs in their system in an amount over that authorized by law will be subject to a “statutory summary suspension” of their driver’s license (625 ILCS 5/11-501.1) beginning on the 46th day after you receive notice of the suspension. The length of suspension depends upon whether you refused the test – 1 year suspension – or took the test and failed – 6 months – and also, whether you are a first time offender. A refusal to take the test by a prior offender will result in a 3 year suspension. At the end of your suspension you will have to apply for reinstatement of your driving privileges.

Second and Subsequent Offense

Court. A second conviction for DUI is still a Class A Misdemeanor and is treated the same as first time offenders above except there is a mandatory minimum of either imprisonment in jail for 5 days or 240 hours of community service. A third or subsequent conviction is considered “Aggravated DUI” which is generally a Class 4 Felony.

Secretary of State. A second charge will be treated the same as the first for the suspension but a second conviction now requires you to have a breath alcohol ignition interlock device (BAIID) for 5 years if you are granted the right to reinstate your driver’s license.

 How we can help

Our attorneys vigorously defend DUI charges. When you come in for a consultation we will gather information about your case so that we can detect any possible grounds for motions to dismiss the charge before going to trial. If your case does not fit that then we will discuss all of your options with you including going to trial and plea negotiations. We want to help you achieve the best possible outcome for your case. Call today or submit a consultation request so that we can discuss your case!

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