Penalties for a DUI
Statutory summary suspension Illinois:
In Illinois, if you refuse chemical testing (urine, blood or breath) your licence is automatically suspended for one year. If however, you agree to chemical testing (urine, blood or breath) your licence will be suspended for six moths. A separate hearing is required to fight the summary suspension of your licence. Such hearings are usually referred to as a summary suspension hearing
. During this hearing, you can challenge the basis of your DUI arrest
, as well as the procedures employed by the police leading up to your DUI arrest. If successful during the hearing, the judge will then lift your suspension.
First and Second offenses:
A first time DUI offense will usually be addressed as a Class A misdemeanor. With a Class A Misdemeanor, you are facing a maximum of one year in jail or some sort of supervision, conditional discharge or probation. Exactly what you get would be determined by the circumstances surrounding your DUI. For instance, you are facing stiffer penalties if you were arrested for DUI with children in your car, or if it is your second DUI offense.
A third offense for a DUI could be treated as a felony. These types of DUI cases are referred to as aggravated DUI
. However, even a first or second DUI can trigger an aggravated DUI if at the time of the offense you were driving without a valid license, a suspended license, or a school bus, or you caused a serious accident. An aggravated DUI comes with the possibility of incarceration.
Apart from the above mentioned penalties, a DUI charge could also lead to the suspension of your driver’s license even if you have not yet been convicted of a DUI. Under such circumstances the only way to challenge the temporary loss of your license is through what is referred to as a Summary Suspension Hearing
. During such a hearing, an experienced attorney will present certain reasons why your license should not be suspended.
As a Chicago DUI attorney
, Mr. Uche has the experience and skill necessary to protect you from the harsh penalties you face when charged with a DUI.
For a FREE
24/7 consultation with Attorney Uche call 302-252-5612