Plainfield, IL DUI Defense Lawyer

Experienced Plainfield DUI Defense Lawyer Serving Illinois

Each year, there are more than 21,000 DUI arrests in the state of Illinois. More than 90 percent of those arrested lose their driving privileges. The state takes DUI offenses very seriously, which is reflected in the potential penalties that will apply if a person is convicted. These penalties vary depending on whether it is the driver's first or subsequent offense.

If you have been charged with DUI, it is important to understand the penalties you may face and your options for defense. Having a seasoned and dedicated Plainfield DUI lawyer like Attorney Khaled Issa fighting for you and protecting your rights is critical.

What Qualifies as Driving Under the Influence?

Under Illinois law, DUI charges may apply if you operate a motor vehicle on public roads and:

• Have a blood alcohol concentration (BAC) of 0.08 percent or higher
• Have a THC level of five nanograms per milliliter of blood
• Have a THC level of 10 nanograms per milliliter of any other bodily fluid
• Use a controlled substance before getting behind the wheel of your vehicle
• Use a medication (prescription or over the counter) before driving that causes you to become impaired

Illinois has a zero-tolerance policy for drivers under the age of 21. For minors, any BAC over 0.00 percent could result in a DUI arrest.

In addition to the following criminal penalties, a chemical test indicating intoxication or a refusal to undergo chemical testing after being arrested for DUI will result in the automatic suspension of your driver's license. This suspension will apply regardless of whether you are convicted of DUI. Attorney Issa can help you take steps to regain your driving privileges while also defending against DUI charges.

First Offense DUI Conviction – Class A Misdemeanor

Misdemeanor charges could result in up to one year in jail and up to $2,500 in fines, depending on the circumstances of the case. A conviction will also result in a one-year driver's license revocation and the suspension of a vehicle registration. If the driver is under the age of 21, their license will be revoked for two years.

If the driver's BAC was 0.16 percent or higher, they will be required to pay a minimum $500 fine and serve a mandatory minimum of 100 hours of community service. If the driver had a child 16 years old or younger in the vehicle at the time of the arrest, they may be sentenced to an additional six months in jail, be required to pay a fine of at least $1,000, and complete 25 days of community service.

Second Offense DUI Convictions – Class A Misdemeanor

A second DUI is also a misdemeanor that carries the same potential penalties as a first-time DUI. However, a conviction will result in a minimum jail term of five days or 240 hours of community service. A person's license will be revoked for five years, and their vehicle registration will be suspended.

If the driver's BAC was 0.16 percent or higher, the mandatory jail time increases by two days, and they will also face a mandatory minimum fine of $1,250. If the driver was carrying a passenger who was 16 or younger, the charge will be upgraded to a Class 4 felony, which carries a penalty of one to three years in state prison.

Third Offense DUI Conviction – Class 2 Felony

A third-offense DUI is a Class 2 felony that carries a potential penalty of between three and seven years in state prison. Depending on the circumstances of the case, the convicted driver could receive probation, but they will be required to serve a minimum of 10 days in jail or complete 480 hours of community service. A driver will also face fines of up to $25,000, a driver's license revocation for a minimum of 10 years, and suspension of their vehicle registration.

The penalties are even more severe for drivers whose BAC results were 0.16 percent or higher or who had a minor under the age of 16 in their vehicle. A BAC of 0.16 will result in a mandatory sentence of 90 days in prison and a mandatory minimum fine of $2,500. A person who was transporting a minor passenger will be required to pay a mandatory fine of $25,000, and they must complete community service in a program benefiting children for 25 days. These penalties are in addition to any other consequences that may apply when convicted on DUI charges.

Contact Our Plainfield, IL DUI Defense Lawyer

It is important to note that the penalties for a DUI arrest or conviction are subject to change based on various factors, including the specifics of the case and any previous criminal history. Whether you are facing a first-time DUI or a subsequent DUI offense, you need a skilled Plainfield DUI defense attorney to protect your rights.

Contact Issa Law, LLC at 708-966-2408 to arrange a private consultation with Attorney Issa and learn what legal options you may have to fight DUI charges.