Aggressive DuPage DUI Lawyer

If you have been arrested and charged with a DuPage DUI, the decisions you make in the next 24 hours are crucial.

If you need a DUI lawyer in DuPage County, the smartest decision you can make is hiring a lawyer who knows how the state tries its DUI cases. At Dolci and Weiland, our DUI lawyers are former DuPage County DUI Prosecutors who have prosecuted thousands of DUI cases. This experience allows us to advise you from every perspective. We understand the complexities of these cases as well as when to challenge police misconduct, such as an unjustified traffic stop or illegal arrest. This ability to exploit potential weaknesses in the opposing side’s case is one of many things that makes us so successful in defending DuPage DUI cases.

Illinois DUI Laws / FAQs

Pursuant to IL DUI laws, driving under the influence is a serious criminal offense and carries significant penalties including jail time, and/or loss of your driving privileges. Upon conviction of DUI, even if you are granted supervision, the DUI offense will permanently remain on your driving record. Multiple arrests or convictions will result in greater penalties and imprisonment.

A DUI also subjects you to high-risk auto insurance rates for at least three years. Before your driving privileges are restored, you must undergo an alcohol and drug evaluation and successfully complete a rehabilitation or alcohol and drug education program and/or meet other requirements. If you have been charged with DUI in DuPage County, you should seek the counsel of an DuPage DUI Lawyer.

What is Driving Under the Influence in DuPage County?

“Driving under the influence” is defined as operating a motor vehicle while impaired by alcohol, other drugs including cannabis (marijuana), or intoxicating compounds and methamphetamine. In Illinois, a driver is legally considered to be under the influence if he/she has a blood-alcohol content (BAC) of .08 or more, has used any illegal substance, or is impaired by medical marijuana.

Illinois Implied Consent Law and Illinois Statutory Summary Suspension DUI Laws

By the mere fact that you are driving on Illinois roadways, you are subject to Illinois and DuPage County DUI laws and automatically consent to submit to certain tests following a stop or arrest for DUI. The tests you may be asked to perform include breathalyzer tests and blood tests, which indicate the levels of intoxicating substances in your system.

If you are pulled over and arrested for DUI in DuPage County, you should immediately contact a Top DuPage DUI Lawyer.

Under Illinois and DuPage County DUI law, if you are arrested for DUI with a BAC of .08 or higher, your driving privileges will be suspended, unless your attorney can challenge the stop or is successful during a summary suspension hearing (we have a very high success rate in SS hearings).

The penalty for 1st time refusal of these tests is a six month suspension of driving privileges. With each additional offense (refusal to submit to testing) the drivers license suspension period becomes long and your driving privileges could ultimately be revoked.

DuPage DUI Penalties

First DuPage DUI Offense

In DuPage County, Illinois, the first DUI conviction is a Class A Misdemeanor and, in addition to Statutory Summary Suspension, your driving privileges will be revoked for a minimum of 1 year. If, at the time of your first DUI, you are under the age of 21, your driving privileges will be revoked for a minimum of 2 years.

If the court find you to have a BAC of .16 or higher, your sentence will include a mandatory minimum fine of $500 and mandatory community service hours not to be less than 100 hours. If your first DUI occurred while transporting a child under the age of 16 you will face additional penalties including up to 6 months in a state correctional facility, a mandatory minimum fine of $1,000 and 25 days of community service. If a child under the age of 16 was injured in an accident resulting from your DUI, you will face charges for aggravated DUI, which is a Class 4 Felony punishable by a term of imprisonment and not be less than one year and not to exceed 3 year plus a mandatory minimum fine of $2,500 and 25 days community service.

Second DuPage DUI Offense

A second DUI conviction in DuPage County is a Class A Misdemeanor punishable by a mandatory minimum of 5 days jail time or 240 community service hours and suspension of vehicle registration. If convicted of a second DUI offense within 20 years, your drivers license will be suspended for a minimum of five years. If the second DUI offense occurs within five years, in addition to other fines and penalties, you will be sentenced to five days in jail or 30 days of community service. You may also be fined up to $2,500 and given a jail sentence of up to one year.

If your BAC is .16 or higher, the mandatory jail time increases by 2 days and a mandatory fine of $1,250. If the DUI offense involved transporting a child under the age of 16 you face charges for aggravated DUI, which is a Class 4 Felony punishable by a minimum of 1 year in State Correctional Facility, but not to exceed 3 years. If a child under the age of 16 is injured in any crash resulting from your DUI, you will face a Class 2 Felony punishable by a term of imprisonment no less than 3 years and no more than 7 years, and a mandatory minimum fine of $2,500 and 25 days of community service.

Third DuPage DUI Offense

In DuPage County, Illinois, a third DUI conviction is charged as an aggravated DUI and a Class 4 Felony, which will result in the loss of your drivers license for a minimum of 10 years, a possible sentence of 1 to 3 years in State Correctional Facility, and fines up to $25,000. If, during your third DUI, your BAC is .16 or higher, you face additional penalties including a mandatory sentence of 90 days in a State Correctional Facility and minimum fine of $2,500.

If the third DUI offense is committed while transporting a child under the age of 16, the additional penalties include a mandatory minimum fine of $25,000 and 25 days of community service.

Fourth DuPage DUI Offense

A fourth DUI conviction in DuPage county is charged as aggravated DUI and a Class 2 Felony punishable by a sentence of no less than 3 years in a State Correctional Facility (no more than 7 years), revocation of driving privileges for LIFE with no available relief and suspension of vehicle registration.

If the fourth DUI offense is committed with a BAC of .16 or higher, in addition to the other penalties, there is a mandatory minimum fine of $5,000. If the fourth DUI offense is committed while transporting a child under the age of 16 there is an additional mandatory fine of $25,000 and 25 days of community service.

Fifth DuPage DUI Offense

A fifth DUI conviction in DuPage County is charges as aggravated DUI and a Class 1 Felony punishable by a term of imprisonment no less than 4 years and no more than 15 years, plus revocation of driving privileges for LIFE with no relief and suspension of the vehicle’s registration.

If the fifth DUI offense is committed with a BAC of .16 or higher, additional penalties include a mandatory minimum fine of $5,000. If the fifth DUI is committed while transporting a child under the age of 16, in addition to the other penalties, there is a mandatory fine of $25,000 and 25 days of community service.

Sixth or Subsequent DuPage DUI Offense

In DuPage County, Illinois, a sixth or subsequent DUI conviction is charged as an aggravated DUI and a Class X Felony punishable by a mandatory sentence of 6 years in a State Correctional Facility, but no more than 60 years, and revocation of driving privileges for LIFE with no relief and suspension of vehicle registration.

If the sixth or subsequent DUI offense is committed with a BAC of .16 or higher, the mandatory minimum fine is an additional $5,000. If committed while transporting a child under the age of 16, in addition to the other penalties is a mandatory fine of $25,000 and 25 days of community service.

DuPage DUI Monitoring Device Driving Permit

Under DuPage, Illinois DUI law, the Monitoring Device Driving Permit (MDDP) law requires the DUI offender to pay the Secretary of State an administrative fee of $30.00 per month. The entire number of months the DUI offender is required to use the MDDP must be paid up front. If convicted of DUI in DuPage County and required to utilize the MDDP, you must take your vehicle to a certified BAIID installer. Since certified BAIID installers are private companies, there will be an additional installation fee (approximately $85-150 paid to the vendor). The Illinois Secretary of State provides a list of BAIID installation vendors, which you can access online here.

MDDP Program BAIID Monitoring Process

Upon installation, the BAIID software notifies the Secretary of State of installation. If the BAIID device does not complete the initial upload of information to the Secretary of State, the MDDP is eventually canceled.

Throughout the MDDP program, you are required to bring your vehicle to the installer every 30 days for readings of the BAIID device. The BAIID company sends a report to the Illinois Secretary of State every month, and the SOS computer looks for violations. There is a specific set of rules the SOS has set in place that define MDDP violations and other MDDP related issues.

If a DUI offender is convicted of any moving violation during the MDDP period, the Secretary of State will extend the suspension of the offender’s drivers license for an additional 6 to 12 month period, depending on the length of the initial suspension.

Contact a Top DUI Lawyer in DuPage County Today

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