With the holiday season upon us, holiday parties will most certainly be on everyone’s calendar. While you are enjoying a night out with friends and family you must remember the importance of driving responsibly. Arrests for driving under the influence are extremely prevalent around the holidays. Police are on high alert for drivers who may be driving over the legal limit. If you
find yourself arrested for a DUI here are some important factors to consider.
If it is your first offense, you can attempt to have the charges dismissed or reduced. If the State is not willing to dismiss or reduce the charges and you should then request court supervision. First time DUI offenders in Illinois are entitled to court supervision. Court supervision will allow you to avoid having your license revoked and having a conviction placed on your record. Court supervision comes with several conditions such as fines, an alcohol evaluation, Victim Impact Panel, and community service. When you complete the requirements of supervision the case will usually be dismissed after approximately twelve months.
If it is your second or more DUI, the situation is much more complicated. First, you are not eligible for court supervision. Also a revocation of your license is guaranteed upon a conviction. There is also the possibility of jail time although many courts will agree to extensive community service in lieu of jail time. Finally, if this is your third DUI it is considered a felony.
Aside from a conviction for driving under the influence, you also have to worry about a statutory summary suspension of your license. In Illinois, when you are pulled over for suspected DUI the officer will request that you submit to a chemical test, usually a breathalyzer. If you refuse to submit or if you submit and have over .08 BAC, your license will be suspended. If you have not more than one DUI in a five year period and your BAC is over .08 your license is suspended for six months. However, if you refuse to submit to the test your license will be suspended for one year.
It is important to understand that although the consequence of refusing to submit to a breath test is a longer statutory suspension, submitting and testing over the legal limit provides the prosecution with irrefutable evidence of your guilt. It is difficult to argue against test results that demonstrate your level of intoxication. Either suspension period automatically starts 45 days after your arrest.
When your license is suspended under statutory summary suspension you are entitled to hearing, despite the suspension automatically starting 45 days after the arrest. You are permitted to file a Petition for a Hearing within 90 days of your arrest. If you do not file the Petition within 90 days, your right to a hearing is considered waived. Once the Petition is filed the State is required to set the hearing within 30 days or the suspension will be dismissed.
At a statutory summary suspension hearing you can challenge the following:
Illinois Law Blog: Learn About Law
O’Flaherty Law is based in Downers Grove, Elmhurst, and Naperville, Illinois. Our team has expertise in many areas of law including but not limited to bankruptcy law, business & corporate representation, civil litigation, criminal defense, estate planning, divorce & family law, immigration; probate, guardianship & elder law; and real estate law. If you have any questions or would like to schedule a free consultation, please e-mail us at firstname.lastname@example.org or call us at (630)324-6666.
Where You Can Read Us
O'Flaherty Law of Downers Grove
5002 Main Street, Ste. 201
Downers Grove, IL 60515
O'Flaherty Law of Downers Grove is open Monday thru Friday from 9:00 AM to 5:00 PM CST. We are available by appointment before or after our regular hours.
O'Flaherty Law has experience in legal services in the following legal practice areas: estate planning and probate; featuring wills and trusts, powers of attorney, living wills, estate tax avoidance and probate practice; real estate law; featuring commercial and residential sales and leases, foreclosure defense, short sales, REO closings and consent foreclosures, mechanic's liens and landlord and tenant disputes; family law; featuring divorces, child custody, child support, paternity, adoption and orders of protection; criminal law; featuring DUI, traffic and criminal defense; business representation; featuring entity selection, incorporation and s-corp election, bylaws and operating agreements, annual reports, annual meetings of shareholders, employment agreements, handbooks and warning and termination letters, business contracts, independent contractor agreements, trademarks and copyrights, regulation and licensing compliance and dissolution and mergers; business and personal bankruptcy; featuring Chapter 7, Chapter 11 and Chapter 13 cases; litigation; featuring commercial contract and tort law, employment and labor law, personal injury and collections; and immigration law.
Located in Downers Grove, Illinois, O'Flaherty Law serves DuPage County, Dekalb County, Will County, Cook County, Lake County, Kendall County, Kane County, McHenry County Winnebago County in Illinois, as well as the following cities: Wheaton, Naperville, Woodridge, Downers Grove, Darien, Willowbrook, Westmont, Lisle, Oak Brook, Warrenville, Glen Ellyn, Aurora, North Aurora, Batavia, Geneva, St. Charles, Lemont, Joliet, Bolingbrook, Plainfield, Crest Hill, Lake Forest, Lake Bluff, Northbrook, Highland Park and Chicago.
© 2015 by O'Flaherty Law. All rights reserved.