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Driving Under the Influence in Chicago

Definition of DUI
DUI means Driving under the Influence. You are guilty of DUI if you are driving a motor vehicle (also a boat) and are under the influence of alcohol or drugs which make your mental faculties impaired.

Police officers watch for drivers who are swerving, driving without headlights at night, driving erratically, following too close, speeding and using their brakes more than necessary.  The officer will stop you and administer a standard field sobriety test to check for impaired driving.

A blood or breath test will determine if your blood alcohol level (BAC) is above 0.08, the legal limit for Chicago.  This is usually given at the police station or a local hospital.  You can refuse to take either test, but this may result in a longer suspension of driving privileges than if you failed the test. Furthermore, officials can hold this against you.
 
Overview
In Chicago if you receive a conviction for driving under the influence (DUI), it will change your life forever.  Being in control of a motor vehicle while under the influence of alcohol or drugs is a criminal offense.  Don’t take that chance.  Each time you are arrested for DUI, the penalties are more severe.

Contact DUI Defense The Law Offices of “Insert Attorney Name”.  Our attorneys specialize in DUI.  We are experienced and will give you the best possible drunk driving defense.  If you’re facing felony or misdemeanor charges for DUI, whether it’s your first offense or your 3rd, you need an experienced DUI lawyer. 

What are your rights?
If a police officer pulls you over, know your rights:

  • You have a right an attorney
      • after you’ve taken a blood or breath test
      • or have refused to take a test
  • You have the right to refuse the field sobriety test or the intoxilyzer test
      • your driver’s license will be suspended
        • that might be the best option if you are over the legal blood alcohol limit
      • tests can be used as evidence against you in court
  • You have the right to remain silent
      • statements could hurt you later

Court Procedure
A DUI conviction entails two procedures:

  1. a civil proceeding – to discuss suspension of your driver’s license
  2. criminal proceeding – to discuss criminal DUI charge and related offenses  

Consequences
The consequences of driving under the influence are severe in Chicago:

  • DUI conviction is a permanent part of your driving record
  • jail or prison
  • meet requirements of the Illinois Department of Administrative Hearings before obtaining a Restricted Driving Permit
  • will have to participate in an alcohol/drug evaluation
  • enroll in a substance abuse treatment program
  • high fines
  • increased insurance premiums or loss of insurance
      • will have to carry high-risk auto insurance for 36 months
  • suspension of your drivers’ license and vehicle registration
  • vehicle could be impounded
  • a Breath Alcohol Ignition Interlock Device (BAIID) will be installed on vehicle

Penalties
The attorneys at The DUI Defense Law Offices of “Insert Attorney Name” have extensive knowledge of the laws, police procedures, and the penalties.

First Conviction (under 21)

  • Class A misdemeanor
  • 0-12 months in jail
  • Loss of driving privileges for at least 2 years
  • 100 hours community service
  • Up to a $2,500 fine
  • Eligible for a Restricted Driving Permit after 1 year of revocation
  • A BAIID might have to be installed in vehicle – for driving relief

First Conviction (over 21)

  • Class A misdemeanor
  • 0-12 months in jail
  • Loss of driving privileges for minimum of 1 year
  • 100 hours community service
  • Up to a $2,500 fine
  • Eligible for a Restricted Driving Permit
  • A BAIID might have to be installed in vehicle – for driving relief

Conviction within 5 years of first conviction

  • Mandatory 5 days in jail or
  • 240 hours community service
  • Not eligible for probation
  • Up to $2,500 fine
  • Eligible for Restricted Driving Permit after 1 year revocation
  • Required to have a BAIID installed – for driving relief

Second Conviction

  • Class A misdemeanor
  • 0-12 months in jail
  • Loss of driving privileges for minimum of 5 years – if occurs within 20 years of first conviction
  • Up to $2,500 fine
  • Eligible for Restricted Driving Permit after 1 year of revocation
  • Required to have BAIID installed – for driving relief

Third Conviction (Aggravated DUI)

  • Class 2 felony
  • Mandatory minimum 10 days in jail or
  • 480 hours community service
  • Up to $25,000 fine
  • 3-7 years jail
  • Loss of driving privileges for minimum of 10 years

Within 5 years of previous conviction

  • Mandatory minimum 10 days in jail or
  • 480 hours community service
  • Not eligible for probation
  • Eligible for Restricted Driving Permit after 1 year revocation
  • BAIID required in vehicle – for driving relief

Fourth Conviction (Aggravated DUI)

  • Class 2 felony
  • Loss of driving privileges for life
  • Not eligible for driving relief
  • Up to $25,000 fine
  • 3-7 years jail

Fifth Conviction (Aggravated DUI)

  • Class 1 felony
  • Loss of driving privileges for life
  • Not eligible for driving relief
  • Up to $25,000 fine
  • 4-15 years jail

Sixth or more Convictions (Aggravated DUI)

  • Class X felony
  • 6-30 years jail
  • Up to $25,000 fine
  • Lifetime revocation of driving privileges
  • Not eligible for driving relief

Please Note:
Additional circumstances where the penalties are much more severe than those listed above:
 

  • Driving under the extreme influence where your blood alcohol concentration is.16 or greater
  • Driving drunk with a minor child in the vehicle
  • Driving with a suspended or revoked license – from previous DUI
  • Leaving the scene of a person injury or fatal crash
  • Reckless homicide
  • Aggravated DUI with a death

In Conclusion
The attorneys at The DUI defense Law Offices of “Insert Attorney Name” will make sure you receive the guidance and direction you need from beginning to end.  Our goal is to provide the best quality representation and advice to our clients.