The penalties resulting from a DUI charge are severe in the state of Illinois. Depending on the circumstances of your case, a DUI can result in a misdemeanor or a felony charge, each with varying consequences. A misdemeanor DUI can result in incarceration of up to one year in county jail and up to $2500 in fines plus additional court costs, a suspended driver’s license, alcohol/drug evaluation and classes, community service, etc. If you are arrested for driving under the influence of alcohol or drugs, you will need the assistance of an experienced DUI attorney. The attorneys at LaScola Law Offices, Ltd. have successfully represented DUI clients in Illinois for nearly 20 years.
Statutory Summary Suspension
In most cases, but not always, an individual’s first DUI offense will be charged as a Class A Misdemeanor. However, other circumstances such as causing serious bodily injury or death to another person, or committing a DUI while unlicensed or uninsured can result in felony charges. For a first time offender, a DUI charge may, depending on the individual’s consent or refusal of breath/blood/urine testing, result in the suspension of driving privileges – ranging from six months to one year. For second or subsequent DUI offenders, a license suspension may be imposed for a period of time up to three years. This is known as the Statutory Summary Suspension, and is an administrative sanction imposed on your driving privileges by the Illinois Secretary of State. The license suspension goes into effect 46 days after the Notice of Summary Suspension is provided to the driver (this may or may not happen at the time of the arrest – such as instances where the police are awaiting blood/urine test results, in which case notice may be given to the individual at a later date after the blood or urine results are obtained by law enforcement).
For most first time DUI offenders who consent to the breath, blood or urine test, and that test results in a Blood Alcohol Content Level (BAC) of .08 or higher, the driver faces a suspension of driving privileges for a period of 6 months. Alternatively, those who refuse to submit to the breath, blood, or urine test face suspension of their driving privileges for a period of 12 months. For Second and subsequent DUI offenders, depending on each driver’s circumstances, the suspension of their driving privileges may last up to three years.
Although a license suspension is a civil, administrative sanction imposed by the Illinois Secretary of State, a Petition to Rescind the Statutory Summary Suspension should be filed expeditiously in the Circuit Court of venue, to preserve a defendant’s right to challenge the pending suspension. If successful, the challenge to the suspension will result in the removal the suspension, and restoration of driving privileges. This removal of the suspension is known as a Rescission and our team has secured numerous Rescission Orders for our clients over the years. These Rescission Orders can ONLY be processed at the DUI Processing Section of the Illinois Secretary of State Headquarters in Springfield. We have a personal courier on call in Springfield and we always overnight mail the Certified Rescission Order to them. In most instances, we can have driving privileges restored by the next business day.
Monitored Device Driving Permit
For many drivers facing a DUI charge, their driver’s license will remain suspended. This can result in a commuting hardship for work or school for most individuals. However, depending on the circumstances and if certain requirements are met, a driver may be eligible for a Monitored Device Driving Permit, or MDDP. However, if the accused has a prior Statutory Summary Suspension or DUI disposition within five (5) years of the most recent DUI arrest, the motorist is ineligible for the MDDP. However, if you are eligible, the MDDP allows for a Breath Alcohol Ignition Interlock Device (BAIID) to be installed in the driver’s vehicle, and allows him/her to drive during the period of the license suspension. This Permit allows monitored driving immediately with no wait period. This is a desirable result for many drivers who would otherwise lose their driving privileges for a six (6) or twelve (12) month period. The attorneys at LaScola Law Offices, Ltd. can discuss if this option is available to you, and whether this option suits your individual circumstances.
LaScola Law Offices, Ltd.
It is important to hire a knowledgeable and effective DUI attorney, with the skill and experience to effectively represent you. The attorneys at LaScola Law Offices, Ltd. have nearly 2 decades of experience both as former prosecutors and criminal defense attorneys representing clients in DUI and traffic cases. To ensure that your rights are protected and you receive the best outcome possible in your case, contact our attorneys at (847)850-0100.