- If the driver has been stopped and ordered to perform field sobriety and chemical testing of blood, breath, or urine and the tests indicate a BAC that is over the legal level, or the driver refuses to submit to chemical tests, they will be issued a statutory summary suspension with a receipt that allows the driver 45 days to challenge the charge before the suspension becomes active.
- In order to challenge the summary suspension, you will be granted a judicial hearing within 30 days of when your challenge was made.
- Only 5 legal issues can be considered in the judicial hearing: whether the individual was arrested for DUI, whether there were reasonable grounds to believe at the time of the arrest that the person was in physical control of the vehicle while under the influence of alcohol or drugs, whether the driver refused to submit to chemical testing, whether — after submitting to chemical testing — the driver’s results showed impairment, and whether the driver was involved in a motor vehicle crash that resulted in personal injury or death to another person.
- 1st offense: A Class A misdemeanor, suspension of vehicle registration, and suspension of driver’s license for one year, and up to $2,500 in fines. Higher impairment levels, accidents involving injury or death, or DUIs occurring with a minor under 16 in transport will result in stiffer penalties.
- 2nd conviction: Class A misdemeanor, mandatory incarceration of 5 days or 240 hours of useful public service, revocation of driving privileges for up to five years, and a fine of up to $2,500.
- Third and subsequent convictions are considered aggravated DUI, a felony, that is punishable by a revocation of driving privileges for a minimum of ten years, suspension of vehicle registration, imprisonment of three to seven years, and fines of up to $25,000.
- Ensuring that all other suspensions and revocations on your driving record are closed.
- Paying a $250 reinstatement fee to the Secretary of State. Repeat offenders must pay a fee of $500.
- Having a clear driving record.
- Submitting to alcohol and drug evaluations and education classes.
- Appearing before a hearing officer in order to demonstrate that public safety will not be endangered by the reinstatement of driving privileges.
- Filing proof of financial responsibility (SR22) and paying a $500 reinstatement fee.
No matter what life throws your way, get GOING.
DUI charges are very serious, and attempting to fight them on your own is never a good idea. O'Fallon DUI lawyers are highly qualified and experienced attorneys who will be able to review your case and determine the best way to fight back against your charges. DUI laws are strict, and penalties can be severe. An O'Fallon DUI lawyer will give you the best chance at a favorable outcome.
No, being charged with an O'Fallon DUI does not have to ruin your life. If you have been charged with a DUI, contacting an O'Fallon DUI lawyer as soon as possible will give you the best possibility of getting your charges lessened or even dropped altogether. This will help make sure the DUI charges have the lowest impact potential on your future.
When hiring an O'Fallon DUI attorney, here are a few questions to ask them to make sure you are getting the best representation possible
What is your honest opinion of my case?
Do you have experience with O'Fallon DUI cases similar to mine? How did they turn out?
How long have you been defending DUI cases in O'Fallon?
Who will I be communicating with throughout my case?
How are your fees structured?