DUI INFORMATION

DUI Laws and Penalties

DUI INFORMATION

            Here is a brief overview of what it means to be charged with a DUI.  In Illinois, when one is charged with a DUI, there are two consequences.  The first affects your driving privileges.  The second is the misdemeanor charge of DUI, which involves monetary fines and sometimes more.

            As to your driving privileges, Illinois, like most states, has what is called an Implied Consent requirement.  Simply stated, under Illinois Law, if you have a driving license, are driving on a public roadway in Illinois, and a law enforcement officer believes you may be intoxicated, you must take a breath test, blood test or urine test, at the law enforcement officer's request or face certain consequences.

            If you are a First Offender, one who has never had a conviction or supervision for DUI, you are treated differently than if you have had a prior DUI anytime in your lifetime.  In all cases you are given 45 days from your arrest to challenge the loss of license, this involves the Statutory Summary Suspension.

            First Offender's have a shorter period of Statutory Summary Suspension (SSS), or loss of license and driving privileges.  If you took a blood, breath or urine test and were over 0.08% BAC, you loose your license for 180 days.  If you refused your alcohol tests then you loose your license for 360 days.  Upon termination of the SSS, either 180 days or 360 days after your license is suspended, you must send a check for $250.00 to the Secretary of State, approximately 30 days prior to the expiration of your suspension, to the Secretary of State, Driver Services Department, 2701 South Dirksen Parkway, Springfield, Illinois, 62723 so that full reinstatement of your driving privileges can be expedited.

            As of January 2009, Judicial Driving Permits will be a thing of the past.  Instead, first-time DUI offenders who lose their licenses will be eligible for “monitoring device driving permits” (MDDP), requiring them to drive vehicles equipped with breath alcohol ignition interlock devices, which will require motorists to have BAIIDs installed in their vehicle. The terms of a MDDP are far more liberal than those of the JDP, permitting driving 24/7 anywhere, for any reason, as long as the BAIID is installed and the drivers comply with all conditions for its use during the period of the MDDP.  The new statute also doubles the terms of driver’s license suspension.  DUI offenders will be responsible for the installation costs of their BAIIDs and, of course, will be required to pay administrative fees to the Secretary of State.

            If you have a prior DUI conviction or supervision, then the SSS will be for a longer period of time, and no MDDP is available.

(A)  Penalties

                        (1) A Conviction for DUI is a Class A misdemeanor;

(2) A second or subsequent violation for DUI has mandatory  minimum of either 5      days imprisonment OR 240 hours of community service in addition to any other criminal/administrative sanction;

(3) A DUI violation with a person under 16 in the car is subject to 6 months imprisonment and a mandatory minimum fine of $1,000 AND mandatory 25 days community service in a program benefitting children;

(4) A first violation for DUI where the BAC is over .16 has mandatory minimum of 100 hours community service AND minimum $500 fine in addition to any other criminal/administrative sanction;

(5) A second or subsequent violation where the BAC is over .16 has mandatory minimum of 2 days imprisonment AND minimum $1,250 fine in addition to any other criminal/administrative sanction.

            (B) Aggravated DUI-Felony eligible IF:

           

(a)    Third or subsequent DUI;

(b)   DUI while driving school bus;

(c)    DUI with accident resulting in great bodily harm;

(d)   Has prior conviction for reckless homicide due to DUI;

(e)    DUI while speeding in a school zone and where an accident occurred resulting in great bodily harm;

(f)    DUI with accident resulting in death;

(g)   DUI while revoked/suspended for DUI or for Reckless Homicide;

(h)   (not effective until Jan. 2009);

(i)     DUI while knowing (or should have known) they didn’t have insurance;

(j)     DUI with accident resulting in any amount of harm to passenger under 16;

(k)   A second violation of DUI while having person under 16 in the vehicle;

           

(C) Any mandatory term of imprisonment or community service mandated under this statute shall not be suspended/reduced by the court

(D) Any penalty imposed for DWS/DWR when license is suspended/revoked for DUI shall in addition to the penalties imposed under this statute (not concurrent)

            The DUI is generally a misdemeanor, with the maximum punishment of 364 days in jail and/or $2,500.00 in fines plus costs.  Generally, for First Offenders, you will be offered Court Supervision (a deferment of judgment, like a continuance of your case), a fine, costs, and treatment.  If you are not a First Offender then the State will usually seek a Conviction with Fines, Costs, Jail, occasionally Prison and the Victim Impact Panel.

            What you need to do to help me defend your charges is to first, after we talk, obtain an Affected Abstract from your local Driver Services Facility by seeing a Hearing Officer.  An Affected Abstract is a form that tells us what your driving record is.  The Hearing Officer at the Bethalto Facility is there on Friday's only from 8:30 a.m. until 3:30 p.m., (618) 258-0600.  You will need to call other facilities for their times.

            Next, you will need to be evaluated by a DASA (The State of Illinois Department of Alcohol and Substance Abuse) approved agency.  I recommend you see one of the court approve Alcohol Evaluators, see the attached list of providers.  The fee for the evaluation will be due when you go for the evaluation, and they will need copies of your arrest tickets and SSS Form, as well as a Significant Other to talk with about your life as required by DASA. Should you be ordered to obtain treatment, I have attached a copy of the courts list of approved treatment facilities.      

           

            In the meantime, I have entered my appearance as your attorney, so the date on your ticket is not the same as when we will go, and the court and I will notify you of your new court date.  I will also review the police reports of your arrest, and talk to you about them.  We can either meet at my office or talk on the phone, and decide our course of action.

            At court, usually many other cases are set on the DUI DOCKET, and we will try to work out your case as best I can.  You may have to wait, as generally there are dozens of cases set at the same time.  I will let you know what is going on, and give you your options.  If we can work it out the court will give you an order with certain requirements for you, and I'll explain those to you at court and with a reminder letter.  If it cannot be settled to your satisfaction, we will discuss your options.