The Law Offices of Stephen Simonian of Waukegan, IL provides the best legal defense for clients in Waukegan, IL and surrounding communities. Attorney Steve Simonian, former assistant state attorney, fights hard to win the best resolution for his clients. Whether you are charged with a serious felony or DUI, the Law Offices of Stephen Simonian will use their expertise in the courtroom to fight for your rights.
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DUI Arrests in Illinois
Being arrested for a DUI in Illinois sparks two different cases, one on the court system and an administrative driver's license suspension that starts automatically, unless appealed. In order to appeal for a DMV hearing, you need to file a request quickly after your arrest. Having a qualified lawyer help you with this appeal will ensure it is received in time and that all of the necessary paperwork is filled in correctly. If you try to do this yourself, you are risking making a serious mistake and losing your license without the chance for appeal. Also, at some point during or after your arrest, you will be asked to submit to a chemical test. You have the right to refuse, but doing so will bring stricter consequences when you go to trail for your crime.
DUI Laws
Driving under the influence (DUI) is a serious offense that is classified in Illinois as a violent crime. If you are convicted of DUI, the offense will permanently remain on your driving record. If you are arrested and/or convicted, you may lose your driving privileges and vehicle registration, and be fined and/or imprisoned. Repeat arrests or convictions may result in greater penalties.
Arrest and conviction for DUI can be embarrassing, costly and inconvenient. If arrested, you will be taken to a police station or county jail and held there until bond is posted. Your car may be impounded (towed) and possibly forfeited.
Implied Consent Law
When driving on Illinois roadways, you automatically consent to
submit to certain tests. These can include breath, blood and/or
urine tests to determine if you were drinking or using any other
drug or intoxicating compound before or while driving. A doctor or
registered nurse must perform the blood test. You may have a
qualified person of your own choosing administer more tests at your
own expense.
Statutory Summary Suspension Law
If you are arrested for driving with a BAC of .08 percent or more
and/or any impairing drug in your system, your driving privileges
will be suspended for six months. If you refuse to submit to
testing, your driving privileges will be suspended for one year. If
you are a second offender within a five-year period, your privileges
will be suspended for one year if you fail the test or three years
if you refuse to test. A test refusal may be used as evidence
against you in the DUI court case. At the time of arrest, the
officer will take your license and, if valid, provide you with a
temporary receipt allowing you to drive for 45 days. Your suspension
begins on the 46th day from the notice date and will not be
terminated until you pay the reinstatement fee and your record is
updated.
DUI Conviction
In addition to a statutory summary suspension, you may be convicted
of driving under the influence of alcohol, other drugs and/or
intoxicating compounds. The first DUI conviction will result in the
loss of your license for a minimum of one year. You also may be
fined up to $2,500 and given a jail sentence of up to one year. If
you are convicted of a second DUI offense within 20 years, you will
lose your license for a minimum of five years. In addition to other
fines and penalties, you will be sentenced to five days in jail or
30 days of community service. You also may be fined up to $2,500 and
given a jail sentence of up to one year. A third conviction, which
is a Class 2 felony, will result in the loss of your license for a
minimum of 10 years, a possible 3-7 years imprisonment and fines of
up to $25,000. A fourth or subsequent conviction will result in the
loss of your license for life. A fifth DUI conviction is a Class 1
felony with possible imprisonment of 4-15 years and fines of up to
$25,000. A sixth or subsequent DUI conviction is a Class X felony
resulting in possible imprisonment of 6-30 years and fines of up to
$25,000.
A person convicted of DUI with a BAC of .16 percent or more, or DUI while transporting a child under age 16, is subject to enhanced penalties, including additional fines, community service and jail time.
A DUI conviction also subjects you to filing Financial Responsibility Insurance (SR22) for three years. Before your driving privileges are restored, you must undergo an alcohol/drug evaluation and successfully complete a rehabilitation or alcohol/drug education program and/or meet other requirements.
If an Illinois resident is convicted of DUI in another state, the conviction will be reported to the Illinois Secretary of State’s office and be reflected on the person’s driving record. The offender will face administrative action against his/her driving privileges the same as if he/she were arrested for DUI in Illinois.
Breath Alcohol Ignition Interlock Device
(BAIID)
Any Illinois driver who is a first-time DUI offender and wishes to
obtain and is eligible for driving relief during the statutory
summary suspension period is required to have a Breath Alcohol
Ignition Interlock Device (BAIID) installed on his/her vehicle.
To qualify for driving relief and issuance of a BAIID, the first-time DUI offender must obtain a court order for a Monitoring Device Driving Permit (MDDP) or the Secretary of State must grant a Restricted Driving Permit (RDP). A BAIID must be installed on the driver’s vehicle(s) at an approved installation site as a condition of driving relief. A DUI offender is responsible for all costs associated with issuance of a permit and installation and monitoring of the BAIID.
An MDDP or RDP and installation of a BAIID allow an offender to drive as long as he/she is driving a vehicle installed with a BAIID. For more information on the MDDP and RDP,as outlined in the Special Permits section of Chapter 1.
The Secretary of State’s office monitors and reads the BAIID throughout the duration of the permit.The BAIID will alert the Secretary of State’s office if the driver attempts any incidents of driving under the influence or tampers with the device.
A DUI offender may choose not to petition for an MDDP or an RDP, and instead choose to refrain from driving during the suspension period. However, a DUI offender who chooses not to participate in the program and is subsequently caught driving a vehicle during the suspension period is guilty of a Class 4 felony. Penalties include possible imprisonment of 1-3 years, a minimum of 30 days in jail or 300 hours of community service, and fines of up to $25,000.
A person who has two or three DUI convictions but has never requested or been granted an Illinois Restricted Driving Permit must install a BAIID on all vehicles registered in his/her name for a full reinstatement of their driving privileges.
Illegal Transportation of an Alcoholic
Beverage Open Container
It is illegal for anyone to drink alcoholic beverages in a vehicle.
Both driver and passengers may be issued a traffic citation.
Passengers on chartered buses used for non-school purposes, motor
homes, mini motor homes and limousines are exempt. It is illegal to
have alcohol in the passenger area of a vehicle if the container has
been opened. If there is a second offense within one year, your
driver’s license will be suspended for one year. Any driver under
age 21 also faces the loss of driving privileges for one year for
the first conviction and revocation of driving privileges for a
subsequent conviction while under age 21.
Aggravated DUI
You may be charged with Aggravated DUI if you are involved in a
death or personal injury crash while driving under the influence;
have received a third or subsequent DUI; committed DUI while driving
a school bus with children; committed DUI without a valid driver’s
license, permit or vehicle insurance; or received a DUI after a
previous history of reckless homicide or Aggravated DUI involving a
death. This is a Class 4 felony punishable by a possible 1-3 years
imprisonment (1-12 years if a personal injury was involved), UNLESS
the DUI is a third or fourth conviction, which is a Class 2 felony
(3-7 years imprisonment); a fifth conviction, which is a Class 1
felony (4-15 years imprisonment); a sixth or subsequent conviction,
which is a Class X felony (6-30 years imprisonment); a DUI committed
after a prior reckless homicide DUI or aggravated DUI involving a
death (regardless of vehicle, boat, snowmobile, etc.), which is a
Class 3 felony (2-5 years imprisonment); OR the DUI involves a
death, which is a Class 2 felony with 3-14 years imprisonment (if
multiple deaths, 6-28 years). All felony fines are up to $25,000.
Driving on a Suspended or Revoked License
(for DUI, Reckless Homicide, or Leaving the Scene of a Fatal or
Personal Injury Accident)
If you are convicted of driving while your license is revoked or
suspended for the above offenses, the suspension or revocation
period will be extended and your vehicle is subject to seizure and
forfeiture. A first conviction is a Class A misdemeanor with
possible imprisonment of up to 1 year and a $2,500 fine. Subsequent
convictions range from a Class 4 felony with possible 1-3 years
imprisonment to a Class 2 felony with possible imprisonment of 3-7
years and a $25,000 fine. A Class 2 felon may not apply for a
driver’s license or any type of permit for five years from the date
of revocation or five years from the date of their release from
prison, whichever is longer. For a third or subsequent violation,
the driver will receive a lifetime revocation of his/her driving
privileges.
An Illinois driver whose driving privileges have been suspended or revoked due to a conviction for DUI, reckless homicide or leaving the scene of a fatal or personal injury crash is not allowed to drive a motor vehicle in ANY state. If a suspended or revoked driver is arrested for driving on a suspended or revoked license in another state, that arrest will be reported to the Secretary of State’s office and the driver will be charged with a Class 4 felony with a possible 1-3 years imprisonment and a $25,000 fine.
Allowing Someone Else Under the Influence to
Drive Your Vehicle
It is illegal to allow someone to drive your vehicle if you know
that person is under the influence. If convicted, you may be fined
up to $2,500 and given a jail sentence of up to one year.
Providing Alcohol to a Person Under Age 21
If you are convicted of providing alcohol to a person under age 21,
you may be fined up to $2,500 and given a jail sentence of up to one
year, and/or your driving privileges may be suspended under the
Illinois Liquor Control Act.
Illinois DUI laws are constantly changing. For the most up-to-date information, check the Driving Under the Influence section.
Driver's License Reinstatement
| Revocation for DUI or Statutory Summary Suspension | |
| 1st Suspension | $250 |
| 2nd or subsequent Suspension | $500 |
| 1st Revocation | $500 |
| 2nd or subsequent Revocation | $500 |
| Other Suspension (except Statutory Summary Suspension and Mandatory Insurance Conviction Suspension) | $70 |
| Other Revocation (except DUI) | $500 |
| Discretionary Suspension (resulting from court convictions or other sufficient evidence) | $70 |
| Failure to Appear Suspension | $70 |
| Family Responsibility Suspension | $70 |
| Parking Suspension | $70 |
| Safety Responsibility Suspension (Uninsured Crash) | $70 |
| Tollway Suspension | $70 |
| Unsatisfied Judgment Suspension | $70 |
| Zero Tolerance Suspension | $70 |
| 1 Statutory Summary Suspension | $250 |
| 2 or more Statutory Summary Suspensions | $500 |
| Any Revocation | $500 |
| Mandatory Insurance Conviction Suspension | $100 |
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