Chicago DUI Defense Lawyer
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Driving under the influence (DUI) charges are extremely common in Illinois.
People along the entire socio-economic spectrum enjoy drinking alcohol.
Whether savoring wine at dinner or shooting hard liquor solely to get
drunk, those charged with DUI face significant punishment. If your blood
alcohol concentration (BAC) is at least 0.08, you are presumed intoxicated
under 625 ILCS 5/11-501(a)(1).
However, you can be charged with a DUI even if your BAC is below 0.08 under
625 ILCS 5/11-501(a)(2). Therefore, regardless of your BAC or the circumstances
of your arrest, you need to enlist the representation of an aggressive
Chicago criminal defense attorney as soon as possible.
DUI Even Without Drinking Alcohol
Alcohol is the most common reason for DUI arrests – no surprise there.
However, many people are surprised to learn that they can be charged with DUI
even if they did not drink any alcohol. For example, under 625 ILCS 5/11-501(a)(3) through (a)(5), you can be
charged with DUI based on nothing other than the use of over-the-counter
or prescription medicine.
Most shocking is that, under 625 ILCS 5/11-501(a)(6), you can be charged
with DUI if any degree of illegal drug metabolites are in your body, and
you are in an accident that involves serious injury to another –
even if the other driver caused the accident. This means that if you last consumed cannabis weeks ago, you can be charged
with DUI if another driver crashes into you, and that driver is seriously
injured in the crash that he or she caused. The only partial exception
to this bizarre law is for those who have a
medical marijuana card issued in Illinois.
Accordingly, if you are charged with DUI, speak with a defense attorney
that will aggressively challenge the charges against you.
Illinois DUI Penalties
A first-time DUI charge in Illinois is a Class A
misdemeanor and can include the following penalties:
1 year in jail
$1,250 mandatory court costs
Suspended or revoked license
1 year of BAIID: Breath Alcohol Ignition Interlock Device (that you pay for)
Alcohol-abuse treatment programs (that you pay for)
Auto-insurance rate increases
Restrictions on international travel
A DUI becomes a
felony under 625 ILCS 5/11-501(d) in a handful of circumstances. Felony DUI charges
in Illinois occur when:
- You have two previous DUI cases; or
- You caused an accident that resulted in great bodily harm; or
- Your license was suspended or revoked from a previous DUI; or
- You did not have a valid license; or
- You did not have liability insurance
Illinois Statutory Summary Suspension
Driving is a privilege, not a right. Accordingly, a person charged with
DUI in Illinois faces automatic suspension of his or her driving privileges
by the Illinois Secretary of State. This automatic suspension is called
a Statutory Summary Suspension (SSS). The good news is that your attorney
will challenge this automatic suspension, where appropriate, by filing
a petition to rescind the SSS. If the petition is granted, you can continue
to drive while your attorney continues to fight your DUI case.
Contact Hallock Law if you need a skilled and committed DUI defense attorney in Chicago!