Jason Mercure - DUI, Felony, Misdemeanor Attorney in Palatine IL

Serving the Palatine Area Frequently

DUI? Who Says You Have To Lose Your License and Your Freedom?

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

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.

Penalty for failing chemical testing:

first offense - mandatory 6-month driver's license suspension

second offense - mandatory 12-month suspension

Penalty for refusing to submit to chemical testing:

first offense - mandatory 12-month driver's license suspension

second offense - mandatory 36-month suspension

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.

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.

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.

A Judicial Driving Permit (JDP) may be available to qualifying offenders during the suspension period.

Statutory Summary Suspension Penalties:

Offense	Loss of Driving Privileges	Driving Permit
Failing Chemical Testing, First Offense	6 Month	Eligible for Judicial Driving Permit on 31st day of suspension

Refusing to Submit to Chemical Testing, First Offense	12 Months	Eligible for Judicial Driving Permit on 31st day of suspension

Failing Chemical Testing, Second or Subsequent Offense Within 5 Years	12 Months	Not eligible for JDP; not eligible for RDP

Penalties for Other Alcohol-Related Offenses

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.

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.

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.

Possession of Drugs in a Vehicle

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.

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.

Driving on a Suspended or Revoked License

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.

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.

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.

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.

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.

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.