An Illinois DUI / DWI arrest can have serious or even life-changing consequences, so it’s important to have a skilled attorney fighting for the driver’s rights. The expert attorneys at 1.800.NOT.DRUNK and www.NotDrunk.com will craft a proven defense strategy designed to minimize or eliminate the negative repercussions of an Illinois drunk driving arrest.

DUI / DWI arrests in Illinois trigger two separate cases – in court, and at the Department of Motor Vehicles. The court case can bring jail, fines, a suspended driver's license, required alcohol education classes, and more.

First-time or second-time DUI / DWIs are typically charged as misdemeanors in Illinois. Third-time DUIs, or drunk drivers who cause great bodily harm will be charged with felonies.

A first offender can receive court supervision, only once, which will not be viewed as a conviction. The criminal case is dismissed after successful completion of court supervision, but can't be expunged from the public record.

Motorists convicted of DUI / DWI in Illinois face criminal penalties of up to 364 days in jail, a fine of up to $2,500 and mandatory revocation of the driver's license.

The driver's license and driving privileges will be revoked for a minimum of one year for the first offense, five years for a second offense committed within a 20-year period, and 10 years for a third or subsequent offense.

A driving under the influence arrest in Illinois will also trigger an administrative driver's license suspension at the DMV that can only be fought if there is a timely request for a hearing. Like a DUI / DWI court case, a DMV administrative action can be fought and won, but only with the help of an experienced lawyer. A skilled attorney will challenge the evidence presented by the DMV and work hard to retain the driver’s license.

Any driver whose chemical test results reveal a blood alcohol concentration (BAC) of .08 percent or greater, or who refuses a chemical test, will lose his or her driving privileges 46 days after the arrest as the result of an action automatically taken by the Secretary of State. Before the suspension starts, the driver may request a court hearing, which will stop the suspension. The driver also may be eligible for a judicial driving permit license for work or medical reasons.

A first-offense DUI / DWI driver who submitted to a chemical test faces a three-month suspension. A first-time drunk driver who refused a chemical test faces a six-month suspension. Multiple offenders who submitted to chemical testing face a one-year suspension. Those with prior convictions who refused a chemical test face a two-year driver’s license suspension.

Prosecutors use several types of evidence in an Illinois DUI / DWI prosecution.

The arresting officer will be called upon to testify about the driver’s behavior and appearance. He or she also will be called to testify about the driver’s performance on field sobriety tests (FST's). The prosecutor will introduce evidence of chemical testing of breath, urine or blood. Keep in mind that although persons arrested for drunk driving in IL do not have the right to choose the type of chemical test they take after DUI / DWI arrest.

Although the evidence in an Illinois drunk driving may seem compelling, it is far from infallible. Field sobriety tests and chemical tests are often found to be inaccurate. There are many things that can affect the results of these tests. For example, the driver may have an injury that affects your ability to complete the FST’s. The driver may have been tired or nervous. If the motorist smoked a cigarette, or belched shortly before taking a breath test, the results can be inaccurate.

Drunk driving charges can be successfully challenged, but only with a skilled attorney at the driver’s side. That’s why finding a skilled DUI / DWI attorney who knows and understands Illinois drunk driving laws is so important Understanding the types of errors that are common, and investigating all the potential problems, is the first step in a successful defense to a DUI, DWI, or drunk driving case.

DISCLAIMER: No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.