Illinois DUI Defense

• Illinois Driver’s License Reinstatement (Administrative Law)
• DUI Defense and Reckless Homicide
• General Traffic Law

Overview

For over twenty years, our Illinois law firm has maintained a dedicated practice for DUI defense, with the goal of helping clients move forward after a DUI charge. We have represented clients at all stages of a DUI case, including driver’s license reinstatement hearings after a DUI revocation.

Our full-service DUI defense firm has physical offices in Chicago and Naperville. We take DUI cases throughout the Chicagoland area and represent revoked drivers throughout Illinois. We also help out-of-state drivers obtain full clearance when an Illinois DUI causes a hold on their driving privileges in another state. Many out-of-state clients reside in neighboring states, such as Indiana or Wisconsin.

We understand that a DUI case can feel overwhelming. We help clients navigate a DUI case with skilled guidance, clear communication, and strong legal strategy. Our office provides quality representation at every stage of the process. It is our goal that every client receives the best possible outcome when they entrust our office with their DUI defense.

As Illinois DUI law is continually evolving, our law practice continues to update our strategy with every change. We stay current on the latest developments in Illinois DUI law and apply time-tested strategies when defending DUI cases. We take the time to listen to our client, while also analyzing information and building a strong, personalized defense for every client.

Our commitment to high-quality client service has earned recognition in the legal community. Jennifer Wirth, managing attorney, has earned the Avvo Client Choice Award several times, and consistently receives the Martindale-Hubbell Client Champion distinction. She has also been ranked among the Top DUI Lawyers in Chicago by Expertise.com. These honors reflect our continued dedication to client satisfaction and our ongoing commitment to quality DUI representation.

DUI Defense: A Core Area of Our Practice

DUI defense is a central to our practice. Our Illinois DUI firm follows changes to Illinois DUI laws, courtroom procedures, and continues to develop defense strategies that can impact the outcome of a DUI case. We do not take one DUI case a year. Rather, we fill our year with DUI cases, including DUI license reinstatement hearings. We represent clients on a wide range of DUI-related issues, including:

• DUI License Revocation
• First-time DUI offenses
• Multiple DUI offenses
• Aggravated DUI charges
• DUI involving drugs
• DUI accidents involving injury
• Underage DUI charges
• Out-of-State DUI clearance
• License reinstatement hearings

Understanding DUI Law in Illinois

There are several ways that a person can be charged with DUI in Illinois. Under the Illinois Vehicle Code (625 ILCS 5/11-501), it is illegal to operate, or be in actual physical control of a motor vehicle:

• With a Blood Alcohol Concentration (BAC) of 0.08% or more
• While under the influence of alcohol regardless of BAC
• While under the influence of any intoxicating compound, drug, or combination thereof that impairs the ability to safely drive a vehicle.
• With any amount of a controlled substance in system, unless legally prescribed
• With a THC (marijuana) concentration of five nanograms or more per milliliter of blood, or ten nanograms or more per milliliter of other bodily substance, unless a legal medical cannabis user and not impaired while driving

Statutory Summary Suspension: The Implied Consent Law

Illinois follows an implied consent rule, which means that by driving on Illinois roads, a driver automatically consents to chemical testing (breath, blood, or urine) if lawfully requested by police. If a driver refuses to submit to chemical testing, or tests at or above a BAC of 0.08, they will face the statutory summary suspension of their driver’s license. A statutory summary suspension is separate from criminal DUI penalties.

Double Trouble: Criminal DUI and License Suspension

Typically, an Illinois DUI arrest creates two separate, parallel legal processes:

1. Criminal DUI Case. A criminal DUI case decides whether a person is guilty or innocent of the DUI charge. If found guilty, the court focuses on punishment for the DUI offense. A DUI criminal charge may result in fines, community service, court-ordered treatment, and/or incarceration.
2. Statutory Summary Suspension. A statutory summary suspension is an administrative action by the Illinois Secretary of State. As the name suggests, the State can suspend a person’s driving privileges upon receiving notice of a DUI arrest. Unless successfully challenged at a hearing, a summary suspension will go into effect automatically on a specific date.

The length of a summary suspension varies depending on whether a person is a first offender for suspension purposes, and whether they submitted to chemical testing on their DUI. It is important to note that a summary suspension can continue to suspend a person’s driving privileges, even if they are not found guilty on the parallel DUI criminal charge.

DUI Penalties in Illinois

The consequences of a guilty plea to a DUI can vary, depending on several factors. We strongly encourage a client to consult with an Illinois DUI attorney to determine the applicable law in their specific case. The following is a basic breakdown of DUI penalties in Illinois:

First DUI Offense (Class A Misdemeanor)

• Up to 364 days in jail
• Up to $2,500 fine
• Mandatory alcohol education or treatment
• Possible community service
• If convicted, driver’s license may be revoked
• Can be upgraded to felony is aggravating factors exist

Second DUI Offense (Class A Misdemeanor)

• Up to 364 days in jail, with a mandatory minimum of five days in jail or 240 hours of community service
• Up to $2,500 fine
• If convicted, driver’s license will be revoked
• Can be upgraded to felony if aggravating factors exist
  

Third DUI Offense (Class 2 Felony – Aggravated DUI)

• 3 to 7 years in prison (may be eligible for probation)
• Up to $25,000 in fines
• If convicted, driver’s license will be revoked
• Mandatory alcohol treatment and evaluation
• Felony record

Felony DUI: Aggravating Factors on a DUI Case

In Illinois, certain circumstances can elevate a misdemeanor DUI charge to an aggravated DUI. An aggravated DUI is a felony, which can carry more severe penalties. The following is a list of aggravating factors that can lead to a felony DUI upgrade in Illinois:

• A third or subsequent DUI offense
• DUI resulting in great bodily harm, permanent disability, or death
• DUI while driving a school bus with passengers under 18
• DUI while driving in a school zone during school activity
• DUI without a valid driver’s license or permit
• DUI without vehicle liability insurance
• DUI while transporting a child under age 16 (with injury or prior offense)
• DUI after a previous reckless homicide conviction related to DUI
• DUI while driving a for-hire vehicle with passengers
• DUI resulting in bodily harm to a passenger under age 16

Hiring an Illinois DUI Defense Attorney

There are many advantages to hiring a skilled Illinois defense attorney when facing a DUI charge. A defense attorney can assess the strengths and weaknesses of a case, allowing a client to make informed decisions about the best course of action.

Further, an attorney can examine whether law enforcement followed proper legal procedures during the DUI arrest. A DUI attorney may challenge a stop, search, or arrest. If police conduct is deemed unlawful, the violation may be grounds to suppress evidence. If the State cannot use certain evidence to pursue a DUI charge, they may choose to reduce or dismiss a charge.

An experienced DUI attorney also knows how to challenge the reliability of field sobriety tests and chemical testing. Breathalyzers and blood tests administered and stored in a certain manner. Any deviation from protocol may lead to exclusion of the evidence. If admissible, testing errors can cast doubt on the prosecution’s evidence at trial.

Similarly, field sobriety tests are often subjective and may be influenced by external factors, such as road conditions or medical issues. A DUI lawyer understands how to identify issues and inconsistencies, which can help develop credible defenses. In doing so, a DUI defense attorney can strengthen their client’s position in plea negotiations or increase the winnability of a client’s DUI case at trial.

Beyond legal analysis, a DUI attorney provides valuable guidance on strategy, including whether to pursue a trial or seek a negotiated plea deal. In some cases, an attorney can work to reduce charges, minimize penalties, or secure alternative sentencing options such as court supervision.

Finally, a quality DUI defense lawyer should be responsive, and provide individualized service. When represented by a dedicated DUI attorney, a client should receive regular status updates and timely answers to their questions. A defense attorney can have a meaningful impact in both the outcome of a DUI case and the client’s peace of mind during the proceedings.

Call Us Today for a Free Consultation

Our office provides free consultations for DUI defense and Illinois driver’s license reinstatement hearings. To schedule a consultation, please call our office at (312) 761-8290 or email us at jennifer@wirthlaw.org