
FREQUENTLY ASKED QUESTIONS
Why should I hire an Attorney to represent me in a Criminal Case?
No one can predict the outcome of a legal case. That decision will be made by a judge or jury after hearing all of the admissible facts in light of the relevant law. Keep in mind, however, what the prosecution has that you don’t – experienced attorneys specializing in Criminal Cases on its payroll; officers and breath analysis technicians in case of a DUI matter who have been trained as professional witnesses; a legislature that passes laws designed to make it tougher on you every step of the way; and plenty of funding to see to it that you are convicted. The only way you can begin to balance the odds is to hire an attorney who knows Illinois’ complex Criminal laws, understands your defenses, and who is willing to fight on your behalf.
What are the penalties for DUI?
If you are charged with misdemeanor DUI and have never been found guilty of a DUI before, or have had a DUI reduced to reckless driving, then you are eligible for court supervision. A sentence of court supervision does not appear on your public driving record, nor does it affect your driving privileges. If you do not receive court supervision, and are instead convicted of a DUI, then your driver’s license will be revoked.
What is Statutory Summary Suspension?
If you are charged with misdemeanor DUI and have never been found guilty of a DUI before, or have had a DUI reduced to reckless driving, then you are eligible for court supervision. A sentence of court supervision does not appear on your public driving record, nor does it affect your driving privileges. If you do not receive court supervision, and are instead convicted of a DUI, then your driver’s license will be revoked.
Depending on your driving background and the facts of your case, you may be facing jail or penitentiary time, community service, forfeiture of your vehicle, and alcohol/substance abuse treatment. Depending upon your driving history and the facts of your case, your case may be upgraded from a misdemeanor DUI to a felony charge of aggravated DUI. This can occur even on a first offense DUI if at the time of the arrest you did not have a valid driver’s license, or you knew or should have known that the vehicle was not insured.
Your case can also be upgraded to a felony charge if you have been alleged to have committed a DUI while your license was suspended or revoked because of a previous DUI; you have committed two or more previous DUIs; or there were serious or fatal injuries. A felony DUI can result in a lengthy prison sentence.
I have a Commercial Driver’s License (CDL). What will happen to me if I am arrested for a DUI?
- If you are arrested for DUI while driving a non-commercial vehicle and refuse to take a breath test, you will receive a one-year disqualification of your CDL if it is your first DUI.
- If you are arrested for DUI while driving a non-commercial vehicle and are found guilty, you will receive a one-year disqualification for a first offense, even if you received court supervision.
- If you are found guilty of a second offense of DUI, you will receive a lifetime disqualification of your CDL
What is the difference between a suspension and a revocation of a Driver’s License?
A DUI suspension is set for a definite time — Six months, one year or three years. At the end of the suspension, your license can be reinstated simply by paying a reinstatement fee, so long as in the interim you have not been convicted for driving during your DUI suspension or had another suspension or revocation placed on your driving record.
A revocation is indefinite — it has no automatic reinstatement date. This means that you will remain revoked until after the Secretary of State has determined that you are now responsible enough to have a driver’s license and that you won’t endanger the public.
The reinstatement hearing process can be long and arduous.
If you have already been revoked, contact us immediately.
What if I drive while suspended or revoked?
What is the Reinstatement of the Driver’s License Process?
Our practice areas: Personal Injury; Traffic Violations; Criminal Defense; Medical Mistakes