In Illinois, there are two entirely separate proceedings following a DUI arrest. The first case against you is the criminal charge for DUI. The second case is a civil proceeding to determine whether or not you will be able to keep your license. Our Chicago DUI lawyers have successfully fought both the criminal and civil charges for clients all over Chicago, the Chicago suburbs, and throughout Illinois.
In Illinois, you can be arrested for DUI even if you do not submit to a breathalyzer test. If a police officer has a reasonable suspicion to believe that you are intoxicated the officer will generally ask you to perform field sobriety tests. The results of your field sobriety tests can be enough for you to be charged with a DUI, even without a breathalyzer test! Unfortunately, many of these field sobriety tests are not 100% reliable. Our DUI lawyers have successfully challenged the results of the DUI field sobriety tests, saving our clients from being wrongly convicted of DUI.
Many people arrested for DUI in Illinois do not realize that, in addition to a charge for DUI, their driver's license can be suspended. These suspensions are automatic and will happen on the 46th day following an arrest for DUI in Illinois. Because this is an automatic suspension, your license can be suspended even without a trial or opportunity to hire an experienced DUI lawyer! If you are arrested for DUI in Illinois with a breathalyzer reading of .08 or greater you will have your driver's license suspended for a mandatory 3 month period. A second arrest for DUI in Illinois with a failed breathalyzer calls for a mandatory 12 month suspension of your driver's license.
If you refuse to take a breathalyzer test after a DUI arrest in Illinois, you will face a mandatory 6 month suspension of your driver's license. If you have had prior DUI arrests and you refuse a breathalyzer, your license faces a mandatory 36 month suspension. A DUI conviction in Illinois will result in the loss of your license for one year. A second DUI conviction in Illinois will result in the loss of your license for five years. A third conviction for DUI in Illinois will result in the loss of your license for twenty years.
Our experienced Chicago DUI lawyers will start to work on your case immediately. Our lawyers will subpoena evidence, challenge the officer's testimony and reports, and attempt to have the charges against you reduced or dismissed. Our DUI lawyers have successfully challenged the results of these field sobriety tests for hundreds of clients in Chicago, the Chicago suburbs and throughout Illinois. We have tried hundreds of cases in Chicago, the Chicago suburbs, and throughout Illinois and won numerous cases for clients who were improperly arrested for DUI. We have saved our clients thousands of dollars in court costs and fees, and most importantly, saved our clients from having DUI convictions on their record. Contact us today to set up a free consultation so that our lawyers can begin to fight your case immediately.
If you depend on your driver's license for work, you will need to fight this suspension by filing a petition with the Court within 90 days after your arrest for DUI in Illinois. Our experienced Chicago DUI lawyers have successfully fought DUI license suspensions in Chicago, Chicago suburbs, and throughout Illinois. Contact our DUI lawyers now so that we may begin to fight your case immediately. Our DUI lawyers can file your petition today, and begin fighting the suspension of your driver's license at your next court date.
Even if your license is suspended, our experienced DUI lawyers can petition the court to grant you a Judicial Driving Permit. This Permit will allow you to drive to and from work following an arrest for DUI. A Judicial Driving Permit (JDP) may be available while your driver's license is suspended for DUI. There is no guarantee that you will receive a JDP. In fact, a Judge can grant you a JDP only after holding a hearing to determine if you are eligible for a JDP. Our experienced DUI lawyers have successfully petitioned the court for JDPs on behalf of hundreds of clients arrested for DUI in Chicago, the Chicago suburbs, and throughout Illinois. Contact our DUI lawyers today and we can file a petition to allow you to drive to and from work while fighting your DUI arrest.
In Illinois in 2004: 604 people were killed in alcohol-related crashes, which was 44 percent of the 1,356 total crash fatalities. More than 50,147 DUI arrests were recorded by the Secretary of State's office. 92 percent of all drivers arrested for DUI, who were eligible, lost their driving privileges. 2,694 drivers under age 21 lost their driving privileges due to "Use It & Lose It" law violations. 18 percent of those arrested for DUI are women, who represent 50 percent of all licensed drivers. Males ages 21-24 had the highest DUI arrest rate (about 28 per 1,000 licensed drivers). This rate was four times greater than that of all other drivers arrested for DUI (6 per 1,000). 83 percent of all drivers arrested for DUI are first offenders.
Illinois' .08 BAC limit was signed into law July 2, 1997. .08 is a measurement of the blood-alcohol concentration level at which drivers are considered intoxicated and, therefore, are prohibited from driving on Illinois roadways. All 50 states, the District of Columbia and Puerto Rico have .08 BAC per se laws. At .08, all drivers are impaired to the point that critical driving skills are greatly diminished. Studies indicate that at a .08 BAC level, a driver's steering, braking, speed control, lane changing, gear changing and judgments of speed and distance are all significantly impaired. To reach .08, a 170-lb. male would have to consume four or more drinks in a one-hour period on an empty stomach. A 137-lb. female would have to consume three drinks in one hour to reach .08. A drink is considered a 12-oz beer, a 5-oz. glass of wine or a cocktail containing 1.5 ounces of 80-proof liquor. At .08, a driver is three times more likely to be involved in a car crash than a sober driver, and 11 times more likely to be killed in a single-vehicle crash. Skeptics of .08 laws suggest that repeat offenders are the "real" problem with regard to drunk driving. However, about 80 percent of alcohol-related crash fatalities are caused by drivers with no arrests for drunk driving during the previous three years.