Category: DUI Attorney

You are heading home after a night spent partying with friends and are reasonably drunk and are found behind the wheel by law enforcement, you can expect a hefty fine and even jail time for driving while intoxicated (DUI) However, very few people actually know the repercussions of driving under the influence in Illinois.

DUI in Illinois

According to Illinois law, the following are ways a person can be considered driving under the influence:

• Driving with a blood alcohol content (BAC) of 0.8 or higher
• Driving while you are under the influence of drugs, which prevent you from driving safely.
• Driving while under the influence of several intoxicating substances making you a hazard on the road.
• If there are indications in your blood, urine and breathe that you have consumed an intoxicating substance illegally.
• That there are traces of cannabis or THC in your blood.

Criminal Penalties for a DUI

Penalties for DUI in Illinois vary, depending on the circumstances of the arrest and conviction. These circumstances may include the driver’s age, the driver’s BAC level, whether the driver was transporting a child under age 16, whether the driver was driving the wrong way on a one-way road and whether the driver has previous DUI convictions. Any DUI offense resulting in felony charges is classified as Aggravated DUI.

First Conviction

The first DUI conviction is a class A misdemeanor in Illinois. If convicted, you will receive a minimum revocation of driving privileges for one year (two years if driver is under age 21) and suspension of vehicle registration.

A fine will set you back $2,500, which is the maximum amount. However, most first-time offenders must pay $500 if their BAC is 0.16 percent or higher and $1,000 if you have a passenger who is younger than 16 traveling with you in your vehicle.

If you also receive community service as part of your DUI sentence, you need to complete 100 hours as a first time offender. If you have a passenger younger than 16-year-old passenger traveling in your vehicle, you need to complete 25 days of community service in a program benefiting children.

Unlike some states, Illinois does not have a ‘look back’ period. In other words, if you are convicted of a DUI and repeat the offense, it will be considered as a second DUI – one no matter how many years pass between it and the first conviction.

If you are looking for an attorney in Warrenville, Schaumburg or Naperville, Illinois who can defend you in your DUI case, get in touch with us at Covert Marrero Covert LLP today. Besides defending you in court, our attorneys can also help you secure a driving permit to replace the one that was confiscated. It will allow you to drive under special circumstance. Get in touch with us for a consultation today.

You don’t want to be caught driving under the influence (DUI) of alcohol in Illinois. State laws are quite strict and are enforced to ensure public safety. Penalties range from hefty fines to jail time, which can increase if the offense is repeated.

How You Can Be Convicted of A DUI

In Illinois, you can be charged with a DUI for:

• Driving under the influence of alcohol
• Refusing to submit to a BAC or breath alcohol concentration test
• Having a BAC of 0.08% or higher
• Being under the influence of drugs or a combination of alcoholic beverages to the point you cannot drive without causing an accident
• Having THC concentration of five (5) nanograms or more in your bloodstream for two hours while you are in control of a vehicle. In other words, if you are too high to drive and are found behind the wheel of a car, you will be charged with DUI.

Even if you are not charged, you may still lose your driver’s license for a year. This can happen if you refuse to take a BAC. Refuse a second time, and you will have to carpool or use a ride sharing service for three (3) years because your driver’s license will be suspended.

Aggravated DUI

If you are charged with a felony in addition to a DUI conviction, this is considered an Aggravated DUI and results in a prison sentence. If you are on probation and are also convicted, you have to serve a certain amount of hours of community service. Fines can go as high as $25,000. Other penalties can differ – according to the circumstances of your case.

Besides a prison sentence, community service and penalties, you also can have a permanent mark on your driving record, lose your vehicle, lose vehicle insurance for three (3) years, must undergo regular alcohol/drug evaluations and attend mandatory administrative hearings.

At Covert Marrero Covert, our aim is to ensure our clients can get a lenient DUI case and this includes procuring a driving permit, which allows them to drive post-conviction, under special circumstances. We have helped several people in Warrenville, Naperville and Schaumburg with aggressive representation, and we can help you as well. Get in touch with us for a FREE consultation for your DUI case today.

Like all states in the U.S., Illinois has strict Driving under the Influence or DUI laws. Illinois has an Implied Consent Law, where drivers agree to abide by the rules and regulations under the law as a condition to be allowed and licensed to drive.

In Illinois, any individual who has physical control of any vehicle has implicitly given consent to provide a blood, urine and breath sample to a police officer to test for DUI. Furthermore, the state of Illinois has a Zero Tolerance Policy for underage minors suspected of DUI.

How to Deal with Your DUI Charge?

When you find yourself in hot waters with a DUI charge against you, your strategy must begin with finding a well-recommended DUI attorney with years of experience in the field. Discuss the details of your arrest with the attorney and walk the lawyer through all the events that led to your DUI charge. Do not leave out any details, even if they seem trivial or irrelevant, let your attorney know everything.

Sharing details about your case will help the attorney find discover evidence the police has against you. There are a number of different approaches to handling a DUI case. Here are some of the loopholes and strategies that could be helpful in getting you out of a DUI charge:

– A non-standard field sobriety test, such as the officer asking you to touch your nose with your finger or saying the alphabets backwards, will be deemed invalid in court.

– The lack of evidence and probable cause which led to the arrest.

– The police officer is unable to provide dispatch recordings.

– No dash cam evidence.

– It’s highly unlikely that driving under the influence on private roads, which are private property, will get you penalized because most drunk driving penalties are not applicable to private properties. If your lawyer is able to prove you were on a private road at the time of the penalty, then your DUI penalty can be revoked.

The repercussions of driving under the influence are many: Your license may be suspended for a limited time, and in some cases, it can be more than a year, or your vehicle may be confiscated by the police.

If you wish to know more about DUI charges in Illinois or speak with an experienced DUI and real estate attorney, contact the offices of  Covert Marrero Covert LLP at (630) 717-2783 and schedule a free consultation session.