Being charged with a DUI is a serious legal matter that can have life-long consequences. A conviction will result in expensive fines, license suspension, mandatory alcohol education programs, and even jail time. Under 625 ILCS 5/11-501, Illinois law imposes strict penalties based on the severity of the offense, prior DUI history, and whether aggravating factors are present. The impact of a DUI conviction goes beyond legal penalties—it can affect employment, insurance rates, and personal reputation. This is why hiring our Chicago DUI defense law firm is critical to protecting your rights and securing the best possible outcome.
Understanding DUI Charges In Illinois
Illinois has some of the toughest DUI laws in the country. In Illinois, a driver is considered legally intoxicated if they have:
- A blood alcohol concentration (BAC) of 0.08% or higher
- Any trace of a controlled substance in their system
- A BAC of 0.04% or higher if operating a commercial vehicle
- A BAC of 0.00% if under the age of 21
A first-time DUI offense is typically a Class A misdemeanor, carrying penalties of up to one year in jail, fines of up to $2,500, and a minimum one-year license suspension. However, penalties increase significantly for repeat offenses or if aggravating factors—such as causing an injury—are involved.
How A DUI Defense Law Firm Can Help
1. Challenging The Traffic Stop
A DUI case often begins with a traffic stop. Under Fourth Amendment protections, law enforcement must have reasonable suspicion to stop a driver. If the officer lacked legal justification, the case could be dismissed.
2. Reviewing Field Sobriety And Breathalyzer Tests
Field sobriety and breathalyzer tests are not always accurate. Factors such as improper administration, medical conditions, or equipment malfunctions can lead to false positives. We carefully review test procedures and challenge errors when necessary.
3. Protecting Your Driver’s License
Illinois enforces an automatic license suspension through the Statutory Summary Suspension process. You only have 45 days to contest this suspension, making it essential to act quickly.
4. Negotiating Reduced Charges Or Alternative Sentencing
In some cases, we may negotiate for a reduction in charges or alternative sentencing options, such as court supervision, which prevents a conviction from appearing on your record. Certain first-time offenders may also qualify for Illinois’ Monitoring Device Driving Permit (MDDP), allowing them to continue driving with a breath-alcohol ignition interlock device.
5. Defending Against Aggravated DUI Charges
An aggravated DUI, which is a felony offense, carries harsher penalties, including potential prison time. Defenses may include challenging chemical tests, questioning officer conduct, or presenting mitigating evidence to reduce sentencing.
FAQs About DUI Defense In Illinois
What happens if I refuse a breathalyzer test in Illinois?
Refusing a breathalyzer results in an automatic one-year driver’s license suspension for a first offense and three years for a second offense. However, refusal may limit the prosecution’s evidence against you, which can sometimes be beneficial in court.
Can a DUI be dismissed in Illinois?
Yes. A DUI charge may be dismissed if there were errors in the arrest process, lack of probable cause, inaccurate breathalyzer results, or violations of your constitutional rights. A DUI defense lawyer will review all details of the case to determine the best defense strategy.
Will a DUI conviction stay on my record forever?
Yes. Under Illinois law, DUI convictions cannot be expunged or sealed. However, alternative sentencing, such as court supervision, may prevent a conviction from appearing on your permanent record.
What is the difference between a misdemeanor and a felony DUI in Illinois?
A first or second DUI offense is generally classified as a Class A misdemeanor. However, a DUI becomes a felony (aggravated DUI) if:
- It is a third or subsequent offense
- The driver was transporting a minor under 16 years old
- The DUI caused bodily harm or death
- The driver had a revoked or suspended license at the time of arrest
Can I get a DUI for driving under the influence of prescription medication?
Yes. A person can be charged with a DUI if they are impaired by any substance, including legally prescribed medications that affect their ability to drive safely.
Contact Our Chicago Dui Lawyer For A Free Consultation
At Edward Johnson & Associates, we understand how overwhelming a DUI charge can be. Our legal professionals are committed to protecting your future, legal rights, challenging the prosecution’s case, and securing the best outcome possible. Whether you are facing a first-time offense or an aggravated DUI, we will aggressively defend your case.
If arrested for DUI, contact our Chicago DUI lawyer at Edward Johnson & Associates P.C. by calling 708-762-8666 to receive your free consultation. Our office is located in Chicago, Illinois, and we serve clients throughout the entire Chicagoland metro area. Let us help you fight for your future and work toward the best possible resolution in your case.