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Illinois DUI FAQs

Posted by Dominick R. Dolci | Apr 04, 2019 | 0 Comments

When we sit down with potential clients to discuss their Illinois or DuPage County DUI cases, we often are asked the same questions, and with good reason. Although each DUI case is different, most individuals facing a serious DUI charge will have similar concerns and anxieties regarding their future. 

Below, we have compiled a number of questions you may have about DUI charges in Illinois, as well as our answers. In addition, if you are facing a DUI case and have more questions and concerns, we are here to help. Contact our law office at (630) 261-9098 to schedule a free legal consultation or to speak with an experienced DUI defense attorney.

What are the Penalties of an Illinois DUI Conviction?

In the state of Illinois, a DUI conviction results in both criminal penalties and administrative penalties. The most common penalties for a DUI include fines, jail times, and driver's license suspension or revocation.

For a comprehensive overview of Illinois DUI laws and penalties, please refer to our pages on Illinois DUIs.

What is an Illinois Statutory Summary Suspension?

A statutory summary suspension is the main administrative penalty of a DUI. It is a license suspension carried out on your Illinois driver's license by the Office of the Secretary of State. The rules governing Illinois statutory summary suspensions are complex. Essentially, though, your driver's license can be subject to summary suspension if you fail chemical testing after a DUI arrest, or refuse to comply with chemical testing.

We explain Illinois summary suspension policies in detail in our article here

When Will My License Become Suspended in an Illinois DUI?  

In most Illinois DUI cases, your license will be effectively suspended beginning on the 46th day from the initial arrest. This suspension, legally called a statutory summary suspension, will make it illegal for you to operate a motor vehicle starting from the 46th day of your DUI arrest.

Who Will Prosecute My Illinois DUI Case?

That will depend on whether your DUI is a state charge or city charge. Different DUI offenses and circumstances can impact who will ultimately prosecute your case. Typically, more serious DUIs are tried by a State's Attorney, while some DUIs fall under municipal jurisdiction and are tried by a local prosecutor.

Can I Go to Jail for a DUI?

Mandatory jail time is certainly possible for DUI convictions. However, it is often the case that there are alternative options to jail time, especially for first-time offenses.

How Will A DUI Conviction Affect My Insurance?

Yes. If you have been convicted of a DUI, you may be labeled as a ‘high risk' driver. This label can lead to higher auto insurances rates. In some instances, this can even prevent you from renewing your current policy and force you to find a more expensive insurance plan. You may read more about the cost of insurance and other costs of a DUI conviction in our article on The Cost of a First Offense DUI.

What Are The Consequences of an Underage DUI in Illinois?

The state of Illinois treats underage DUIs very seriously. In fact, Illinois had a zero tolerance policy for underage DUIs. If you are convicted of an Underage DUI in Illinois, you face standard criminal penalties, and your license will undergo a mandatory 2-year suspension with no chance of reinstatement in the first year.

In fact, even in cases where you don't get convicted of a DUI, your license will still undergo a 3-month suspension if your chemical tests indicate that there was any trace of alcohol in your system.

About the Author

Dominick R. Dolci

Managing Partner Dominick R. Dolci focuses his practice on criminal defense litigation and civil litigation. Dom graduated from John Marshall law school in 1990. He began his legal training in the Cook County States Attorneys Office where he worked at 26th and California. He then transferred ...


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