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Under Illinois law, a person may be charged with a DUI if they drive or are in actual physical control of a vehicle with a blood alcohol concentration of.08 or higher. You may also be charged with DUI if you are impaired from alcohol, cannabis, prescription medication, illegal drugs, intoxicating compounds or a combination of substances. Usually a first DUI is a Class A misdemeanor, but you could be charged with aggravated DUI if you have prior DUIs, if someone was injured, if you had a child passenger or for other reasons.
Many people are surprised to learn that you can be charged with a criminal court case for a DUI arrest and also have a separate driver’s license case. A chemical test result of .08 or greater or refusal to complete testing may lead to a statutory summary suspension. This administrative suspension is separate from the criminal charge and can begin before the court has decided whether the individual is guilty of DUI. A driver can request a judicial hearing to contest the suspension, but asking for a hearing does not automatically prevent it from going into effect.
Every DUI case is fact specific. The O’Flaherty Law attorneys can analyze the basis for the traffic stop, the officer’s observations, the manner in which the field sobriety tests were administered, whether proper testing procedures were adhered to, and what the police reports or video contain. We give you clear explanations and useful advice so you know what the charges are, what could happen and what decisions you need to make. Whether your case involves alcohol, cannabis, medication or an alleged test refusal, we will try to identify the issues that could affect the prosecution case and protect your rights throughout the process.
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The purpose of a consultation is to determine whether our firm is a good fit for your legal needs. Although we often discuss expected results and costs, our attorneys do not give legal advice unless and until you choose to retain us.
Schedule a ConsultationLearn More About The FirmI am personally committed to ensuring that each one of our clients receives the highest level of client service from our team. Our mission is to provide excellent legal work in a cost-effective manner while maintaining open lines of communication between our clients and their attorneys. Many of our clients are going through difficult times in their lives when they reach out to us. They should feel comfortable leaning on the experience and knowledge of our attorneys as their counselors and advocates. We are here to help!

Yes. A BAC of .08 or higher is one way the prosecution can establish a DUI, but it is not the only way. Illinois law also prohibits driving while under the influence of alcohol or another substance to the point that a person cannot drive safely. This means an officer may make a DUI arrest based on driving behavior, physical observations, field sobriety exercises, statements, or other evidence even when a breath or blood result is below .08.
Yes. The statutory summary suspension is an administrative action involving your driving privileges, while the DUI charge is handled as a criminal case. The suspension may begin even if the criminal charge is later reduced or dismissed. Because the two matters follow different procedures and timelines, addressing only the criminal case may not protect your ability to drive. An attorney can review the suspension notice and determine whether there may be grounds to request a judicial hearing.
Some first-time offenders who are at least 18 years old may qualify for a Monitoring Device Driving Permit. An MDDP generally allows an eligible driver to operate a vehicle equipped with a Breath Alcohol Ignition Interlock Device during the statutory summary suspension. Eligibility depends on the driver’s record and the circumstances of the arrest, and the permit does not authorize a commercial driver to operate a commercial vehicle.