DUI Court cases where punishments may include jail, fines, driver’s license suspensions, alcohol education classes, among other etc.

DUI / DWI Penalties for convictions over age 21

  • A first or second DUI is normally charged as a misdemeanor. A third DUI will be treated as a felony.
  • A first time offender can receive Court supervision which will not be viewed as a conviction. The DUI case will be dismissed after completion of the court supervision. This cannot be expunged from public record.
  • DUI convictions carry mandatory driver’s license revocation, up to one year in jail and fines up to $2,500.
  • If convicted of a DUI, your driver’s license is revoked for a minimum of one year for a first DUI conviction, five years for a second DUI conviction committed within a 20 year period and ten years for a third DUI conviction or any subsequent conviction.


DUI / DWI Penalties for convictions under age 21

  • A first DUI conviction under the age of 21 will result in your driver’s license being revoked for a minimum of two years. You are eligible for a restricted driving permit after the first year. There is also the possibility of community service, jail time and a fine.
  • A second DUI conviction under the age of 21 will result in your driver’s license being revoked for a minimum of 5 years. You are eligible for a restricted driving permit after the first year. There is also the possibility of community service, jail time and a fine.
  • A third DUI conviction under the age of 21 will result in your driver’s license being revoked for a minimum of 10 years. You are eligible for a restricted driving permit after the first year.
    There is also the possibility of community service, jail time and a fine.


Administrative Hearing (DUI Driver’s License Case)

Administrative Hearing can only be brought if a timely request is made, to determine the status of the driver’s license.

If arrested for DUI or you refuse to take a test, your license will be suspended starting 46 days after the arrest, an action automatically taken by the Secretary of State. Before the suspension starts, you may be eligible for a judicial driving permit for work or medical reasons while your license is suspended.

If an individual refuses to submit to chemical testing or submits to it and their blood alcohol concentration is .08 or more, his or her license will be suspended on the 46th day from the date of service with a notice.

The length of suspension is as follows:

  • Three months for (those without a prior DUI in the past five years) who have an alcohol concentration of .08 or more.
  • One year suspension for individuals with a BAC of .08 or more who have had more than one DUI.
  • Six months for individuals without a prior DUI who refuse any or all testing; and
  • Two years for individuals who have had a previous DUI and refuse chemical testing.


Only those individuals who are involved in their first DUI are eligible for judicial driving permits. A judicial driving permit is when a judge allows an individual to drive to and from work and for scheduled medical treatments.

Those individuals with more than one DUI that fail chemical testing may apply for a restricted permit from the Secretary of State. Those individuals with more than one DUI that refuse chemical testing are disallowed for any hardship licensing during the entire two-year period.


Expungement of Record

An expungement allows an individual to remove a criminal arrest from his or her record. The rules for expungement vary from state to state. A DUI arrest can be expunged from any individual’s record, if that individual was found not guilty or the case was non-suit. The issue of expungement should be discussed before a plea is entered as it may affect the ability to have the DUI arrest expunged.

 

For a free consultation, call 312-427-7400 today to speak with an experienced Chicago DUI attorney at Leeders & Associates, Ltd. for a free consultation.

Office Locations:
Loop: 20 E. Jackson Blvd., Ste. 850 Chicago, IL 60604
South Side: 10001 S. Western Ave. Chicago, IL 60643
O'Hare: 8770 W. Bryn Mawr, 13th Fl Chicago, IL 60631
SW Suburbs: 3333 Warrenville Road Ste. 200 Lisle, IL 60532
NW Suburbs: 2025 S. Arlington Heights Rd. Ste. 113 Arlington Heights, IL 60005
Northern Suburbs: 228 N. Genesee, Ste. 205 Waukegan IL 60085

Immigration Law
BBB_logo
Copyright © 2005 Leeders & Associates, Ltd. All rights reserved

Website Design Copyright © 2005 Web Design by Cherryoneweb.com Website designed by: Cherryoneweb.com