Post Info TOPIC: Chicago Area DUI
Harold Wallin

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Chicago Area DUI
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DUI is takenly very seriously in Illinois.  If you have a case in Cook County, please contact the Law Offices of Harold L. Wallin at (312) 346-7730 for a free consultation.  You can also read more at http://www.illinoisduilawyer.com.
Here is some information for starters:
What are the Penalties for a DUI In Illinois?

If you have never been found guilty of a DUI before, or have had a DUI reduced to reckless driving, then you should be eligible for court supervision. A court supervision does not appear on your regular driving record, and it does not effect your driving privileges.
If you do not receive court supervision, and are instead convicted of a DUI, then your driver's license will be revoked.
Depending on your driving background and the facts of your case, you may be facing jail or pennitentiary time, community service, forfeiture of your vehicle, and alcohol/substance abuse treatment.
Depending upon your driving history and the facts of your case, your case may be upgraded from a misdemeanor DUI to a felony charge of aggravated DUI. This can occur if you have been alleged to have committed a DUI while your license was suspended or revoked because of a previous DUI; or you have committed two or more previous DUIs; or there were serious or fatal injuries. A felony DUI can result in a lengthy prison sentence.
What is a Statutory Summary Suspension?
A Statutory Summary Suspension is an automatic suspension that the Secretary of State places on your driver's license because you either refused a blood, breath or urine test; or you took such a test and it revealed a blood alcohol concentration of 0.08 or greater; or it revealed illegal drugs in your system.
This suspension will go into effect on the 46th day after you were arrested.
If you have not had a DUI suspension, supervision, or conviction within the last 5 years, you will most likely be classified as a "first offender" for suspension purposes. Just because you are a "first offender" under the suspension law does not mean that you are a "first offender" for DUI sentencing purposes.
A first offender will be suspended for:

90 days if you failed a blood, breath or urine test;
six months if you refused to take a blood, breath or urine test.
If you are a "first offender" then you are eligible for a Judicial Driving Permit for work, school or medical purposes.
If you are not a "first offender" then you will be suspended for:

one year if you failed a blood, breath or urine test;
three years if you refused to take a blood, breath or urine test.
Regardless of your eligibility for a driving permit, your summary suspension can be challenged by filing a "Petition to Rescind the Statutory Summary Suspension" with the Court. The grounds on which the suspension may be challenged are limited by statute (See, 625 ILCS 5/2-118.1).

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