DUI & Traffic

Things You Need to Know About DUI Charges in Illinois

All states have a different manner of handling the crime of DUI. Illinois DUI is governed by its own unique rules that are similar to other states but yet specific to Illinois. To go along with that, every county, district, city, and township has their own judicial views and handles the crime accordingly.

We seek to be transparent and forthcoming about some of the more complicated aspects of your charges.

Contact Steven G. Jones Law Office to get the specifics on these features of DUI laws in Illinois, or talk to us about the best way to defend your case.

Steven G. Jones Law Office strives to provide as much information as we can to our clients about all of their legal issues regarding DUI and traffic defense in Illinois. We believe that you deserve to have your legal situation explained in a detailed and easy-to-understand manner so that you can make important decisions about your case.

To maintain that initiative, we have devoted this page to DUI laws in Illinois and how they affect your DUI arrest, charges, and defense. Read on to learn more about Illinois DUI and your legal options.

The following are some things we think everyone should know about an Illinois DUI:

  • Only 1st time DUI offenders are eligible for judicial driving permits.
  • Those arrested for DUI do not have the right to consult their attorney before deciding to submit to a blood test.
  • If your blood alcohol level is between .05 and .08 you can still be charged with a DUI.
  • Refusal of a blood alcohol test triggers an automatic driver’s license suspension.

Call 217-233-3000 when you need a lawyer for DUI or Traffic Defense in central Illinois
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What Happens After a DUI Arrest in Illinois?

An arrest for Illinois DUI is really just the beginning of your interaction with the criminal justice system. Most people think their charges are fairly straightforward—one arrest, one DUI charge—but many are surprised to find out a DUI in Illinois triggers two criminal procedures:

1) A court case where the person accused of DUI will stand trial and face sentencing consequences

  • Incarceration
  • Fines
  • Revoked license
  • Substance abuse counseling
  • Driver education courses
  • Community service

2) An administrative driver’s license suspension

It is important to act quickly after an arrest on a DUI charge if preserving your driver’s license is a priority. Talk to your traffic defense lawyer right away about requesting a hearing to increase your chances of securing the right to drive.

Should I take field sobriety tests when arrested by a police officer?

No. And do not make any admissions or statements to the officer either, as these along with the officer’s field sobriety test observations can be used against you in court.

Can I get my own blood alcohol test following a DUI arrest?

Yes, but the test must be drawn by an agency qualified to do so in order for the evidence to be admissible in court, and the test must be done immediately upon your release from police custody to have any potential value to your defense. Frankly, having your own test done is rarely beneficial because of the difficulty in getting it done quickly enough relative to the time of the arrest and by a qualified agency.

If I am stopped for DUI, should I take a breath test?

This is a difficult question to answer. On one hand, refusing to take the test will result in a six-month or more suspension of your driving privileges, as Illinois law states that every motorist gives implied consent to such a test, when driving on the roads, and refusing to do so after a stop is a violation of that implied consent. Yet, submitting to the test can provide incriminating evidence against you in a DUI prosecution. Therefore, the answer depends on whether you are willing to risk that suspension of driving privileges in exchange for not providing potentially incriminating evidence against yourself.