Driving Under the Influence of Alcohol (
625 ILCS 5/11-501) is a Class A Misdemeanor, which is punishable up to 364 days in jail
and a $2,500.00 fine. A conviction for Driving Under the Influence of
Alcohol, DUI, will result in the loss of one’s driving privileges.
After a conviction has been rendered for DUI, the sole way to obtain driving
relief is to petition the Illinois Secretary of State for reinstatement
of driving privileges in a formal hearing, after an alcohol update from
a treatment provider.
What Happens Next?
There are a multitude of factors that can be confusing when someone has
been given a DUI citation. After one receives a DUI citation, generally,
the Illinois Secretary of State then sends the ticket holder a document
informing him that he is a First Time Offender.
Well, that is true if the ticket holder has received his
first ever DUI in the immediate arrest, accompanied by a Statutory Summary Suspension.
However, if the ticket holder has had a prior DUI, the ticket holder may
still receive the same suspension notice. The aforementioned action by the Illinois
Secretary of State leaves individuals extremely confused. Some even have
the false sense of security that the State may have misplaced or lost
their prior DUI disposition. In order to clear up the confusion, people
must realize that a DUI has two components, the Statutory Summary Suspension
and the criminal component.
The First Component
The Statutory Summary Suspension persons receive, informs individuals that
the Illinois Secretary of State will suspend ones driver's license
on the 46
th day after he fails or refuses a breath test that the arresting officer
requests. If one agrees to the breath test, the suspension sentence shall
be 6 months. If one refuses the breath test, the suspension sentence is
12 months, assuming the individual is a first time offender, has valid
driving privileges and no death or great bodily injury occurred to a victim
in the DUI arrest. For Illinois Secretary of State purposes, an individual
can be a first time DUI offender with multiple DUI’S depending how
previous DUI occurred.
The Second Component
The second component is the criminal case. The State may choose to upgrade
one’s DUI to a felony case, depending on a multitude of factors,
such as whether one had prior DUI’S, whether one had a valid driver’s
license, whether a personal injury occurred, how many prior DUI’S
one had or not having insurance. An individual may only receive Court
Supervision once in their lifetime for a DUI, regardless if the Statutory
Summary Suspension notice suggests otherwise. Assuming one pleads guilty
or is found guilty of DUI, a conviction is mandatory, resulting in a REVOCATION
of one’s driver’s license, in spite of the Statutory Summary
Suspension suggesting the ticket holder is a first time DUI offender.
Have further questions about your DUI charges in Illinois? Call a Peoria
DUI attorney from
McCall Law Offices, P.C. to obtain legal counsel. Attorney McCall can provide tough defense and
Contact the office to request a consultation!