Charles A. Rohde

Attorney-at-law
The Rohde Law Office
Addison, Illinois

Founding Partner
Cody, Mitacek & Rohde
1999-2006

DUI Defense In Illinois

2009 - New DUI Law in Effect in Illinois

Beginning in 2009, any driver facing a Statutory Summary Suspension of his license who wishes to obtain relief during that suspension must obtain a BAIID device. BAIID stands for Breath Alcohol Ignition Interlock Device, and is essentially an instrument installed on the dashboard of the driver’s vehicle that is meant to prevent the operation of a vehicle by a driver who has consumed alcohol. The permit that allows this relief is called an MDDP – a Monitoring Device Driving Permit. Unlike the old JDP which is now replaced, the MDDP allows a driver to drive any place at any time, so long as they are complying with the BAIID.

Click here for details related to obtaining and using a BAIID device in the state of Illinois.

DUI - First Offense:

An Illinois First Offender DUI for operators 21 or over, at its least severe, is a Class A misdemeanor punishable by up to $2500 in fines, and up to 364 days in jail and up to $2500 in fines. The first DUI conviction can result in the loss of your license for a minimum of one year. You could also be required to attend Victim Impact Programs, be evaluated and complete any alcohol counseling required, perform community service, or any other requirements made by a Judge.

First offenders are eligible for supervision (not a conviction), the legal breath limit is 0.08 for alcohol, and any amount of intoxicating drug or compound in blood. A sentence of court supervision does not appear on your public driving record, nor does it affect your driving privileges. A DUI conviction results in automatic revocation (permanent deprivation) of driving privileges in Illinois. If you do not receive court supervision, and are instead convicted of a DUI, then your driver's license will be revoked.

DUI - Statutory Summary Suspension:

If you are arrested and found to have a blood alcohol content BAC of .08 percent or more and/or any impairing drug in your system while operating a motor vehicle, your driving license will be automatically suspended for three months. This is the STATUTORY SUMMARY SUSPENSION LAW. At the time of arrest, the officer will take your license, and if it is valid, will provide you with a temporary receipt allowing you to drive for 45 days. Your suspension begins on the 46th day from the arrest date and will not be terminated until you pay the reinstatement fee and your record is updated. Read more about the statutory summary suspension...

DUI - Felony Upgrade:

Depending upon your driving history and the facts of your case, your case may be upgraded from a misdemeanor DUI to a felony charge of aggravated DUI. This can occur even on a first offense DUI if at the time of the arrest you did not have a valid drivers license or you knew or should have known that the vehicle was not insured. Your case can also be upgraded to a felony charge if you have been alleged to have committed a DUI while your license was suspended or revoked because of a previous DUI; you have committed two or more previous DUIs; or there were serious or fatal injuries. A felony DUI can result in a lengthy prison sentence.

Below are some links to help you understand the DUI law in the state of Illinois and the process of defending a DUI charge. While it is important to understand the nature of the offense and the potential sanctions, the most important thing you can do is hire a qualified DUI lawyer. If you need to defend yourself against a DUI charge, call Chuck Rohde, DUI and criminal defense attorney, today.

What is a statutory summary suspension?

What are the DUI laws for operators under 21?

Illinois Motor Vehicle Code

Illinois DUI Statute

Illinois Secretary of State Driver Services

Illinois has some of the most punitive sanctions for motorists convicted of driving under the influence. In Illinois, a DUI conviction will automatically cause your driver's license to be revoked, and depending on your criminal and driving history, car forfeiture and prison time.

A DUI defense is one of the most difficult criminal cases to defend, as the prosecution is based on a law enforcement officer's direct observation usually reinforced by blood or breath chemical testing. For this reason you need to be clear on the process and possible sanctions you face. The best way to do this is to hire a criminal defense attorney specializing in DUI defense.