DUI Lawyer | Motta & Motta LLC | Chicago & Aurora, IL

Chicago, IL DUI Attorneys

DUI has many different names and is referred to by multiple abbreviations since it is governed by State law. Some of the most common abbreviations are:

DUI – driving under the influence
DWI – Driving while intoxicated
OUI – Operating under the influence

Pursuant to Illinois DUI laws, drunk driving or driving under the influence (DUI) is a serious criminal offense and carries significant penalties including jail time, restrictions upon and/or loss of your driving privileges, and heavy fines. Once convicted, or even if granted supervision, the DUI offense will permanently remain on your driving record. Multiple arrests or convictions will most assuredly result in greater penalties and mandatory terms of imprisonment which can be substantial.

DUI laws also subject you to high-risk auto insurance rates for three years. In 2014, high risk insurance cost about an additional $1,500 per year. Before your driving privileges are restored, you must undergo an alcohol and drug evaluation, successfully complete a rehabilitation or alcohol and drug education program, and/or meet other requirements. If you have been charged with a DUI and you need the assistance of a knowledgeable and experienced Illinois DUI Lawyer, contact our offices right away.

What is Driving Under the Influence in Illinois?

Driving under the influence is defined as operating a motor vehicle while impaired by alcohol, other drugs including cannabis (marijuana) prescribed for medical purposes, or intoxicating compounds and methamphetamine. In Illinois, a driver is legally considered to be under the influence if he/she has a blood-alcohol content (BAC) of .08 or more, has used any illegal substance, or is impaired by medical marijuana.

Illinois Implied Consent Law

As a licensed driver in the State of Illinois and even by the mere fact that you are driving on Illinois roadways, you are subject to the Illinois DUI laws, and thereby automatically consent to submit to certain tests following a stop or arrest for DUI. The tests you may be required to perform include blood tests, urine tests, and breathalyzer tests which will indicate the levels of intoxicating substances in your system. If you are stopped and ticketed or arrested for DUI in Illinois, it is imperative that you contact an experienced lawyer.

Illinois Statutory Summary Suspension DUI Laws

Under Illinois DUI laws, if you are arrested for drunk driving with a BAC of .08 percent or more, unless your attorney can challenge the stop, the test results, or otherwise establish you were not appropriately provided with the warnings to motorists, your driving privileges will be suspended.

If you are stopped for DUI in Illinois and you refuse to submit to testing, unless your lawyer can challenge the stop or is otherwise successful during a summary suspension hearing, your driving privileges will be suspended for six months upon your first instance of refusal. With each additional offense or refusal to submit to testing the suspension periods get longer and you could ultimately have your driving privileges permanently revoked.

First DUI Offense

The first DUI conviction in Illinois is a Class A misdemeanor and, in addition to Statutory Summary Suspension, your driving privileges will be revoked for a minimum of 1 year. If you are under the age of 21 at the time of your first DUI conviction, your driving privileges will be revoked for a minimum of 2 years. Regardless of your age, first offenses result in suspension of your vehicle registration.

If your BAC is .16 or higher, you will also have a mandatory minimum fine of $500 and mandatory community service hours no less than 100 hours. If your first DUI occurred while transporting a child under the age of 16 then you will face additional punishment including up to 6 months jail time, a mandatory minimum fine of $1,000, and 25 days of community service. If a child under the age of 16 was injured in any crash you will be facing charges for aggravated DUI which is a Class 4 felony punishable by a term of imprisonment no less than one year and no more than three years, plus a mandatory minimum fine of $2,500 and 25 days community service.

Second DUI Offense

A second DUI conviction in Illinois is a Class A misdemeanor punishable by a mandatory minimum of 5 days jail time or 240 community service hours and suspension of vehicle registration. If you are convicted of a second DUI offense within 20 years of the first, you will lose your license for a minimum of five years. If the second offense is within five years of the first, in addition to other fines and penalties, you will be sentenced to five days in jail or 30 days of community service. You also may be fined up to $2,500 and given a jail sentence of up to one year.

If your BAC is .16 or higher there is an additional mandatory 2 days jail time and mandatory minimum fine of $1,250. If committed while transporting a child under 16 years old you will face charges for aggravated DUI which is a Class 4 felony punishable by a term of imprisonment no less than one year and no more than three years. If a child under the age of 16 is injured in any crash you may have had, you will be facing a Class 2 felony punishable by a term of imprisonment no less than three years and no more than seven years, plus a mandatory minimum fine of $2,5000 and 25 days of community service.

Third DUI Offense

A third DUI conviction in Illinois is an aggravated DUI and a Class 4 felony which will result in the loss of your license for a minimum of 10 years, a possible term of imprisonment of one to three years, and fines of up to $25,000.

If your BAC is .16 or higher you face additional punishment of mandatory imprisonment for 90 days and a minimum fine of $2,500. If committed while transporting a child under the age of 16, there is an additional mandatory minimum fine of $25,000 and 25 days of community service.

Fourth DUI Offense

A fourth DUI conviction is an aggravated DUI and a Class 2 felony punishable by a term of imprisonment no less than three years and no more than seven years, plus revocation of your driving privileges for life with no available relief and suspension of vehicle registration.

If committed with a BAC of .16 or more, in addition to the other sanctions, there is a mandatory minimum fine of $5,000. If committed while transporting a child under age 16, there is an additional mandatory fine of $25,000 and 25 days of community service.

Fifth DUI Offense

A fifth DUI Conviction in Illinois is an aggravated DUI and a Class 1 felony punishable by a term of imprisonment no less than four years and no more than 15 years, plus revocation of driving privileges for life with no relief and suspension of vehicle registration.

If committed with a BAC of .16 or more, additional sanctions of a mandatory minimum fine of $5,000. If committed while transporting a child under age 16, in addition to the other sanctions there is a mandatory fine of $25,000 and 25 days of community service will be required.

Sixth or Subsequent DUI Offense

A sixth or subsequent DUI conviction in Illinois is an aggravated DUI and a Class X felony punishable by a mandatory term of imprisonment no less than six years and no more than 60 years plus revocation of driving privileges for life with no relief available and suspension of vehicle registration.

If committed with a BAC of .16 or more, in addition to the other sanction, you will be required to pay a mandatory minimum fine of $5,000. If committed while transporting a child under age 16, in addition to the other sanctions, a mandatory fine of $25,000 and 25 days of community service will be required.

DUI Penalties – Cost of Monitoring Device Driving Permit

Under Illinois’ Monitoring Device Driving Permit (MDDP) DUI laws, the offender is required to pay the Secretary of State an administrative fee of $30.00 per month. The entire number of months must be paid up front. If convicted of DUI you must take your vehicle to a certified BAIID installation company. These are private companies. There will be an installation fee (approximately $85.00 to $150.00 paid to the vendor) and a monthly fee for the device (approximately $80 to $115.00 per month paid to the vendor). You can look at the vendor list provided by the Illinois Secretary of State for detailed pricing.

Once installed, the device begins monitoring. It is initially uploaded to the Secretary of State to notify them of installation. If not uploaded initially, then eventually the MDDP is cancelled.

After the device is installed you must bring your vehicle into the installer every 30 days for readings. The BAIID company sends a report to the Secretary of State monthly, and the computer at the Secretary of State office looks for violations. There is a specific set of rules that have been set out by the Secretary of State for MDDP violations and other MDDP related issues.

If the offender is convicted of any moving violation during the MDDP period, the Secretary of State shall extend the suspension for another six or 12 month period, depending on the initial suspension length.

Alison and her husband Bob WILL fight for your rights! Extremely smart and they definitely get the job done. Talked to them in person after my life had suddenly been altered. They made me feel confident that I can live my life and I also loved the fact that on the very first phone call, Alison waz asking all sorts of questions. They really do care about you and you’re family and she even sends texts just to see how you’re doing. I can’t recommend them enough!

– Jason

SPEAK TO AN EXPERIENCED ILLINOIS DUI DEFENSE ATTORNEY TODAY

If you have been charged with, or believe you will be charged with, a criminal offense in the Chicago area, contact our law offices right away. In a criminal case, every second matters. The earlier you contact a criminal defense attorney, the sooner they can get to work building your case.

Fill out the form to receive your free case evaluation and one of our team members will be in touch with you as soon as possible.

If you need to speak with an attorney now, please give us a call at our Chicago or Aurora, IL office to discuss the specifics of your case and what defense options may be available to you.

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