DUI Defense in the State of Illinois

Daniel D. Hinich – DUI Defense Lawyer near you

DUI DefenseIllinois has good reason to be concerned about DUIs – over 25,000 people are arrested yearly for the offense in Illinois and 300 people a year die from alcohol-related crashes. A first offense DUI in Illinois entails both criminal penalties and prolonged license reinstatement process upon conviction. Note, the State of Illinois estimates that the total cost of a first time DUI (including raised insurance rates, temporary loss of income, court costs and other expenses at $16,000.

Administrative Penalties

  • First offense DUI in Illinois results in administrative license suspension of driving privileges for 6 months (the driver may be eligible for MDDP — Monitoring Device Driving Permit — on the 31st day of suspension).
  • If the driver refuses to consent under implied consent laws, license suspension stands at twelve (12) months.
  • The suspension is impending but does not automatically start at the date of arrest.
  • In the interim, the driver can challenge impending suspension via petition to rescind summary suspension hearing. This will require the insight and representation of legal counsel, but if successful, will prevent license suspension and related license reinstatement complications
  • Reinstatement, if suspended, entails mandatory full suspension period of thirty (30) days, with possibility of serving remainder suspension with restricted license, plus ignition interlock device

Criminal Penalties

  • First offense DUI in Illinois is Class A misdemeanor offense with potential of not more than one (1) year of incarceration, but in practice, offenders will face no minimum jail time
  • Fines can be up to $2,500 usually with a minimum payment requirement of $500.
  • Fine amounts do not include court costs and surcharges, nor do they cover costs of completing terms of the sentence, such as alcohol awareness courses or reinstatement process costs.
  • Alcohol awareness education likely required
  • Convictions remain a factor in future DUI arrests and for as long as you maintain driving privileges. That is, there is no limitation such as a “look back” period. Regardless of when you committed your first DUI, when your next DUI arrest will be considered your second.

You Need an Experienced Illinois DUI Lawyer

Although the state of Illinois explicitly forbids a plea option entailing reduction of charges to lesser offenses, using an experienced Illinois DUI lawyer can help with obtaining dismissal of charges, or if not feasible, an attorney can help you work towards gaining some favorable terms.  For more information, consult with Illinois DUI lawyer Daniel Hinich.