dui laws

Illinois DUI Laws & Illinois DUI Attorneys


If a police officer pulls you over for suspicion of driving under the influence of alcohol or another drug in Illinois (DUI), you will be arrested based on your blood alcohol content, or BAC. The legal limit in Illinois is .08%, so any driver with a BAC of .08% or higher will be arrested for DUI. Additionally, you do not have to be actively driving your car to be arrested for an Illinois DUI. If you are sitting in the driver's seat of a vehicle and have too much alcohol in your system, you can be arrested for an Illinois DUI, even if the car is parked.

DUI Arrests in Illinois

Being arrested for a DUI in Illinois sparks two different cases, one on the court system and an administrative driver's license suspension that starts automatically, unless appealed. In order to appeal for a DMV hearing, you need to file a request quickly after your arrest. Having a qualified lawyer help you with this appeal will ensure it is received in time and that all of the necessary paperwork is filled in correctly. If you try to do this yourself, you are risking making a serious mistake and losing your license without the chance for appeal. Also, at some point during or after your arrest, you will be asked to submit to a chemical test. You have the right to refuse, but doing so will bring stricter consequences when you go to trail for your crime.

Basic Consequences for First Time Offenders

The least severe DUI in Illinois is charged as a Class A misdemeanor. If you are arrested for your first Illinois DUI, you can expect to face the following consequences:

If someone is injured as a result of your drunk driving, the charges are immediately increased to a felony, with stricter punishments. Any additional DUI arrests receive stronger punishments as well.

License Suspensions for Illinois DUI

Under the Statutory Summary Suspension Law, drivers who are arrested for DUI in Illinois automatically have their license suspended. The license suspension times are as follows:

At the time of the arrest the officer will give the driver a 45-day temporary license and take the driver's actual license. On the 46th day after a first DUI arrest the three-month suspension time begins. A qualified DUI attorney can help you appeal to the court to receive a Judicial Driving Permit, which would allow you to drive to and from work and any required education courses you must take as a result of your arrest.

Insurance Consequences

In addition to losing your license, an Illinois DUI arrest will also likely cause you to lose your car insurance. If your insurance company does not drop you completely, you can expect to have a huge increase in your rates. Before you will be able to get a driving permit or a reinstated license at the end of your suspension, you will have to have proof of insurance, and you will find it difficult to be approved by an insurance company after a DUI arrest in Illinois.



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