DUI Attorney in La Grange, Illinois
DUI General Information
Driving under the influence is considered a Class A Misdemeanor in the State of Illinois, and can be punishable by up to 364 days in jail, a fine of up to $2500, or any combination between jail time and fines. Understand that the Court will also tack on additional court costs on top of the fine should you be found guilty.
The Statute for DUI is 625 ILCS 5/11-501, and under that are two further classifications:
625 ILCS 5/11-501(a)(1) for individuals who have an alcohol concentration in one’s blood or breath of 0.08 or more; and
625 ILCS 5/11-501(a)(2) for individuals who are intoxicated.
First-time DUI offenders are governed by 625 ILCS 5/11-503 which provides that an individual with no prior DUIs or reckless driving convictions on their records is eligible for a disposition called supervision.
You’re considered to be a first-time offender if you have no prior DUIs or statutory summary suspensions from Illinois, or any other state within the last five years. See 625 ILCS 5/11-500.
Supervision is not considered a conviction as far as your record is concerned. The individual is given tasks that they need to complete within a certain time frame, which is in most cases 12 months. These tasks can range from community service hours to attending a victim impact panel, or driving school. The Court will continue your case to the end of those 12 months under the supervision of the Judge. At which time, assuming all tasks are completed, the charges will be dismissed assuming the individual has not violated the law in any other way during this 12-month period.
Note: Supervision is not available if you have a prior DUI or Reckless Driving conviction on your record, in those instances the minimum sentence will have to be a conviction.
DUI’s Are Two Cases Rolled Into One.
Alongside the pending criminal case is an additional civil matter of equal importance involving your driver's license.
Upon being arrested for DUI, the Secretary of State will send you a notice in the mail informing you that your license has been suspended. The term of your suspension first depends upon whether you are considered a first-time offender, and second, whether you failed or refused chemical testing.
A failure to pass chemical testing will result in a 6-month suspension of your license, and a refusal of chemical testing will result in a 12-month suspension of your license.
However, you have the right to a hearing to challenge the merits of this suspension to have it rescinded (canceled).
At such a hearing, we would have to convince the Judge that the summary suspension should be rescinded due to one of the following arguments:
Not being properly placed under arrest for an offense as defined in 625 ILCS 5/11-501 of the IL Vehicle Code or a similar provision of a local ordinance, as evidenced by the issuance of a Uniform Traffic Ticket; or
The arresting officer did not have reasonable grounds to believe that the person was driving or in actual physical control of a motor vehicle while under the influence of alcohol and/or drugs, or a combination thereof; or
Not being properly warned by the arresting officer as provided in 625 ILCS 5/11-501.1(c) of the IL Vehicle Code; or
Not refusing to submit to and/or complete the required chemical test or tests pursuant to 625 ILCS 501/11-501.1(d) of the IL Vehicle Code, upon the request of the arresting officer; and
Submitting to the requested test or tests, but the test sample did not indicate an alcohol concentration of 0.08 or more.
You have 90 days upon receiving the Notice of your Statutory Summary Suspension to file a Petition to Rescind your Statutory Summary Suspension with the Court, so time is of the essence.
Depending on the facts of your case, you may be eligible to have a BAIID (Breath Alcohol Ignition Interlock Device) installed into your vehicle, which would allow you to then receive a RDP (Restricted Driving Permit).
Note: BAIID’s come with mandatory costs that will need to be paid during the period in which it is in your vehicle:
Monthly BAIID Rental: $80
Monthly Monitoring Fees: $30
Furthermore, once you have a BAIID installed in your vehicle, you cannot operate any other motor vehicle, if you are pulled over operating a vehicle that does not have a BAIID installed during your suspension, you run the risk of having your RDP revoked, and additional charges filed against you.
If You’ve Been Arrested for DUI in Illinois, Contact Angelillo Law Immediately for Your Free Consultation
The impact of not being able to drive will put a large strain on your ability to travel to and from work, which in turn could cost you your employment. Attorney Angelillo has represented countless numbers of Defendants for DUI, Attorney Angelillo will do everything he can to try and help mitigate the impact of these charges to the best of his abilities.
How Exactly Is A DUI Defined Under Illinois Law?
In the state of Illinois, the Driving Under the Influence (DUI) law is explained in 625 ILCs 5/11-501. It states that it is illegal for an individual to drive or be in actual physical control of a motor vehicle while under the influence of an intoxicating substance. The most common intoxicating substance that individuals are charged with DUI for is alcohol. If an individual submits a blood or breath sample and it registers above 0.08 Blood Alcohol Concentration (BAC), that individual can be charged with a DUI. Many people do not realize that other intoxicating compounds can also lead to DUI charges if the officer suspects that they are under the influence and unable to properly use a motor vehicle. Medications with a side effect of drowsiness are a prime example. Read More
Should I Consent to Perform the Standardized Field Sobriety Tests?
Mr. Angelillo's advice to people who ask this is, “Don’t be a hero.” Many individuals, undoubtedly filled with a certain level of hubris, believe that they can beat the field sobriety tests. Angelillo has sat across from more individuals who thought this and failed than those who had thought this and had succeeded. Many people believe when prompted by police to take field sobriety tests, that they are under an obligation to perform the field sobriety tests. This could not be farther from the truth. You are not under any obligation to perform field sobriety tests. If anything, it is more likely that you do more to hurt your case. Everything you do, from how you speak to how you act is a building block for a future state’s attorney to build their case against you. By agreeing to perform field sobriety tests, you are essentially handing all the blocks over to the state and allowing them to use each block indiscriminately rather than limiting what pieces they are allowed to use. Read More
What Steps Should I Take after Being Released from Custody for A DUI?
For first-time offenders, and even for second or third-time offenders, the first advice Attorney Angelillo offers is to relax. Often people have done their own research online for potential penalties for a DUI conviction, and that it is a Class A misdemeanor and they can spend up to 364 days in the Cook County Department of Corrections; and a fine of up to $2,500.00 or any combination of the two. Read More
What Are the Penalties for A DUI Conviction in Illinois?
The potential consequences or penalties of a DUI charge range depending on the individual circumstances of your specific case. Is this a first-time DUI charge? A second or third subsequent one? It depends, especially for second or third subsequent offenses, when the previous convictions occurred. For the first-time DUI charge, you’re facing a Class A misdemeanor, which can carry the penalties of 1 to 364 days in the Cook County Department of Corrections, court costs, and fines of up to $2,500, or any combination therein. Most individuals with a first-time DUI are not going to see jail time. Most likely, they will receive 12 months of court supervision, having to attend a victim impact panel or driving school. In certain cases, there may be community service hours are required. Read More.e