FREE ILLINOIS DUI CASE EVALUATION

Frequently Asked Questions in Illinois DUI Cases

Will I be able to get my case dismissed because I was not read my rights?

Probably not. But if you were interrogated after being placed in
custody, your statements can not be used against you.


Will I go to jail?

An experienced attorney may be able to keep you out.


What are the penalties for DUI?

If you have never had a DUI before, you may be eligible for Court Supervision. Court Supervision will not appear on your public driving record, nor will it affect your driving privileges.

If you have been previously arrested for DUI and received Court Supervision, or a conviction, or plead guilty to a reduced charge of reckless driving, you are not eligible for supervision.

Depending on your driving history and facts of the case, you may be facing revocation of your license, fines, jail time, community service, alcohol classes, and vehicle impoundment/seizure.

Your case may also be upgraded to a felony depending on your driving history and facts of the case. This may happen if you committed a DUI while your license was suspended or revoked for a previous DUI, you have committed at least two previous DUI's, or there were serious or fatal injuries.


What is a Statutory Summary Suspension?

It's a suspension of your driving privileges by the Secretary of State if you were arrested for DUI and submitted to a chemical test which revealed your Blood Alcohol Concentration (BAC) to be .08 or above or you refused to submit to a chemical test. It typically goes into effect 46 days following your arrest. The length of your suspension may vary from three months to three years, depending on whether you are a "first offender" for implied consent purposes and whether or not you refused chemical testing. "First offender" for implied consent purposes is not necessarily the same as that for DUI sentencing purposes.


What is implied consent and how do I know if I'm a "first offender"?

You are deemed to have given your consent to submit to chemical testing following your arrest for DUI simply by driving on an Illinois roadway. A "first offender" for implied consent purposes is one who has not had a previous conviction, court supervision, or DUI suspension within the last five years.


What is BAC?

BAC stands for Blood Alcohol Concentration and measures the amount of alcohol in your system. It is illegal to drive with a BAC of .08 or greater in Illinois.


What if drugs were found in my system?

It is illegal to drive in Illinois with ANY amount of drugs in your system that impairs your ability to safely operate a motor vehicle. You will also face a Statutory Summary Suspension if any drugs are found in your system. This may apply even for prescription drugs.


What's the difference between a suspension and revocation?

A suspension means you lose driving privileges for a set period of time and/or until you meet certain reinstatement requirements (usually payment of a reinstatement fee). A revocation means you lose your driving privileges indefinitely. You must petition the Secretary of State for a hearing and prevail before your driving privileges will be reinstated. The hearing process can be long and costly.

How many hours of alcohol classes will I have to take?

Anywhere between 10 to 75 hours, depending on your BAC, driving history, and certain other factors.

I submitted to a preliminary breath test (PBT) on the scene and the officer told me it can not be used in court. Is this true?

It’s partially true. The results of a PBT can not be used against you at trial. However, those results CAN be used against you at a motion hearing (e.g. contesting probable cause to arrest you) and/or the Statutory Summary Suspension hearing.

Unfortunately for you, the results of the PBT can be used to bolster the officer’s assertion that you were under the influence of alcohol and that his decision to arrest you was correct. It makes your case weaker at a probable cause motion hearing when you are trying to suppress the results of the breath test done at the station, or at a Summary Suspension hearing when you are again claiming the officer had no probable cause to arrest you. It is a common tactic for officer’s to tell you the results can’t be used in court in order to persuade you to take the PBT.

Why was I given two DUI citations?

Because one citation is based solely on your BAC, 625 ILCS 5/11-501(a)(1), and the other citation is primarily based on the officer’s opinion that you were under the influence of alcohol, 625 ILCS 5/11-501(a)(2). (There are also different citations that may be written if the officer believes you were under the influence of drugs and/or drugs and alcohol).

Unfortunately, the State does not even need to prove you were under the influence for the 625 ILCS 5/11-501(a)(1) citation. Rather, all they have to prove is that you were driving with a BAC of .08 or above.

Fortunately, you can only be sentenced for ONE DUI charge.

My BAC result was below .08. Will my case get dismissed?

Not necessarily. Remember, the officer can cite you for DUI based solely on his opinion, irrespective of your BAC result.

However, the State’s case is weakened with a BAC result below the legal limit. Many prosecutors are willing to dismiss such cases or offer favorable pleas.

My car was parked and I wasn’t driving. Can I still be charged with DUI?

Unfortunately yes, depending on the facts. In Illinois, all the prosecutor has to show is that you were in “actual physical control” of a vehicle while under the influence. You do not necessarily have to be physically driving the vehicle in order to have “actual physical control”. This is a question of fact to be determined at trial.

Factors that the court considers include: whether the keys were in the ignition, the exact location of the keys, if the vehicle was operable and/or running, & where you were seated in the vehicle.

In one case, an Illinois court found a motorist in actual physical control even though he was in the back seat sleeping in a zipped sleeping bag!

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