For the criminal charges, you are innocent until proven guilty and these won't appear on your record until the end of the case if you are found guilty or plead guilty. The suspension is different. You are entitled to a hearing to fight the suspension, and there is a time limit to do this.
Not only that, we can file the Petition asking to fight your suspension right away, and because this starts a clock running, this could very much be in your favor. Waiting to file this Petition could greatly increase the chances of you being suspended. If this is your first time DUI offense and you want to drive and haven't had your hearing on the suspension or lost it you are still eligible to put a breathalyzer called a BAIID device in your car and drive during your suspension as long as you drive the car where the BAIID is installed.
It's not great: you have to blow into it to start your car and it can also alert you to blow again while you're driving, but it's better than not driving at all for some people.
Keep in mind the BAIID device is far from perfect and can register alcohol in your breath even if you've only just brushed your teeth or had been chewing gum. As long as you had a valid license on the date of your arrest, you can STILL drive for 46 days after your arrest. However, at midnight on the 46th day, your license will be suspended. If you have an Illinois driver's license, the officer probably took your license.
You are still able to drive without it. The officer should have given you a thin, white piece of paper that says "Notice of Statutory Summary Suspension".
If you turn it over, on the back there will be a "receipt to drive. It is a misconception to think there is nothing that can be done until your first court date. It's actually the opposite. Like we mentioned above, your license suspension should happen automatically at midnight on the 46th day after your arrest. This cannot in any way be delayed until later by your attorney. The only options to prevent yourself from being suspended on that 46th day are to file a Petition to fight the suspension and sometimes win the hearing on that Petition, in order for the suspension to be taken off.
Keep in mind most of these suspension hearings are held on your first court date or later, which is usually after your suspension may start, so you should hire a lawyer right after your arrest in order to have time on your side before your suspension starts. There may also be key evidence your lawyer needs to request, like video footage, that will be destroyed or recorded over if it's not requested within a few days.
If you want to fight your license suspension in Chicago, schedule a consultation with our DUI defense attorney today! Every courthouse is different. If your case is at Daley Center , 50 W. You will be assigned to the same room every court appearance. At Daley Center, the judges rotate every day, and you will not know beforehand which judge you will see. You can possibly have a different judge every time you appear in court.
Court will either be at 9 am or 1 pm, and you cannot be late. If you are late, the judge may issue a warrant for your arrest.
If you have court in the Skokie courthouse, Bridgeview courthouse, Markham courthouse, the Maywood courthouse, the Rolling Meadows courthouse or 26th and California, you will also be assigned a specific room. The judges at these courthouses don't rotate as often, so you may have the same judge throughout your case.
Appearance times at these courthouse include 9 am, am, pm, pm. In Illinois, a defendant must appear at every court date unless the judge specifically grants permission to the defendant not to appear. This is rare, and would only happen for very narrow circumstances.
We read in the newspapers and tabloids about stars who get arrested in other states and their lawyers appear for them while they are off working in a different state, but that does not happen in Illinois. In addition, you must get permission from the judge to leave the state of Illinois after you've been arrested and while your DUI case is going on.
Your first appearance court date is set by the police officer and is listed on the tickets that were given to you, and also on your bond slip. All police officers have a "key date" schedule in which they appear in court every few weeks each year. Your case will be set on your officer's key date or assigned date to be in court. Usually your additional court appearances will also be set on your officer's preset key dates.
You should assume there will be at least a handful of court dates that you will have to appear at, although every case is different. Certainly for defendants who live out of town and were arrested while they were visiting Chicago, they want to limit the number of times they have to fly back for court. However, we generally tell our clients that if we are going to take the case to trial, they should plan on at least 3 or 4 court dates.
Some cases take more than a year to fight, some take less. Since the license suspension by the Secretary of State is the first consequence that happens as a result of your DUI arrest, that is the first thing we fight. Since your criminal DUI charges and other tickets will not go on your record until the end of the case if you lose, it is advisable to fight your suspension in court first. Once that has been done, you can move onto fighting the criminal charges.
The DUI court process can be confusing. Unlike a trial for DUI where the prosecutor has to prove you guilty beyond a reasonable doubt, it is not the same for fighting a suspension. Because a suspension is civil in nature, it is the client's burden to win the hearing, not the prosecutor's. In addition, the standard is lower than beyond a reasonable doubt. Whether you are guilty or innocent does not really come into play in this hearing.
Local law enforcement across America has been cracking down on drunk driving over the past few years and increasing punishment severity along the way in order to help reduce these numbers.
If you are arrested for driving under the influence, it can be a scary and confusing process. Especially if it is your first time. Understanding a DUI can be imperative to not only avoiding being charged with one in the future but handling any current charges you are facing.
With that said, do not forget that you still have rights as well as access to certain protections when charged with a DUI. Read on, and we will walk you through what happens after a DUI arrest and how you can best protect yourself in the aftermath. DUI stands for Driving Under the Influence and it refers to operating a vehicle while under the influence of alcohol or drugs including some prescription medications. Every state in the country has laws against driving under the influence.
Across the country, it is against the law to drive if you have a blood alcohol concentration BAC of 0. How impaired or affected you are by the alcohol does not change it from being a crime. To prove that a person is guilty of driving under the influence, two things must be proven.
First is that the suspect drove a vehicle. An officer may decide to make an arrest if they suspect that you have the intent to drive, even if your car is idle or off. The second thing that must be proven is that you are under the influence. The officer must be able to prove that your blood alcohol concentration was at 0. If your BAC reached this threshold but you showed no signs of impairment, you might have a better chance at winning your case, although this is not guaranteed.
In many states, a first time DUI counts as a misdemeanor. Although the punishment for a misdemeanor is no walk in the park, it is much more preferable to receiving a felony DUI.
If, while driving under the influence, you should happen to injure or kill another person, you can be found guilty of a felony. You may then end up going to state prison for several years if convicted. Having prior DUI arrests can also result in felony charges or harsher sentences than for first-time offenders. If you happen to be in a car accident, make sure that you consult with qualified car accident attorneys.
In some states, multiple DUI convictions are enough to warrant a felony charge. This is regardless of whether or not you harmed another person. If you are caught driving under the influence, you will probably not be driving yourself home. The police will most likely arrest you on the spot and take you to the police station. Once there, the police will book you. This is where the process can become overwhelming and a lot will happen at once. Remember to schedule a free consult with a DUI defense attorney as soon as you can following the booking process.
This means that you have agreed to comply with future law enforcement requests to take a BAC or chemical test to determine your sobriety. Refusing to take a chemical test on the spot can result in license suspension and other penalties, regardless of your intoxication level.
It is important to note that chemical tests differ from field sobriety tests. While chemical tests have scientific backing, field tests are much more subjective. A field sobriety test involves a police officer asking you to perform different exercises such as standing on one foot or walking in a straight line. The problem with these tests is that they are not as conclusive as a chemical test and even sober people can fail them. In many states, field sobriety tests are not actually mandatory and you can tell the police officer that you politely refuse to take it.
For example, Kansas recently got rid of its law requiring people to take field sobriety tests. Although bookings vary from state to state, they usually involve a police officer taking down your personal information. After this, your mug shot will likely be taken. The cops might also search your belongings and confiscate your personal belongings, especially if you have any contraband on you. Most states have zero-tolerance laws that prohibit drivers who are younger than 21 years old to drive with even a small amount of alcohol in their system.
Zero-tolerance offenses typically don't carry jail time but will result in license suspension and fines. In addition to legal penalties, the driver's insurance company may cancel the insurance policy or drastically increase the rates because of a DUI conviction. And a DUI conviction stays on a person's driving record for many years. Also, certain jobs may be closed to those who've been convicted of a DUI, such as driving a school bus, delivery van, or any other vehicle as part of their employment.
Finally, the driver may face a separate civil lawsuit if accident victims decide to sue for property damages or bodily injuries. To find out what the fines, jail time, and other penalties for a drunk driving conviction are in your state, choose from the list below:. If you need to find a lawyer, use the tool below to help you find the right attorney.
The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Grow Your Legal Practice. Meet the Editors. Fines DUI convictions almost always result in fines. Driver's License Problems A DUI or DWI offender stands a good chance of having his or her license suspended for a substantial period of time either by court order or mandate of the state motor vehicles department.
Alternative Forms of Punishment In a number of states, alternative sentencing options are available to certain offenders such as substance abuse education and prevention programs, treatment for substance abuse, and community service.
Young Offenders A minor who's convicted of driving while under the influence of alcohol or drugs might face somewhat different penalties than convicted adults. Other Consequences In addition to legal penalties, the driver's insurance company may cancel the insurance policy or drastically increase the rates because of a DUI conviction. Florida Georgia Hawaii Idaho.
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