DUI Defense

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Robert M. Stephenson, LLC, represents clients throughout Northern Illinois in driving under the influence (DUI) defense, including Secretary of State reinstatement hearings for drivers whose licenses were revoked after DUI conviction.

In Illinois, driving under the influence (DUI) is a Class A misdemeanor, subject to a $2,500.00 fine, up to 364 days in jail and revocation of driver’s license, if convicted.

DUI cases are unpredictable; you do not want to face DUI charges alone. Hiring a DUI defense lawyer who understands Illinois' complex DUI laws increases your chances. Driving under the influence is one of the most difficult cases to defend and choosing the right defense lawyer is crucial. State’s Attorneys use many tools in DUI cases including lawyers specializing in DUI prosecutions, officers trained as professional witnesses in DUI cases, and harsh DUI laws. Facing a DUI charge with a defense lawyer skilled in DUI defense may help prevent conviction for driving under the influence. A DUI defense attorney investigates the events surrounding your DUI arrest, including accuracy of police testing. A DUI defense attorney can challenge the evidence in your DUI case, which can result in DUI charges being reduced or dismissed.

Illinois DUI laws changed January 1, 2009, making penalties for first-time DUI offenders harsher. After a DUI arrest, you will receive a statutory summary suspension of your driver’s license. The statutory summary suspension allows you to drive for a short time before your first court date on the DUI charge. First-time DUI offenders are required to install a Breath Alcohol Interlock Ignition Device (BAIID) in every car they drive and obtain a Monitoring Device Driving Permit (MDDP) to drive, even while the DUI case is pending.

At your first hearing, your defense lawyer can help you get an MDDP/BAIID quickly. In Illinois, a driving under the influence conviction results in automatic revocation of your driver's license. Your defense lawyer can help reinstate your driver’s license after the revocation period expires.

If you are charged with misdemeanor driving under the influence and have never been convicted of DUI or reckless driving, you are eligible for court supervision. Your driver’s license will be suspended for six months if you submit to breath-testing and are over the legal limit; however, you can get an MDDP/BAIID while your DUI case is pending. Your driver’s license will be suspended for one year if you refuse to submit to testing. Penalties for driving under the influence, including the length of a driver’s license suspension or revocation, increase for every subsequent DUI.

If convicted of driving under the influence, your driver’s license will be revoked for at least one year. Other possible penalties include jail, seizure and sale of your vehicle, and alcohol/substance abuse treatment. Charges may be upgraded from misdemeanor DUI to felony aggravated DUI.

Illinois has a zero-tolerance DUI policy for drivers under the age of 21. Drivers under 21 convicted of DUI are subject to mandatory two-year revocation of their driver’s licenses if a breathalyzer tests positive for any alcohol. If you refuse testing, your driver’s license will be suspended for six months for a first DUI arrest, and two years for subsequent DUIs. You are eligible to apply for the MDDP/BAIID during the driver’s license suspension.

DUI charges affect your Commercial Driver’s License (CDL), even if you are arrested for DUI while driving your personal vehicle. The legal DUI limit for CDL holders is 0.04. A first DUI offense results in one-year disqualification of your CDL, whether you were driving a commercial or personal vehicle. Refusing breathalyzer testing for driving under the influence also carries a one-year disqualification of your CDL.

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