Driving Under the Influence

 Paul G. Chiligiris, Attorney at Law
 Johnson, Stricklin, 
 Waller &  Chiligiris 
 412 South Franklin Street
 Decatur, IL 62523-1388

 Tel: 217-422-2280
 Fax: 217-422-0622
 Email: paul@chiligiris.com
 Web: www.chiligiris.com

One traffic related issue where there is some consistency is in the DUI law in Illinois. In Illinois, you can be arrested for driving under the influence of alcohol if the influence of alcohol is such that it affects your driving and/or you have a blood alcohol content in excess of .08.

If you are arrested for DUI, you will likely be asked to take a Breathalyzer. If you refuse to take the Breathalyzer, you will receive a statutory summary suspension that will be six months in length. This suspension goes into affect the 46th day after your arrest.

If you agree to take the Breathalyzer and your blood alcohol content is .08 or higher, your license will be suspended for a three months period of time beginning the 46th day after your arrest. If you take the Breathalyzer and you do not blow over .08, you may not receive a suspension.

You may be able to get the statutory summary suspension rescinded (removed) if there was not a proper traffic stop or the breathalyzer was improperly performed.

If you receive a statutory summary suspension, you will not be able to drive during the first 30 days the suspension is in effect. However, for the remainder of the suspension, you may be able to get what is called a Judicial Driving Permit to allow you to drive back and forth from work, school and/or drug and alcohol treatment classes. The standards used in granting these permits varies from Judge to Judge.

After you get a DUI, you will need to do a number of things. First of all, you will need to obtain a drug and alcohol evaluation. This is an evaluation performed by an evaluator licensed by the Illinois Department of Alcohol and Safety. The purpose of the evaluation is to determine what level of risk you are in driving under the influence of alcohol again and perhaps hurting someone, and what type of treatment and/or education you will need. You need to obtain the evaluation before being allowed to receive a Judicial Driving Permit. You are only allowed a Judicial Driving Permit if you are a first time offender.

If you are a first time offender and do not wish to take your case to Trial, you may be eligible for Court Supervision. Court Supervision allows you to receive your driver's license with full driving privileges after your statutory summary suspension has been completed. You do not receive a conviction when you receive court supervision. It does not, however, keep the DUI off of your record. The Secretary of State will still have record that you were arrested for DUI and entered into a supervision plea. If you are placed on Court Supervision, it will be for a period of time (i.e., 18 months) and you may have to report to a probation officer, refrain from using alcohol, refrain from entering into an establishment whose primary purpose is to serve alcohol and you may be required to complete classes and treatment. You also will not be able to break any law of the State of Illinois for the period of time which you are on Court Supervision. Different counties have different requirements in allowing people to receive court supervision.

In some counties, you may be eligible in having your DUI reduced to Reckless Driving if you are a first time offender. The same rules apply in having your DUI reduced to Reckless Driving as they do in supervision situations.

If you do not receive court supervision, or your case is not reduced, then you have the option of taking the case to Trial. If you are found guilty, and receive a conviction for DUI, if you are a first time offender in the State of Illinois, your license will be revoked for a period of at least one year.

For more information regarding DUI/Traffic law feel free to e-mail me or contact me by phone at (217)422-2280.

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