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Generally, Illinois uses the term DUI, or Driving Under the Influence, rather than OWI. You could be charged with a DUI if you are driving or in actual physical control of a vehicle with a blood alcohol concentration of .08 or higher, or while under the influence of alcohol, drugs, intoxicating compounds or a combination of substances. Importantly, a BAC below .08 does not preclude a DUI charge if there is other evidence of intoxication. A DUI arrest can involve both a criminal court case and a separate driver’s license issue so it is important to understand how each process may impact you.
One of the first questions after a DUI arrest is often, “Can I still drive?” Illinois has a statutory summary suspension process that is separate and apart from the DUI criminal case. If a driver fails or refuses a qualifying chemical test, he or she can be suspended, and the suspension can go into effect before the criminal charge is resolved. In some cases, first time offenders may be eligible for driving relief through a Monitoring Device Driving Permit and a Breath Alcohol Ignition Interlock Device. Acting quickly means your attorney has more time to review the traffic stop, testing procedures, police reports and any challenges to the suspension.
No two DUI cases are exactly the same. The reason for the stop, field sobriety testing, breath or blood testing, body-camera footage, witness statements and whether law enforcement followed proper procedures all factor into the state’s case. At O’Flaherty Law, we take the time to understand what happened and explain the possible paths forward in layman’s terms. Whether you are dealing with a first DUI or a more serious charge, we want to help you make informed decisions and get the best possible outcome for your situation.
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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.
33 N. County St., Ste. 505
Waukegan, IL 60085
I 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 prosecutors may 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 it affects a person's ability to drive safely. Police and prosecutors may rely on observations, driving behavior, field sobriety tests, statements, video, and other evidence when pursuing a DUI charge.
No. A statutory summary suspension is an administrative driver's license consequence that is separate from the criminal DUI charge. This means a person may have to address the suspension even while the criminal case is still pending. There may be ways to challenge the suspension or seek qualifying driving relief, depending on the driver's history and the circumstances of the arrest.
Yes. DUI charges are not limited to alcohol or illegal drugs. A person may potentially be charged if a prescription or other drug impairs their ability to safely operate a vehicle. Having a valid prescription does not necessarily prevent a DUI charge. Cases involving medication can raise important questions about dosage, impairment, testing, medical history, and what evidence police relied on when making the arrest.