DUI Charges

ILLINOIS DUI DEFENSE

criminal defence and dui defence lawyer

 call 708 606 4386 for a defence attorney

 “I highly recommend Edward to anybody looking for a very professional and well prepared lawyer. I came to Edward in a time of need, and fully understanding the severity of my situation he did his best to help me. The service was everything I could’ve asked for, as he was able to creatively find a way to beat my DUI case.” FIVE STARS! – Posted by a client  

“He help me beat a DUI case in. My license was taken away March 31st and I got my license back April 17 and he was very reasonable with his price.” FIVE STARS! – Posted by Jose

To receive the DUI discount you must do the following:

  1. Click here and fill out the criminal defense report form with your DUI information and we will contact you to set up a consultation at our office to learn more about your rights in DUI cases; or
  1. Call Now! 708.606.4386 and set up a consultation at our office to learn more about your rights in DUI cases.

DUI INFORMATION IN ILLINOIS

Have you been charged with Driving Under the Influence (DUI) in Illinois? Illinois DUI laws are stricter than other states in the sense that a motorist need not be driving to incur a DUI charge. Anyone who is in physical control of a motor vehicle and suspected to have consumed alcohol beyond the legal limit of .08 percent can be arrested and tried for DUI. A DUI in Illinois can result in the loss of your license, driving restrictions, expensive fines, increased insurance rates, and in the worst case scenario, jail time. It covers not just driving under the influence of alcohol (DUI), but drugs as well. It is well known that you will be written a citation if your blood-alcohol concentration (BAC) is 0.08% or higher; however, a less-known fact is that if it is between 0.05% and 0.08% and your behavior suggests impairment, you still risk being charged. As for driving under the influence of drugs, you risk losing your driving privileges if driving under the influence of medicinal marijuana and/or driving with an easy-to-reach open container of it.

It is not easy to fight a DUI case alone. Fortunately, the Law Office of Edward Johnson has experienced DUI lawyers to suit your individual case needs. Allow us to take care of filling out the necessary paperwork to get your case started, contact the prosecutor’s office, talk to the sectary of state, and personally speak to any insurance companies on your behalf. Call now to hire a DUI lawyer from our office.

Tips on Helping Your DUI Case

  • Do not take any sobriety tests – do not blow, do not walk the line.
  • Do not waive your rights.
  • Do not say anything because it will be used against you – wait until your legal representation is with you.

Having a DUI on your driving record can seriously affect your lifestyle and cost you thousands of dollars over the years.  However, there are several steps you can take to have your charges dropped and beat the DUI. Edward Johnson is a qualified DUI defense lawyer who can help you win your case and prove your innocence.

Punishments for DUI Offenders in Illinois

DUI charges and penalties will become more severe if the offense occurs more than once, turning into an Aggravated DUI. If it results in the death of another person, the charge will change to Drunk Driving Vehicular Homicide, a Class 2 felony, in which the penalties will instantly become more severe.

Breakdown of Penalties for a DUI Conviction in Illinois

Penalties for DUI in Illinois vary depending on the circumstances of the arrest and conviction. These circumstances may include the driver’s age, the driver’s BAC level, whether the driver was transporting a child under age 16 and whether the driver has previous DUI convictions. Any DUI offense resulting in felony charges is classified as Aggravated DUI.

First Conviction

Class A misdemeanor; minimum revocation of driving privileges for 1 year (2 years if driver is under age 21); suspension of vehicle registration.

  • If committed with a BAC of .16 or more — In addition to any penalties or fines, mandatory minimum fine of $500 and mandatory minimum 100 hours of community service.
  • If committed while transporting a child under age 16 — In addition to any penalties or fines, possible imprisonment of up to 6 months, mandatory minimum fine of $1,000 and 25 days of community service in a program benefiting children.
  • If committed while transporting a child under age 16 and involved in a crash that resulted in bodily harm to the child (Aggravated DUI); Class 4 felony — In addition to any other criminal or administrative sanctions, mandatory fine of $2,500 and 25 days of community service in a program benefiting children.

Second Conviction

Class A misdemeanor; mandatory minimum imprisonment of 5 days or 240 hours of community service; revocation of driving privileges for a minimum of 5 years for a second conviction within 20 years; suspension of vehicle registration.

  • If committed with a BAC of .16 or more — In addition to any penalties or fines, mandatory imprisonment of 2 days and mandatory minimum fine of $1,250.
  • If committed while transporting a child under age 16 (Aggravated DUI); Class 4 felony.
  • If committed while transporting a child under age 16 and involved in a crash that resulted in bodily harm to the child (Aggravated DUI); Class 2 felony — In addition to any other criminal or administrative sanctions, mandatory fine of $5,000 and 25 days of community service in a program benefiting children.

Third Conviction (Aggravated DUI)

Class 2 felony; revocation of driving privileges for a minimum of 10 years; suspension of vehicle registration.

  • If committed with a BAC of .16 or more — In addition to any other criminal or administrative sanctions, mandatory imprisonment of 90 days and mandatory minimum fine of $2,500.
  • If committed while transporting a child under age 16 — In addition to any other criminal or administrative sanctions, mandatory fine of $25,000 and 25 days of community service in a program benefiting children.

Fourth Conviction (Aggravated DUI)

Class 2 felony; revocation of driving privileges for life with no relief available; suspension of vehicle registration.

  • If committed with a BAC of .16 or more — In addition to any other criminal or administrative sanctions, mandatory minimum fine of $5,000.
  • If committed while transporting a child under age 16 — In addition to any other criminal or administrative sanctions, mandatory fine of $25,000 and 25 days of community service in a program benefiting children.

Fifth Conviction (Aggravated DUI)

Class 1 felony; revocation of driving privileges for life with no relief available; suspension of vehicle registration.

  • If committed with a BAC of .16 or more — In addition to any other criminal or administrative sanctions, mandatory minimum fine of $5,000.
  • If committed while transporting a child under age 16 — In addition to any other criminal or administrative sanctions, mandatory fine of $25,000 and 25 days of community service in a program benefiting children.

Sixth or Subsequent Conviction (Aggravated DUI)

Class X felony; revocation of driving privileges for life with no relief available; suspension of vehicle registration.

  • If committed with a BAC of .16 or more — In addition to any other criminal or administrative sanctions, mandatory minimum fine of $5,000.
  • If committed while transporting a child under age 16 — In addition to any other criminal or administrative sanctions, mandatory fine of $25,000 and 25 days of community service in a program benefiting children.

Aggravated DUI

Any DUI offense resulting in felony charges is classified as Aggravated DUI. Any mandatory term of imprisonment or community service is not subject to suspension or reduction. Any person sentenced to probation or conditional discharge also must serve a minimum 480 hours of community service or 10 days imprisonment.

Penalties for Underage Drinking & Related Offenses

Drivers under age 21 face a minimum 2-year driver’s license revocation for a first DUI conviction in addition to the penalties that apply for DUI offenders age 21 and older. The offender is not eligible for an restrictive driving permit (RDP) until the second year of the revocation period. An offender under age 18 on a statutory summary suspension is not eligible for an MDDP and may be subject to remedial education and/or retesting prior to reinstatement of his/her driving privileges.

A person under age 21 convicted of DUI may be ordered by a judge, as a condition of probation or discharge, to participate in the Youthful Intoxicated Driver’s Visitation Program. The offender will undergo a comprehensive counseling session prior to visitation to determine if the program is appropriate. If approved, the offender may be sent on a supervised visit to a location where the results of alcoholism or DUI crashes may be viewed.

From 1986 to 2013, DUI arrests have decreased for drivers under age 21. The decline can be attributed to many factors, including tougher laws for DUI and fraudulent IDs, youth DUI prevention programs, visually distinctive driver’s licenses and state ID cards, and training programs like Operation Straight ID.*

Zero Tolerance

  • First offense — Suspension of driving privileges for 3 months for a BAC of more than .00; suspension of driving privileges for 6 months for refusal to submit to or failure to complete testing.
  • Second offense — Suspension of driving privileges for 1 year for a BAC of more than .00; suspension of driving privileges for 2 years for refusal to submit to or failure to complete testing.
  • During 2013, 931 drivers under age 21 were suspended for driving with a BAC of more than .00 or for refusing to submit to chemical testing.*
  • Additionally, 2,233 underage drivers were arrested for DUI and received suspensions.*
  • Under the Zero Tolerance law, a police officer also may initiate a DUI arrest based on field sobriety tests or additional evidence.

Vehicle Impoundment

The vehicle of any driver may be seized or impounded by local authorities for:

  • Committing a DUI while driving privileges are suspended/revoked for a previous DUI or reckless homicide.
  • Committing a DUI with a previous conviction of reckless homicide, aggravated DUI with death or great bodily harm.
  • Committing a third or subsequent DUI.
  • Committing a DUI without a valid driver’s license or permit.
  • Committing a DUI while uninsured.

Traffic Cases

Traffic violations, such as Driving on a Suspended License, Speeding, Reckless Driving, etc. can include not only fines and “points” on your record, but also may even carry custody time. Even after minimizing the charges on a DUI or other traffic violation, most vehicle code violations carry “points” which are applied against your driving record. The number of points a violation carries depends on the severity of the offense, and you may face suspension of your license if you accumulate too many. The Illinois DMV website  discusses these points at length. The Law Offices of Edward Johnson can help you battle these traffic violations and minimize the charges and points. We utilize a variety of tactics to help your case, such as subpoenaing the facilities that monitor radar for records, finding traffic schools for our clients to expunge their records, court supervision, using lidar (technology that uses a laser to measure distance) to help solidify our evidence, etc.

We can help you with any traffic violation, whether it is a speeding ticket or a DUI. Call now at 708.606.4386 for immediate assistance or your free consultation!

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