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Driving Under The Influence DUI Illinois

DUI in Ilinois

In Illinois, a DUI (driving under the influence) offense covers all types of impaired driving, from driving drunk to driving while under the influence of drugs (whether prescribed, abused, or illegal). Illinois has an aggressive anti-DUI program.

If you haven’t already familiarized yourself with Illinois’ DUI laws, consider reading the Secretary of State’s very informative fact sheet.

DUI-Illinois

Definition of DUI

If your blood-alcohol concentration (BAC) is 0.08% or higher, you are legally drunk and it is illegal for you to drive. However, if you are driving with a BAC between 0.05% and 0.08%, you may still be cited for a DUI if your behavior suggests you are impaired. This is at the discretion of the officer citing you. Even with a BAC below the legal limit, you are still far more likely to be involved in a fatal accident than if you didn’t consume any alcohol.

Unlike being cited for driving with a BAC of 0.08% or above, BACs between 0.05% and 0.08% do not trigger the statutory summary suspension detailed below; the penalties are instead entirely based on the outcome of the court case.

Statutory Summary Suspension

If an officer pulls you over for a moving violation and then determines that your BAC is 0.08% or more, or if you refuse testing, the officer will immediately suspend your license. You will be given a receipt that will allow you to continue driving (after your arrest, time to dry out in jail, bail, and arraignment) for 45 days and allow you time to fight the arrest and suspension. After that, your suspension goes into effect. License Statutory Summary Suspensions for a 1st offense are as follows:

  • Fail chemical testing: 6 months
  • Refusal to submit to chemical testing: 12 months.

Administrative Driver’s License Revocation

The Illinois Secretary of State will take action against your license if you are charged with a DUI or other serious offense. Based on information the SOS receives from the state’s attorney, your license can be revoked and remain revoked until the outcome of your charge is decided. Once your license is revoked you are responsible to fulfill all the criteria of the court and the Secretary of State before your license can be restored. This can include:

Secretary of State Penalties

  • Driver’s license reinstatement fee after revocation: $500.
    • 2nd and subsequent offenses require a formal hearing. Fee: $50.
  • New driver’s license fee: $30.
  • Proof of financial responsibility.
  • Drug/alcohol evaluation.
  • Drug/alcohol program (if ordered).
  • Ignition Interlock Device (IID).
    • IID installation fee: $85
    • IID per month rental fee: $80
    • IID per month monitoring fee: $30

Administrative Hearing

The only way to contest an Administrative driver’s license suspension is to request a hearing. You must request the hearing with in 90 days of the violation. In order to be prepared for your hearing, it is wise to review the Alcohol/Drug-Related Hearings page on the state website. If you need more information please contact your local hearing officer.

Criminal Penalties

In addition to Administrative penalties you will also face stiff criminal penalties. Listed below are the basic 1st offense penalties. 2nd and subsequent charges of DUI only increase the punishment in both fees, fines and jail time.

  • Driver’s license revocation:
    • 21 years old and over: 1 year.
    • Under 21 years old: 2 years.
  • Maximum imprisonment: 6 months
  • Minimum fine: $1,000
  • Community service.
  • Drug and alcohol program.
  • Motor vehicle registration revocation.

Breath Alcohol Ignition Interlock Devices

The first time you’re convicted of a DUI offense, you’ll have a Breath Alcohol Ignition Interlock Device (BAIID) installed on your vehicle if you wish to have a Monitoring Device Driving Permit (MDDP). You will have to apply for the MDDP and, if approved, you’ll have to pay the all applicable fees for a BAIID in order to be able to keep driving.

Once you have been convicted of 2 DUIs, you will be required to obtain a Restricted Driving Permit (see below) and you’ll have a BAIID installed in your car for a period of 5 years. Only after this period is over can you apply for reinstatement.

Restricted Driving Permit

Certain drivers may be required to forfeit their driver’s license in favor of a Restricted Driving Permit. This permit puts limits on your driving privileges. If, for instance, you have been convicted of 2 DUIs or more, you’ll be issued a restricted driving permit as well as a requirement for a BAIID for 5 years.

If you have been convicted of at least 4 DUIs, you still have an option of applying for a restricted driving permit. You must FIRST serve a license revocation of 5 years. After 5 years, you can apply through the Secretary of State. If you are approved, your vehicle will be outfitted with a Breath Alcohol Ignition Interlock Device for the rest of your driving lifetime.

DUIs in Illinois Are Expensive

The State of Illinois imposes substantial financial and other penalties on drivers who are convicted of driving drunk. Because the outcomes are so severe, many people accused of drunk driving engage DUI attorneys.

Illinois estimates that the minimum cost of a first DUI conviction is about $16,580. Where does this money go? To bail, bond, attorney fees, fines, court-ordered assessments, remedial education or treatment programs, and insurance premiums up to triple what they were before.

This total ratchets up for subsequent convictions.

Reinstating Your Driver’s License

In order to reinstate your license you will need to:

  • Attend an informal hearing*
    • For a 1st offense this hearing can be conducted by visiting a hearing officer.
    • Multiple offenders** must request a hearing in writing and pay the $50 non-refundable filling fee.
  • Make sure your driving record has been cleared
  • Completed your alcohol/drug evaluation AND proof of treatment if it was required.
  • Completed the alcohol/drug remedial education program.
  • Have and file proof of financial responsibility.
  • Pay $500 reinstatement fee.
  • Retake and pass the driver’s license exam (written, vision and driving).
  • Pay the application fee of $30.

You can either mail your reinstatement fee or pay by credit card by calling (217) 782-3619 (debit cards are not accepted). The reinstatement becomes valid when the Secretary of State enters it on your driver’s record.

*During the hearing you will need to show that public safety will not be endangered if you are allowed to have your driving privileges restored. Your remedial efforts, your driving record and the offense will all be taken into consideration by the hearing officer.

**Multiple offenders must attend a formal hearing in Chicago, Springfield, Mt. Vernon or Joliet.

Resources

It’s best to learn about the Illinois DUI laws before you ever get into trouble. If it’s too late, it’s still important to educate yourself about what’s in store as you enter the court system. The following publications can help as a first step, but if you’re in over your head, you should consult a DUI attorney.

  • DUI Fact Book: Probably your most informative resource, this 44-page booklet explains everything from the chronology of a DUI arrest to the penalties for every type of DUI crime.
  • Use It & Lose It: The War on Drunk Driving: Penalties for DUI are even more severe for drivers under 21 years old. This pamphlet for underage drivers explains the consequences of irresponsible actions.

How a Negligence Lawyer Can Help

All throughout the year, there are numerous negligence cases reported. These can be the injuries sustained by the victims as an end-result of another person’s fault. Any person is allowed to file a claim to fight for their rights and possible compensation in the event of personal injury.

 

However, the process can be rigorous and can be extremely difficult. It involves a lot of processes and legal forms that must be arranged in a proper order to start a claim. Hence, it is crucial to seek legal assistance from a negligence and personal injury lawyer.

 

Our attorneys are professionals who are well-trained in negligence law and help clients receive rightful compensation. Our lawyers will stand by you through the whole process to make sure you receive the quality treatment and fair compensation that you truly deserve.

 

A negligence victim can suffer through different factors such as psychologically, physically, and emotionally. The victim’s life may not be the same again even after getting treatment. With this, a negligence lawyer must obtain crucial details that enable us to show a solid case before the court of law. The collection of vital details and elements ensures that clients will receive the rightful and fair compensation to live a good, comfortable life after any tragic incident.

 

In addition, disability lawyers will make sure that the victim will focus more on quick and full recovery after sustaining injuries, and will provide additional personal support during the battle from the beginning to the end of a court process.

 

medical malpractice

Negligence and injury lawyers are of great significance in the event of personal injury. Sometimes, people may try to give settlement out of the court. In cases like this, the injured victim can be offered an amount that is unjustly low, and sometimes unfair, especially if you will consider the cost of the treatments or surgeries. Many times it may be impossible for a victim to pay for all those procedures with an amount settled outside the court. With the help of a seasoned negligence attorney, everything can be settled in a much more professional and fairer decision. A well-experienced lawyer understands how to make use of the right negotiation and litigation skills to make sure the entire process is just, and as a result, the injured victim gets to receive the rightful compensation from the involved party.

 

Apart from this, our lawyers will also inform the victim of their rights. Legal advice which you get from our law firm is essential when an incident happens, in order for the victim to be fairly compensated. Our office will obtain evidence from possible witnesses, gather medical reports and weigh things out for potential legal options to expedite or speed up the process of securing fair justice.

 

With concrete evidence, our lawyers can file a claim’s case before the court and deal with everything on the victim’s behalf. Thus, if you have sustained injuries as a result of another individual’s negligence, do not hesitate to consult us, today.

 

In order to receive the best outcome of compensation, it is crucial to select a lawyer wisely. You must look into the assets of a law firm, and the lawyers who work for the firm. Below is a list of the valuable and viable assets of our law firm:

 

  • Area of Specialty – Each of our lawyers has a field of expertise. In negligence cases, you must look for a lawyer who is well-adept to the intricacies of negligence and personal injury law.

 

  • Communication Skills – A lawyer needs to defend you eloquently, and only an articulate lawyer can be able to do that. It is not just about how nice the lawyer sounds when they speak, but a lawyer who is eloquent can impeccably deliver and explain the case effectively. Communication skills can make or break a case.

 

  • Length and Substantial Experience – You should determine the length and substantial experience of a lawyer because it can help you decide on the right lawyer. When the latter has a comprehensive and essential experience in the case, you will have more probability of winning the case.

 

  • Qualifications – It is immensely important that a lawyer has the right qualifications to handle the job. The qualifications refer to the level of knowledge or proficiency that a lawyer should have. A good example to this proficiency is the full understanding of the laws that govern the land of the particular case.

 

  • Reputation – You should also evaluate the integrity of the lawyer that you are going to hire. You should make sure that the lawyer is a trusted attorney in his field of expertise. You can verify the cases a lawyer handled and determine if the latter did well in all those cases.

 

 

Aside from the factors mentioned above, it is also extremely important that you feel comfortable working with the lawyer. In this way, you will have an easier time sharing all the information that your lawyer needs to get rightful compensation. Overall, the lawyer should be dedicated, dependable, and credible to get you the best outcome.

Contact Costa Ivone, LLC Today

Costa Ivone, LLC Law Firm

 

Negligence laws are different from state to state. Personal injury law is greatly dependent on individual situations, as well. An average person or a common professional will usually be unfamiliar with the law governing the land, and most often, a individual will not even be certain of what he or she is entitled. Other individuals may research the laws and learn a bit about it, but not the entire knowledge that is required fully comprehend the scope of the law.

 

Our lawyers will be able to handle your case and apply the information gathered throughout the many successful outcomes of our experience in the courtroom. Our negligence attorneys have the right and substantial knowledge as far as personal injury and negligence law goes, and can negotiate the right compensation for you.

 

Our attorneys will help you get the right compensation that you truly deserve. Most of the time, due to the tendencies of an insurance firm to lower the claim, we can help you further with the claim’s disputes. The negligence lawyers of Costa Ivone, LLC will make sure that you will get what you deserve.