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DUI
This newsletter is intended to answer
some basic questions regarding DUI cases. For more
information and a more complete explanation of your rights,
please call Kililis, Ridings & Vonau, P.C., for a
free telephone or office consultation.
1. CRIMINAL CHARGE:
- DUI is usually charged as a
Class A misdemeanor, which carries
a penalty of up to 364 days in the county jail
and/or a fine up to $2,500. However, DUI can also be
charged as a felony.*
You can be charged with multiple DUI’s at
the same time (in fact, most people usually
face 2 DUI tickets from the same incident). That is
because under Illinois law there are multiple
theories of DUI:
- A. Driving Under the Influence: the State must
prove that you were driving or in control of
a car, intoxicated, without due care.
- B. Driving Over the Legal Limit: the State must
prove that you were driving or in control of
a car with your blood alcohol level more than 0.08.
- C. Driving Under the Influence of Drugs.
- D. Driving Under the Combined Influence of Drugs
and Alcohol.*
2. SUMMARY SUSPENSION:
As a general rule, your driver’s license
will be suspended on the 46th day following
your arrest for DUI:
-
A. If you are a
first time DUI offender your
license will be suspended for:
- Six months if your
alcohol concentration was more than 0.08
-
B. If you are a
second time DUI
offender your license will be suspended
for:
- 1 year if your alcohol concentration
was more than 0.08.
-
C. You are entitled to a
hearing
to challenge the summary suspension of
your driving privileges before a judge,
but you must file a written petition
within 90 days from receipt of
notice of suspension or you lose your
rights.
*Important restrictions and conditions apply. Please call for complete details. |
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