LAW OFFICE OF WAYNE I. NOVAK

Defending your rights to the fullest.

Driving Under the Influence
Being charged with a DUI is a serious matter which can have far reaching effects on your life.  Not only do you face the possibility of losing your right to drive, but you also face the possibility of jail.  Both of these potential consequences will negatively impact your life, including your current or future employment and lifestyle.  My job as your DUI lawyer is to make sure your rights and interests are protected to the fullest.  I will fight to keep you out of jail and get your license back as soon as possible.  In order to do that you should contact my office as soon as possible at 773-519-0187 so that I can immediately take the appropriate actions.  In choosing an attorney you want someone who will aggressively fight for your rights.  Since the beginning of my career, I have successfully defended DUI cases.  Cases that others said could not be won, I won.  With a proven track record, I will make sure you get the best defense possible.  Here are a few things you need to know about Illinois DUI law:


DUI Criminal Penalties

DUI penalties can range anywhere from a term of supervision to a significant period of time in jail depending on the circumstances of the DUI and how many prior DUIs you have on your record.

Supervision- Is only available to first time offenders who have never had a previous DUI.  A disposition of supervision allows you to keep your license after the suspension period is over (provided you pay the reinstatement fee of $250.00) and it does not go on your public record.  With a term of supervision the following are also included during sentencing:

  • Community Service Work- If your breathalyzer result is over .16 then as
     a first time offender you are subject to a mandatory minimum 100 hours
     of community service work.

  • Alcohol Counseling- Anyone who pleads guilty or is found guilty of DUI
     must obtain an alcohol evaluation through a licensed facility and must
     generally comply with the recommendations of the evaluation.

  • Victim Impact Panel- Most first time offenders must also attend a victim
     impact panel where victims of drunk driving speak out about how drinking
     driving has affected their lives.

Conviction- If you have previously been granted supervision for a DUI then you are no longer eligible for such and any guilty finding or plea will result in a conviction which will revoke your license and the DUI will be on your public record.  This is why it is extremely important to contact a DUI attorney as soon as possible to make sure your rights are fully protected and to preserve any evidence that could help in maintaining your innocence.

Felony Upgrade- A DUI can be upgraded to a felony when:
  
  • You don't have insurance or a valid license at the time of arrest
  • When you have had 2 or more previous DUIs
  • For an all inclusive list of other circumstances in which a felony DUI is
     possible please see 625 ILCS 11-501

Suspension of License
 
Effective January 1st of 2009:
    • If you are a first offender as defined in 625 ILCS 11-500 (generally
       defined as not having a DUI in the last five years or been suspended
       in the last 5 years for a violation of 11-501.1) and you:
         • blow over .08 on the breathalyzer, your license will be suspended
            for 6 months
         • refuse the breathalyzer you will be suspended for 12 months
     • If you are not a first offender as defined in 625 ILCS 11-500 and you:
         • blow over .08 on the breathalyzer your license will be suspended for
            12 months
         • refuse to take the breathalyzer your license will be suspended for 3
            years

This suspension takes effect 46 days from the day of arrest which is why it is extremely important to hire a DUI attorney as soon as possible to file a motion to remove the suspension (known as "Petition to Rescind Statutory Summary Suspension").  This motion must be filed within 90 days of your arrest.

BAID Device

You also have a right to file a motion to drive with a BAID device in your car.  This device will prevent your car from starting until you blow into a tube to ensure you have not been drinking.  You qualify for the BAID device if you are considered a first offender as noted above.  However, you will not be able to drive with this device until after the first month of your suspension has gone by.  In order to receive the BAID device you will need to pay the Illinois Secretary of State $30.00 per month as a service fee up front ($150.00 for a 6 month suspension and $330.00 for a 12 month suspension).  You will also have a monthly service fee to pay to the provider who installs the device in your car.

For more information please go to: 2009 Illinois DUI Factbook


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