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.
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.
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:
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:
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.
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:
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.
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.
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.