Illinois DUI Law - Camic, Johnson, Wilson & McCulloch, P.C.

Generally your driver's license will be suspended on the 46th day following you arrest for DUI. This period can change if the police take your blood. The suspension is then entered after notification of the results of the blood test. As noted in the officer's Warning to Motorist, a first offender who takes the breath test and fails will be suspended for 3 months. A first offender who refuses to take the breath test will be suspended for 6 months. The time of suspension goes up if you are not a first offender. A first offender is determined by Section 11-501 of the Illinois Vehicle Code. A first offender, for purposes of a Statutory Summary Suspension, refers to a person who has not had a previous conviction or court assigned supervision for DUI within the 5 years prior to the date of the current offense.

What is confusing is that a person who had a DUI over 5 years ago will be considered a "first offender" for purposes of the Implied Consent Statute in Section 11-500 of the vehicle code, but will not be eligible for court supervision on the DUI charge.

The statutory summary suspension can be contested by the filing of a petition in the Circuit Court. This petition must be heard within 30 days of the request for the hearing. The issues that can be contested in that petition are limited by law.

A conviction for DUI may result in a jail sentence of up to 1 year and fines of up to $2,500.00. Additionally, a conviction will automatically revoke your driver's license for at least 1 year. A person who has never before been arrested for a DUI has a very good chance of obtaining a disposition of "court supervision." " Court Supervision" is a conditional sentence which disposes of the case without a judgment being entered which revokes your drivers license. The sentence generally requires completion of alcohol classes which are determined by an alcohol evaluation.

An alcohol evaluation is required before a person can be sentenced on a DUI case. The evaluation must be performed by a State licensed evaluator. The recommendation of the evaluation is based upon a number of factors mandated by the regulations provided by the Department of Alcoholism and Substance Abuse.

A DUI case is a criminal case. A criminal case requires an experienced criminal lawyer. This site is hosted by the law firm of Camic, Johnson, Wilson & McCulloch, P.C. By clicking the box below you can be linked to the web site of Camic, Johnson, Wilson & McCulloch, P.C.