Getting arrested for driving under the influence of alcohol (DUI) is cause for serious concern, and you may feel that your entire future is at risk due to a rare lapse in judgment. For many people, one of the most troubling thoughts is the idea of spending time in jail after an arrest or conviction. Jail time is certainly possible for DUI offenders in Illinois, but it is often possible to avoid it, especially with the help of an experienced DUI defense attorney.

Police Custody After a DUI Arrest

If you are arrested for DUI, you will almost certainly be taken into the police station by the arresting officer, at least for a short time. At the station, you will be asked to submit to chemical testing of your blood alcohol concentration, which you cannot refuse without having your driver’s license suspended, and you may also be questioned by law enforcement. However, you do not have to answer these questions before speaking with an attorney.

It is uncommon for a DUI suspect to remain in police custody for a long period of time. In most cases, the suspect will be released on the same day or the next day, perhaps with certain conditions to ensure that they return for a trial.

According to Illinois law, there are a number of violations for which a CDL driver can face fines and the temporary suspension of their commercial driver’s license. These penalties can have quite serious consequences, especially for those who rely on their CDL for their livelihood. However, some violations can come with even more serious consequences, including a lifetime disqualification of a driver’s CDL. If you are facing charges for one of these CDL violations, it is crucial that you have a strong defense strategy.

Which CDL Violations Can Result in Lifetime Disqualification? 

In Illinois, CDL drivers will rarely face a lifetime disqualification of their license for a first violation of any kind. However, there are several offenses for which a first violation will result in disqualification for at least 12 months. If a driver commits two of these offenses, or the same offense twice, in two separate incidents, the penalty increases to a lifetime disqualification. The violations for which this applies include:

• Refusing to submit to a chemical test for blood alcohol concentration (BAC) or other controlled substances

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In Illinois and most other states, the legal blood alcohol concentration (BAC) limit for drivers is 0.08. Though it is possible to be charged with a DUI with a lower BAC if there is other evidence of intoxication, it becomes more difficult to fight a charge when chemical test results show a BAC of 0.08 or above. However, you may be wondering what happens if you are charged with DUI and your BAC registered at much higher than 0.08.

According to the National Highway Traffic Safety Administration (NHTSA), a driver’s abilities can become significantly more impaired as their BAC increases. At a BAC of 0.15, a driver can experience vomiting and major loss of muscle control and balance, which can make a serious accident much more likely. Illinois aims to curb highly-intoxicated driving behavior by enforcing stricter penalties for drivers who are convicted of DUI with a BAC of at least twice the legal limit, or 0.16.

Increased Penalties for Excessive BAC

In many Illinois DUI cases, the court has some discretion in the sentencing of an offender, allowing a judge to enforce fines, imprisonment, and other consequences according to the specific circumstances. However, when chemical test results indicate a BAC of at least 0.16, mandatory minimum sentencing requirements apply. The specific consequences depend on how many prior DUI convictions the offender has. For example:

You may be aware that if you are convicted of driving under the influence (DUI) in Illinois, your driver’s license will be revoked for at least a year. However, it is also possible to lose your driving privileges for a time even before your criminal case is resolved. Illinois drivers who are arrested and charged with DUI can be issued an automatic statutory summary suspension of their license if they fail or refuse a chemical test designed to detect the presence of alcohol and other controlled substances. If you have been arrested, here are some important things to understand about a statutory summary suspension.

Refusing a Test Results in a Longer Suspension Than Failing a Test

Illinois has an implied consent law that requires drivers who are arrested for DUI to submit to a chemical test. If you refuse the test, you face a statutory summary suspension of 12 months for a first offense. On the other hand, if you submit to the test and fail, meaning you are found to have a blood alcohol concentration (BAC) of at least 0.08, a THC concentration of at least 5 nanograms per milliliter of blood, or any amount of illegal drugs in your system, you will face a suspension of only six months for a first offense.

You Have the Right to Challenge a Suspension

Once you have been notified of a pending statutory summary suspension, you have 45 days before the suspension takes effect. However, within 90 days of your notice date, you can request a judicial hearing to contest the suspension. An attorney can represent you at this hearing to help you make the case that the suspension should be dismissed, perhaps because of impropriety in your arrest or the administration of the chemical test.

A vast amount of people in the United States require their own form of transportation to maintain their livelihood and continue their daily routine. Driving, however, is a privilege and that privilege can get taken away under certain circumstances. Fortunately, this privilege can also be reinstated if you take the right steps. If your driver’s license has been revoked due to an offense involving multiple DUI charges or a fatality, you will need to attend a formal hearing with the Secretary of State (SOS) to reinstate your license.

What to Expect Prior to the Formal Hearing

To have a successful administrative hearing, there are several steps you must take before the hearing takes place. First, a written request must be mailed in, including a $50 filing fee. Any emailed or faxed requests will not be acknowledged. The request must include various personal information, including the petitioner’s full name, current address, and social security number. These requests are accepted 90 days after the most recent hearing. Once the request and fee are received, the hearing will be scheduled.

The petitioner may now take the time to adequately prepare for the hearing. If the petitioner does not feel entirely prepared, it is recommended that you notify the SOS’s office in writing at least five days before to withdraw your request. This will allow you to forgo the required 90 day wait period in between hearings.