The majority of people have no idea what to do after being charged with a DUI. Every person arrested for DUI in Illinois has two cases: criminal charges (the DUI and other tickets you received) and license suspension. You are innocent unless proven guilty of court charges, and they will not appear on the record until the case is resolved, whether you are deemed guilty or not.
However, your driver’s license will be revoked automatically 46 days after your conviction in Illinois. You have the right to a hearing to contest the suspension, and you do have a certain amount of time to do so. That’s when you need an attorney from a reputed firm like www.criminallawyer-chicago.com to file a lawsuit to appeal your suspension straight away, which might work in your favor because it starts the clock ticking. The more you wait to file this petition, the more likely you are to be suspended.
What Happens After You Are Arrested For DUI?
Illinois passed new rules a few years ago that made it one of the most challenging states when it comes to DUI prosecutions. Most DUI cases result in a Statutory Summary Revocation and impoundment of the vehicle that the individual charged for DUI was driving. With judicial fines, compliance charges, and attorneys’ fees, it’s also a costly process. However, the best Chicago DUI lawyer will assist you with navigating the legal system.
The First And Second DUI
The first and probably second DUI in Illinois is usually prosecuted as a misdemeanor. If a person has been guilty of three or more DUIs in their driving history, the conviction will be upgraded to felony DUI. A misdemeanor DUI may be elevated to a felony DUI based on several considerations, including:
- While under the influence, the driver was involved in an accident that resulted in a death or severe injury;
- At the time of the arrested for DUI, the driver didn’t have a valid driver’s license.
- The driver was driving while under the influence with a child in the vehicle (under the age of 16), and the child was injured in an accident, or the driver was driving a school bus while under the influence.
The First DUI Can Be Serious!
Because of the changes made in 2009, even a first-time DUI prosecution will result in severe consequences. A Class A misdemeanor has a potential sentence of $2,500.00 in fines and up to one year in prison.
However, because they are involved in a collision while under the influence, most first-time criminals will not go to jail. Judicial probation is a choice that can be taken because of a felony conviction. A second or third arrest for DUI would not be eligible for court supervision. And this DUI may be classified as a Class 2 or Class 4 crime, punishable by up to seven years in jail.
Defending Your Arrest
There are several defenses for individuals charged with DUI, but they also come with much expenditure. It can cost more to retain an attorney. But, the best DUI attorney in Chicago can make an enormous difference in the case’s result and long-term implications.
The initial bail may be required, which can vary from a few hundred to thousands of dollars, based on the arrested for DUI situation. While the bulk of this will be repaid at the end of the trial, some specific court-imposed penalties and expenses are non-refundable. Your vehicle was most likely confiscated due to the DUI detention, and recovering it would cost a few hundred bucks, which will rise if the vehicle is not retrieved quickly.
Following an arrested for DUI in Illinois, a driver would be required to attend courses on the damage DUIs cause and counseling. It’s even possible that you’ll be tested for drugs and alcohol. There are administrative charges and the expenses of the required filings and trials to get your license returned. When the suspension is lifted, you will not be forced to purchase an ignition interlock system, saving you money because the device will cost $70 to $100 a month to rent. The needed calibration and repair incur additional costs.