First Offense DUI in Illinois

First DUI in Illinois entails both criminal penalties and prolonged license reinstatement process upon conviction. Having legal counsel involved from the outset of any DUI arrest is advisable, as a defendant does have legal options to challenge the impending license suspension stemming from the DUI arrest itself, as well as options for defending against pending criminal charges as well.

Administrative Penalties

• First offense DUI in Illinois results in administrative license suspension of six (6) months, or if driver refuses to consent under implied consent laws, license suspension stands at twelve (12) months

• Suspension is impending, but does not automatically start at date of arrest. In interim, driver can challenge impending suspension via petition to rescind summary suspension hearing. This will require the insight and representation of legal counsel, but if successful, will prevent license suspension and related license reinstatement complications

• Reinstatement, if suspended, entails mandatory full suspension period of thirty (30) days, with possibility of serving remainder suspension with restricted license, plus ignition interlock device

Criminal Penalties

• First offense DUI in Illinois is Class A misdemeanor offense with potential of not more than one (1) year of incarceration, but in practice, offenders will face no minimum jail time

• Fines can be assessed up to $2,500, but fine amounts do not include court costs and surcharges, nor do they cover costs of completing terms of sentence, such as alcohol awareness courses or reinstatement process costs

• Alcohol awareness education likely required

• Convictions remain a factor in future DUI arrests and sentencing for five (5) years

Getting Legal Help

While the state of Illinois explicitly forbids a plea option entailing reduction of charges to lesser offenses, using legal counsel can either help with obtaining dismissal of charges, or if not feasible, work towards gaining favorable terms in a plea agreement. For more information, consult with an Illinois DUI lawyer.