D.U.I. Information
Driving under the influence is probably the most serious misdemeanor offense for which you can be charged. It is by the far the most expensive. Any sentence resulting from a D.U.I. will remain on your criminal and traffic record permanently. And just being charged with the offense will most likely result in your license being suspended and cost you thousands of dollars, even if you are found not guilty. This page is designed to give you some information about the charge itself, the law that pertains to D.U.I.’s, and how to register for an alcohol evaluation.
Alcohol Evaluation
If you are found guilty following a trial, or if you intend to negotiate a plea agreement, you will have to register for an alcohol evaluation. The process varies depending upon the county in which your case is pending. The evaluation takes approximately four hours. It consists of an interview with a licensed, professional counselor who will ask you questions about your current family life, your situation growing up, your use of alcohol and controlled substances, and the events surrounding your arrest. You should be honest in answering these questions as the evaluators are trained to spot dishonest or evasive answers and will report them on the evaluation. You will also be asked to submit a sample of your urine for analysis. The sample will be tested for the presence of alcohol, marijuana, cocaine, heroin, and an assortment of other controlled and prescribed medications. Do not test positive for alcohol or any controlled substance. If you occasionally use controlled substances, make sure they are out of your body before you take the evaluation and presume that you could be tested at any time during the pendency of your case.
The cost of the evaluation is approximately $250.00. To the evaluation you will need to bring your tickets, the alcohol influence report, prescriptions for any medications you are currently taking, and your driving abstract you must obtain from the Illinois Secretary of State. If you fail to bring any of these items you may be sent home and have to reschedule the evaluation.
Below are the instructions for registering for an alcohol evaluation in Cook, Will, and DuPage Counties:
Cook County: Call Central Intake at 312-948-6001 to schedule an evaluation Downtown or in one of the suburban branch courthouses.
Will County: An evaluation may be scheduled at either of the two hospital listed below.
Provena/Saint Joseph Medical Center 333 North Madison Joliet, Illinois 60435 815-741-7545 provena.org |
DuPage County: Call the D.U.I. Evaluation Unit at 630-407-8384 to schedule an evaluation at the DuPage County Judicial Center, 503 North County Farm Road, Room 135, Wheaton, Illinois 60187.
Statutory Summary Suspension
When you drive a car in Illinois, whether you have a valid license or not, you give consent to any law enforcement officer who suspects you are under the influence to test your blood, breath, or urine for the presence of alcohol or controlled substances. You still retain the right to refuse testing and you cannot be forced to submit. But your decision to take a chemical test or not will have ramifications for your license. The length of time your license will be suspended is indicated below:
First Offender: Someone who has not had a D.U.I. disposition or statutory summary suspension in the last five years.
If you take a chemical test and it shows you have a blood alcohol concentration in excess of 0.08, or you have any amount of a controlled substance in you blood, you will be suspended for a period of six months.
If you refuse to take a chemical test you will be suspended for a period of twelve months.
Second Offender: Someone who has had a D.U.I. disposition or statutory summary suspension in the last five years.
If you take a chemical test and it shows you have a blood alcohol concentration in excess of 0.08, or you have any amount of a controlled substance in you blood, you will be suspended for a period of twelve months.
If you refuse to take a chemical test you will be suspended for a period of three years.
The statutory summary suspension will go into effect forty-seven days after your arrest for driving under the influence. The suspension will remain in effect regardless of whether you win the D.U.I. or not. In other words the statutory summary suspension is separate from the D.U.I. criminal charge. You may challenge the suspension with a petition to rescind, which is discussed below.
Petition to Rescind
Driving is a privilege, not a right. However once you are granted the privilege to drive a car, the government cannot take that away from you without due process. In other words, you have the right to challenge the statutory summary suspension by filing a petition in court and demanding a hearing.
Once the petition is filed and properly served upon the State’s Attorney, it is the State’s duty to provide you with a hearing within thirty days. Their failure to do so could result in a due process violation and the return of your driving privileges.
There are several grounds under which you could protest, but the most common is that the police officer did not have reasonable grounds to believe you were driving a car while under the influence. If that is proved, you will win the hearing.
The hearing on the petition to rescind is civil in nature and the burden is upon the defendant to prove his case. This is in contrast to the criminal charge of D.U.I. in which it is the State’s burden to prove the defendant guilty.
Monitoring Device Driving Permit
The Illinois Secretary of State has an information page on monitoring device driving permits
All first offenders are entitled to a monitoring device driving permit (MDDP) as long as their license was not otherwise suspended. That permit allows you to take your vehicle a certified technician for the installation of a breath alcohol ignition interlock device (BAIID). This device prevents your car from starting unless you blow into a breathalyzer machine that registers a breath alcohol content of less than 0.05.
You may drive your car twenty-four hours a day, seven days a week, anywhere in the state. You may also drive any other car that has a BAIID installed. If you are caught driving a car without a BAIID you will be charged with driving on a suspended license. If you drive a vehicle for work you may be eligible for an exemption for the purpose of driving work related vehicles.
