The penalties resulting from a DUI charge are severe in the state of Illinois. Depending on the circumstances of a 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 jail and $2500 in fines and additional court costs, a suspended driver’s license, alcohol/drug evaluation and classes. If you are arrested for driving under the influence of alcohol or drugs, you will need the assistance of an experienced DUI attorney. Attorney Ana Guzman LaScola represents DUI clients in Cook & Lake Counties.
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 a felony charge. 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 up to three years. This is known as the Statutory Summary Suspension, and is an administrative sanction imposed by the Illinois Secretary of State. It goes into effect 46 days after the Notice of Summary Suspension is provided to the motorist (this may or may not happen at the time of the arrest – in instances where the police are awaiting blood/urine test results, where notice may be given to the individual at a later date, following the actual date of arrest).
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 six months. Alternatively, those who refuse to submit to the breath, blood, or urine test face suspension of their driver’s license 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.
Monitored Device Driving Permit
For some drivers facing a DUI charge, their driver’s license will be suspended. This can result in a hardship for work or school for some 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. This Permit allows for a Breath Alcohol Ignition Interlock Device to be installed in the driver’s vehicle, and allows him/her to drive during the period of the license suspension. This Permit allows driving 30 days after the start of the driver’s license suspension period. This is a desirable result for many drivers who would otherwise lose their driving privileges. Attorney Ana Guzman LaScola can discuss with each individual if this option that is available, or applies based on their own case.
LaScola Law Offices, Ltd.
It is important to hire a knowledgeable and effective DUI attorney, with the knowledge and experience to represent you. LaScola Law Offices, Ltd. has experience 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 attorney Ana Guzman LaScola at (847)850-0100.