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Illinois DUI Information

Did you know…the average cost of DUI when all is said and done can be around $10,000? At the Wheaton, Illinois, law office of Joseph I. Solon, Jr., P.C., I am a lawyer committed to helping defend the rights of those who have been charged with DUI. As a former prosecutor in the State’s Attorney’s Office, I have the inside knowledge and experience needed to effectively fight DUI charges. Contact me today for a free initial consultation.

It’s no secret that the State of Illinois is continuing to crack down on drunk drivers. Every year, thousands of Illinois residents find themselves in the unfortunate position of being pulled over after having a few drinks. Whether you are intoxicated or not, you could be arrested for DUI. That being said, it makes sense to understand the laws and the potential consequences of a drunk driving conviction.

What is the law?

• In Illinois, a person with a blood alcohol content (BAC) of .08 is considered legally drunk. However, it is important to note that a person can charged with DUI even if their BAC is less than .08.
• If you refuse to take a breath test, you will still have to face a DUI charge where it is the officer’s word against yours in court.
• A first-time DUI or second-time DUI is typically charged as a misdemeanor. However, third-offense DUIs, DUI cases where excessive alcohol is involved, and DUI cases in which a drunk driver causes great bodily harm will be treated as felony DUI.

What are the penalties under the law?

First DUI Conviction

• Loss of full driving privileges for a minimum of one (1) year
• Possible imprisonment for up to one (1) year
• Maximum fine of $2,500

It’s important to note than in Illinois, first-time DUI offenders are eligible for a program called “court supervision”. Under this program, if the requirements set forth by the court are met by the offender, the criminal DUI case is dismissed and you will not have a conviction on your record.

Second DUI Conviction

• Complete loss of your full driving privileges for a second conviction within a twenty (20) year period
• Mandatory jail time for a second conviction within a five (5) year period
• Possible imprisonment for up to one (1) year
• Maximum fine of $2,500.
• Some second time DUI offenders may also face felony charges depending on the circumstances.

Third DUI Conviction - Class 4 felony

• Revocation of driving privileges
• Possible imprisonment for up to three (3) years or more if you are eligible for extended sentencing

What about underage DUI?

Illinois is a zero tolerance State. That means drivers under age 21 with any trace of alcohol in their systems will lose their driving privileges. Underage drivers can be charged with driving under the influence if there is any trace of alcohol, any illegal drugs in their system, or if the arresting officer believes the driver to be impaired.

First Underage 21 DUI Conviction

• Loss of full driving privileges for a minimum of two (2) years
• Possible imprisonment for up to one (1) year
• Maximum $2,500 fine

Second Underage 21 DUI Conviction

• Loss of full driving privileges for a minimum of three years or until age 21, whichever is longer
• Mandatory 48 hours in jail or ten (10) days of community service
• Possible imprisonment for up to one (1) year
• Maximum $2,500 fine.

Third Underage 21 DUI Conviction - Class 4 Felony

• Revocation of full driving privileges
• Possible imprisonment for up to three (3) years or more
• Maximum $25,000 fine

If my license is suspended or revoked, is there any way to get a temporary permit?

In some cases, yes. First-time DUI offenders may apply to the court for a judicial driving permit (JDP) which would allow them to drive during the suspension (only under certain conditions and when no other form of transportation is available). However, the person must provide the court with a current alcohol and drug evaluation and must prove that a hardship exists.

Reinstating your license after revocation is a bit more complicated and involves the following:

• The driver must undergo an alcohol and drug evaluation. Proof of treatment must be submitted if a problem is indicated
• An alcohol and drug remedial education program must be completed
• Appearing before a Secretary of State hearing officer
• Proof of financial responsibility may have to be filed with the State

Fast Facts

• Did you know…the average cost of DUI, including court costs, fines, attorneys fees, and insurance hikes could be around $10,000?
• The cost could actually soar above $10,000
• Nationally, more than 17,000 people die each year in alcohol-related crashes, and about 1 million people are injured
• At .08 BAC, a driver is 11 times more likely to be killed in a single vehicle crash than a non-drinking driver

If you or a family member has been charged with DUI, contact me today for a free initial consultation. Together, we will figure out where you stand and what options you have, then determine the best course of action. Flexible appointment times, including evenings and weekends, are available.