Chicago DUI Attorney
Aggressive Defense Against DUI Charges in IllinoisÂ
If you have been arrested for driving under the influence (DUI) in Illinois, it is critical that you obtain the services of an experienced DUI attorney. The consequences of a DUI conviction can be severe and long-lasting, potentially affecting your ability to find employment, obtain housing, obtain a loan, and even obtain an occupational license to pursue your chosen career. Even after serving a jail sentence and paying numerous fines, you may still be required to install an ignition interlock device (IID) in your vehicle, severely limiting your ability to drive.
At the De Silva Law Offices, we understand how serious a DUI charge is. We also understand how to defend against these charges and the weaknesses of the prosecution's case. We are dedicated to providing clients with the personalized and professional attention they need to help them through this difficult time. We will work relentlessly to help you avoid the penalties of a DUI conviction and get your charges reduced or dismissed.
The state of Illinois takes DUI offenses very seriously. If you have been arrested for DUI, do not speak to law enforcement, do not take any sobriety tests, and do not take any chemical tests without first consulting with an attorney. Doing so can have serious consequences.
Schedule your consultation with our Chicago DUI attorney by calling (312) 500-8424 or filling out our online form.
Understanding DUI Penalties in Illinois
A first DUI offense in Illinois can be charged as a misdemeanor or a felony. The potential penalties will depend on the severity of the offense, the number of prior convictions, and whether there were injuries or fatalities involved.
Penalties for a misdemeanor DUI include:
- Jail time of up to 365 days
- Fines of up to $2,500
- License suspension of up to 6 months
- IID installation
Penalties for a felony DUI include:
- Jail time of up to 14 years
- Fines of up to $25,000
- Mandatory IID installation
- Vehicle impoundment
- License suspension of up to 10 years
A DUI conviction will also result in an increased insurance premium, which can make it difficult to obtain insurance in the future. In addition, a DUI conviction can have an impact on future employment opportunities. It can also be difficult to obtain housing and loans, as some landlords and lenders will refuse to rent to or loan money to individuals with a DUI conviction.
Illinois DUI Laws
In Illinois, a DUI is defined as operating a vehicle while under the influence of alcohol, drugs, or a combination of the two. The state of Illinois presumes that a driver is under the influence if their blood alcohol concentration (BAC) is .08% or higher. If a driver refuses to take a chemical test, this can be used as evidence against them.
In addition to the state's definition of a DUI, the state of Illinois has specific laws regarding the use of sobriety tests. For example, an officer cannot require a driver to take a field sobriety test unless they have been lawfully arrested. The state of Illinois also has laws regarding the use of chemical tests. For example, a driver can be required to take a chemical test if their BAC is .16% or higher. However, a driver can choose to take a chemical test even if their BAC is lower than .16%.
What Are the Penalties for Refusing a Chemical Test in Illinois?
In Illinois, a driver who refuses to take a chemical test can be charged with a Class A misdemeanor. The penalties for a Class A misdemeanor in Illinois include jail time of up to one year and fines of up to $2,500. In addition, the state of Illinois will suspend the driver's license for one year. The state will also require the driver to install an IID for one year.
In addition to the state's penalties, a driver who refuses to take a chemical test can be sued by a third party who was injured by the driver. For example, if a driver was involved in a car accident, they can be sued by the driver of the other vehicle if they refuse to take a chemical test. The driver who was injured by the driver who refused to take a chemical test can sue for damages. The state of Illinois recognizes that a driver who refuses to take a chemical test is more likely to have caused the car accident.
How Does Illinois Define Driving Under the Influence?
In Illinois, the state presumes that a driver is under the influence if their blood alcohol concentration (BAC) is .08% or higher. If a driver refuses to take a chemical test, this can be used as evidence against them.
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Specialization
Specialization in the law governing the trading markets, combined with an industry insider’s understanding equal unparalleled expertise.
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Strategic PartnershipR Tamara de Silva has strategic partnerships with some of the best criminal defense attorneys in the country, summoning over 100 years of combined litigation experience.
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Proven Track RecordLead counsel on the first class action involving market manipulation and spoofing in the futures markets under Dodd-Frank.
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ExperienceWith a robust professional journey spanning over two decades, R Tamara de Silva has fostered an extensive repertoire of legal insights, finely honed strategies, and a profound understanding of intricate legal nuances.