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DUI Penalties

Under Illinois law, driving under the influence (DUI) begins with a suspicion of impaired driving by an officer. This often occurs through observation of a traffic violation or when responding to an automobile accident. A suspicion of intoxication may occur when an officer observes a driver’s behavior, physical appearance and demeanor. Generally, if an officer suspects a DUI has occurred the suspect will be asked to submit to a series of sobriety tests. Many individuals do not know that these can be refused.

If and when a driver is detained and charged with DUI, the accused is asked to take a breathalyzer test. This exam measures the blood alcohol content (BAC) and its results are admissible in a court of law. A person also has the right to refuse to take this examine. Should the BAC results be .08 or greater a DUI charge may proceed.

In general, a person detained for a DUI is released on bond and is given a court date. Additionally, notice is given that the accused’s driver’s license will be suspended within 46 days. If this is a first time DUI charge, the suspension will be for 6 months (if the BAC results were higher than the legal limit) or one year if the breathalyzer test was refused. If this is not a first time offense, the license suspension will be for one year (if the BAC results were above the legal limit) or three years if the breathalyzer test was refused. For these reasons, it is important to retain an aggressive Chicago DUI defense attorney if you or someone you know is facing these charges.

License Suspension Petition

Within 90 days of arrest a driver charged with DUI can petition the court to retract the license suspension. This hearing must occur within 30 days of the filing. Unlike the DUI charges, the suspension of a driver’s license is a civil matter and, as such, it is the driver’s burden to prove improper police procedure.

First time offenders may apply for a Monitoring Device Driving Permit (MDDP) in order to begin driving again. If the court grants the MDDP, a device is installed in the driver’s vehicle that measures the driver’s BAC. All costs for this are incurred by the driver.

Contact a Chicago DUI Attorney

If you or someone you know has been charged with driving under the influence or any other traffic offense, contact a knowledgeable Chicago DUI defense attorney today. You should hire a criminal defense attorney in Chicago that has knowledge of the most current DUI laws. With vast experience in defending individuals charged with DUI, attorney Steven Goldman has used innovative methods in the courtroom. Call (773) 484-3131 today to schedule your initial consultation.

Client Reviews
Mr. Goldman got my friend’s gun charges dismissed last week when it was found in his own damn car! I don’t know how he did it, nor do I care! He is the greatest! Drew C., Google Review
If anyone needs the best Chicago Criminal Lawyer, Steven is the guy! I have gone to him for help on so many occasions when friends or family were in trouble. He has never let us down. Tommy B., Google Review
Wanted to reach out and say thank you for a job well done. You were even better than the glowing reviews I heard about you. Stay safe my friend! Jaylin B., Google Review
Steven is best DUI attorney in Chicago, period! He not only beat my license suspension, but got my DUI charge reduced to a reckless driving. He told me he could have beat that too, however, I didn’t want to risk it! He is great and highly recommended!! Lewis H., Google Review