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DUI arrests in Illinois
trigger two separate cases: the court case, where the
punishment can include jail, fines, a suspended
driver's license, required alcohol education classes,
and more. A drunk driving arrest will also trigger an
administrative driver's license suspension that can
only be fought if there is a timely request for a
hearing. This is just one of the reasons it is so very
important to contact a DUI lawyer immediately by calling Toll Free 1.800.DUI.LAWS if you
or someone you care about is charged with drinking and
driving.
Even though this may seem like
double-punishment for
one crime (a violation of the Double Jeopardy clause
of the Constitution), the Illinois Supreme Court
recently held that a summary suspension of a driver's
license is not punishment and therefore does not
violate the double jeopardy clauses of the Illinois or
U.S. Constitutions.
The DUI Court Case
A first-time or second-time DUI is typically
charged as a misdemeanor, not a felony. However, a
third-time DUI, or a drunk driving case where someone
suffers great bodily harm will be treated as a felony.
A
first offender can receive court supervision,
only once, which will not be viewed as a conviction.
The criminal case is dismissed after successful
completion of court supervision, but can't be expunged
from the public record.
DUI convictions:
Driving under the influence of
alcohol and/or drugs will cause mandatory revocation
of your driver's license, plus criminal penalties of
up to 364 days in jail and a fine up to $2,500.
If you are convicted of a DUI, your
driver's
license and driving privileges will be revoked for a
minimum of one year for the first offense, five years
for a second offense committed within a 20-year
period, and 10 years for a third or subsequent
offense.
DUI conviction for those
under age 21 at the time
will result in your driving privileges being revoked
for a minimum of two years for your first offense; for
five years or until your 21st birthday, whichever is
longer, for your second offense; and for 10 years for
a third or subsequent offense. If you meet conditions
set by the Secretary of State, you can get a
restricted driving permit, good for 1 year, which
generally allows driving only between 5 a.m. and 9
p.m. After that, you can apply for (but are not
assured of getting) a regular driver's license. Those
are the penalties for a first offense. For a second
offense within 20 years, the same criminal penalties
apply, your license will be revoked, and you cannot
apply for another license for 5 years. You can also be
sentenced to 48 hours in jail or 10 days of community
service. For a third conviction, which is a class 4
felony, you can be imprisoned up to 3 years and fined
up to $25,000; your license will be revoked; and you
cannot apply for another one for 10 years. For a
fourth offense, you can be imprisoned up to 3 years,
fined up to $25,000, and can NEVER AGAIN legally
drive.
The DUI Driver's License Case (Statutory Summary
Suspension)
If you are arrested for Driving Under the Influence
(alcohol, drugs or combination thereof) and
test above the legal limit (.08%) or refuse to
submit to a test, your license will be suspended
starting 46 days after the arrest as the result of an
action automatically taken by the Secretary of State.
Before the suspension starts, you may
request to have
a hearing in court, which will stop the suspension.
Also, you may be eligible for a Judicial Driving
Permit license for work or medical reasons while your
license is suspended.
If a person refuses to submit to
chemical testing
or submits to a test disclosing a blood alcohol
concentration of .08 or more, his or her license will
be suspended on the 46th day from the date of service
with a notice of suspension (also known as the law
enforcement sworn report).
The length of suspension is as follows:
- Three months for "first offenders" (those
without prior DUI's in the past five years) who
have an alcohol concentration of .08 or more.
- One year for persons with a BAC of .08 or more
who are not first offenders.
- Six months for "first offenders" who
refuse any or all testing; and
- Two years for those who refuse chemical testing
who are not "first offenders."
The term "first offender," as used in the
above paragraph, is somewhat misleading. Those with a
prior DUI conviction, court supervision, or reduction
to reckless driving more than five years before the
date of current arrest are considered first offenders
even though they are ineligible for court supervision
on the criminal charge of DUI. It is proper to inform
a person that he is a first offender even though he is
not eligible for court supervision because the civil
suspension and criminal proceedings are separate and
distinct.
Judicial driving permits
Only first offenders are eligible for judicial
driving permits. JDPs are issued by the judge, and
allow a person to drive to and from home to work,
school, medical treatments (for any family member) and
alcohol treatment from the 31st day of the suspension
until the end of the suspension period.
Non-first-offenders who fail chemical testing may
apply for a restricted driving permit from the
Secretary of State. Non-first-offenders who refuse
chemical testing are ineligible for any hardship
licensing during the entire two-year period. However,
a recent case has held that the lack of hardship
relief to non-first-offenders who refuse testing
violates equal protection and due process, and thus
the trial court rescinded the two-year suspension.
This case is presently on direct appeal to the
Illinois Supreme Court.
Read more about Illinois DUI / DWI Law. |
