When Should I Call a Belleville DUI Lawyer?

Being convicted of a DUI can result in disastrous consequences that can impact your finances, your freedom, and your reputation. If you have been charged with a DUI, it is imperative that you contact an experienced Belleville DUI lawyer to help protect your rights and begin working to reduce or avoid the consequences of this charge.

 

Here Is What You Can Expect After Being Charged With a DUI in Illinois

According to the Illinois Secretary of State, Jesse White, more than 26,000 people were arrested for DUI in the state in a year’s time, and 90 percent of those arrests resulted in the loss of an individual’s driving privileges, including almost 300 drivers under 21 who lost their license as a result of Illinois’ Zero Tolerance Law for underage drinking. 86 percent of all drivers who were arrested for DUI during that time frame were first-time offenders.

Illinois DUI Laws

As with most other states in the country, the legal impairment limit for alcohol for adults over 21 when driving is .08 grams of alcohol per deciliter of blood. This is the point of impairment in which the risk of causing a crash increases exponentially due to the impact of the alcohol on skills the driver needs to operate his or her motor vehicle safely. Illinois’ DUI laws state the following:

  • A driver is considered impaired if he or she has a blood or breath alcohol content (BAC) of .08 or higher; is under the influence of alcohol, or is under the influence of any intoxicating compound or a combination of intoxicating compounds or drugs to the point that it impairs their ability to operate the vehicle safely.
  • A first time DUI is a misdemeanor offense. The penalties for subsequent impairment convictions will increase.
  • Penalties also increase if the driver’s impairment results in an accident that causes serious bodily harm or death to another person, if the driver was driving the wrong way on a one-way road, or if the impairment occurred while the driver was operating a school bus. These are all considered “aggravating factors.”
  • Illinois’ Zero Tolerance Law states that any driver under the age of 21 who is found to have any trace of alcohol in his or her system will lose driving privileges for a minimum of two years.

Illinois DUI Penalties

Generally, a person who has been arrested for a first-time DUI will be released on bond and will be given a court date in which to appear to answer to the charge. At the same time, notice will be given to the driver that his or her license will be suspended within 46 days. For first-time offenders — If a breathalyzer test if failed, the suspension period will last six months. If you refuse to take a test, the suspension period is up to one year. Each subsequent offense is penalized with much longer suspensions.

Illinois is an implied consent state, which means that — by obtaining a driver’s license — the driver gives his or her implied consent to a breathalyzer or blood test if suspected of impaired driving. Refusing to submit to a breathalyzer will typically result in a longer suspension than blowing over the limit on your test.

Other penalties vary widely depending on the circumstances of the offense. However, DUI penalties often include:

  • Installation of an ignition interlock device on the driver’s vehicle, at the driver’s expense.
  • Incarceration in jail or even in prison.
  • Court-ordered alcohol treatment and/or alcohol education classes.
  • Difficulty obtaining auto insurance and a large increase in the cost of obtaining insurance.
  • The conviction will remain on the driver’s driving record and may appear on criminal background checks, potentially impacting the individual’s ability to get a job, attend college, or rent an apartment.

 

Lookback Period for Illinois DUIs

It is not unusual for states to have a lookback period of five to ten years for DUIs. What this means is that if you have been convicted of a DUI and you are convicted of a second impairment-related driving offense during that time frame, it will count as your second DUI and will amount to increased penalties. After the lookback period has expired, a second impairment-related offense would be treated as though it was the driver’s first DUI.

Illinois does not have a lookback period. What this means is that the first DUI remains on the driver’s permanent driving record and any subsequent DUIs or other impairment-related driving offenses will be treated as an additional conviction, regardless of how many years it has been since the last conviction.

 

Reinstatement of Driving Privileges After a DUI

A first-time offender can get his or her driving privileges reinstated during the mandatory suspension period by applying for a Monitoring Device Driver’s Permit (MDDP) from the Secretary of State, provided he or she has not:

  • Received a previous suspension within the last five years.
  • Received a previous DUI conviction and is not under assigned court supervision for a DUI in Illinois.
  • Had a DUI conviction in any other state in the last five years.
  • Caused an accident that resulted in serious bodily harm to another person or been previously convicted of reckless homicide or aggravated DUI involving death.
  • Under 18 years old.
  • A qualifying and licensed medical marijuana patient.

The MDDP requires the driver to have an ignition interlock installed on his or her car within 14 days of its issuance, and that device remains throughout the suspension. The driver is also required to pay a monthly administration fee of $30.

 

TOP-RATED BELLEVILLE, ILLINOIS DUI LAWYER

Choosing a DUI lawyer to fight for your rights is an important decision and can have a lasting impact on your life. The Law Office of Jason B Going is home to an experienced and proven DUI defense team who will give you the best chance at a favorable outcome in your case.

If you have been charged with DUI or any other criminal charges, we can help get you the best possible results. Contact us today for a free consultation and get started right away building your defense.

Helping those Injured in Accidents Across Illinois

Through the years Jason has served as an advocate for numerous clients in matters before various Circuit Courts in Illinois and Missouri as well as before the Missouri Court of Appeals. He represents clients in various areas of law including personal injury, automobile accidents, workers' compensation, criminal defense, DUI/DWI defense, and traffic cases.. Jason is licensed in Illinois, Missouri, and Florida.

We are here to help the residents of:

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