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DUI? Who Says
You Have To Lose Your License and Your Freedom? |
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| The law
firm of Jason Mercure, routinely receives
referrals from past clients and from other
attorneys. The Cost of a DUI can be scary.
Jason Mercure concentrates on DUI's. We know
the law and we are aggressive in protecting
clients from the worst. Call Jason Mercure
for a free consultation at 847-336-4440 |
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Within
Illinois if you have a DUI, you will have to
deal with a Statutory Summary Suspension:
A Statutory
Summary Suspension is an administrative
procedure providing for the automatic
driver's license suspension of a driver
arrested for DUI who fails chemical testing
(a test showing a BAC of .08 percent or more
or any amount of cannabis, controlled
substance or intoxicating com pound) or who
refuses to submit to or fails to complete
testing.
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| Penalty for
failing chemical testing: |
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| first
offense - mandatory 6-month driver's
license suspension |
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second offense -
mandatory 12-month suspension |
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| Penalty for
refusing to submit to chemical testing: |
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first offense -
mandatory 12-month driver's license
suspension |
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second offense -
mandatory 36-month suspension
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A Statutory
Summary Suspension does not apply to an
individual who has a BAC of less than .08.
If a BAC greater than .05 and additional
evidence such as an open container warrants
a DUI arrest, the outcome of the court case
will determine if penalties apply.
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| Summary
suspensions are automatic, effective on the 46th day
from the notice date of the suspension. This suspension
of driving privileges does not take the place of
criminal penalties for a DUI conviction. An offender may
request a judicial hearing to challenge the legality of
an arrest; however, the request does not stop the
suspension from taking effect. |
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| If a
commercial driver’s license (CDL) holder receives a
Statutory Summary Suspension, his/her CDL privileges
will be disqualified for 12 months if a first offender
and lifetime disqualification for a second offender. |
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| A Judicial
Driving Permit (JDP) may be available to qualifying
offenders during the suspension period. |
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| Statutory
Summary Suspension Penalties: |
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Offense
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Loss of
Driving Privileges |
Driving
Permit |
Failing
Chemical Testing,
First Offense |
6 Month |
Eligible
for Judicial Driving Permit on 31st day of
suspension |
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Refusing to Submit to Chemical Testing,
First Offense |
12 Months |
Eligible for Judicial Driving Permit on 31st
day of suspension |
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Failing Chemical Testing, Second or
Subsequent Offense Within 5 Years |
12 Months |
Not eligible for JDP; not eligible for RDP |
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| Penalties for
Other Alcohol-Related Offenses |
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Aggravated DUI |
| A third or
subsequent DUI conviction; a DUI while
driving a school bus carrying children; a
DUI resulting in great bodily harm,
permanent disability or disfigurement; a DUI
without a license or permit; a DUI with no
proof of insurance; or a DUI after a prior
conviction of reckless homicide or
Aggravated DUI resulting in one or more
details. |
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Aggravated DUI Involving a Death A
DUI resulting in one or more deaths. |
| Class 2
felony with possible imprisonment of
three-14 years and fines of up to $25,000. |
| Possible
6-28 years imprisonment for multiple
fatalities. |
| Minimum
2-year revocation of driving privileges. |
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Reckless Homicide (DUI)
A DUI
resulting in the loss of life. |
| Class 2
felony with possible 3-14 years
imprisonment; fines of up to $25,000. |
| Possible
6-28 years imprisonment for multiple
fatalities. |
| Minimum
2-year revocation of driving privileges.
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| Possession of
Drugs in a Vehicle |
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Illegal possession of a controlled substance
or cannabis by a driver; violations must be
entered in court records and reported to the
Secretary of State. |
| 1-year
suspension of driving privileges for a first
conviction. |
| 5-year
suspension of driving privileges for a
second conviction within 5 years. |
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Knowingly Permitting a Driver Under the
Influence to Operate a Vehicle |
| Class
Amisdemeanor with possible 0-12 months
imprisonment and fines of up to $2,500. |
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| Driving on
a Suspended or Revoked License |
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First Conviction —
Class A misdemeanor with possible 0-12
months imprisonment; mandatory 10-day
imprisonment or 30 days communityservice;
fines of up to $2,500; loss of driving
privileges for double the originalsuspension
period or additional 1-year revocation; may
result in seizure or forfeiture of vehicle. |
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Second conviction
— Class 4 felony with possible 1-3 years
imprisonment; minimum 30 days in jail or 300
hours community service; fines of up to
$25,000; loss of driving privileges for
double the original suspension period or
additional 1-year revocation; may result in
seizure or forfeiture of vehicle. |
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Third conviction —
Class 4 felony with possible 1-3 years
imprisonment; minimum 30 days in jail or 300
hours community service; fines of up to
$25,000; loss of driving privileges for
double the original suspension period or
additional 1-year revocation; may result in
seizure or forfeiture of vehicle. |
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Fourth-ninth conviction
— Class 4 felony with possible 1-3 years
imprisonment; minimum 180 days in jail;
fines of up to $25,000; loss of driving
privileges for double the original
suspension period or additional 1-year
revocation; may result in seizure or
forfeiture of vehicle. |
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10th-14th conviction
— Class 3 felony with possible 2-5 years
imprisonment; not eligible for probation or
conditional discharge; fines of up to
$25,000; loss of driving privileges for
double the original suspension period or
additional 1-year revocation; may result in
seizure or forfeiture of vehicle. |
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15th or subsequent conviction
— Class 2 felony with possible 3-7 years
imprisonment; not eligible for probation or
conditional discharge; fines of up to
$25,000; loss of driving privileges for
double the original suspension period or
additional 1-year revocation; may result in
seizure or forfeiture of vehicle. |
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