Articles Posted in Criminal Defense

There are a variety of possible consequences resulting from a second DUI arrest in Illinois. To a large extent, the penalties depend on the outcome of your first DUI. The majority of people arrested for a first DUI receive an automatic suspension of their driver’s license for 6 or 12 months depending on whether they failed or refused chemical testing. This is referred to as the Illinois Statutory Summary Suspension law. Additionally, many first DUI arrests will result in court supervision for a period of 1 to 2 years. If you successfully complete the conditions of court supervision (e.g. payment of fines/court costs, treatment, community service, victim impact panel, etc.), a conviction will not be entered.

However, in Illinois, you can only receive court supervision for DUI once in your lifetime. As a result, this means you face limited options on a second DUI charge. You will ultimately have the choice of pleading guilty and receiving a conviction (i.e. conditional discharge or probation), pleading not guilty and going to trial or seeking a negotiated plea to reduce the DUI charge, ideally, to the offense of Reckless Driving.

Criminal Penalties of a Second DUI

While jail can often be avoided for a first time DUI in Illinois, there are a variety of factors that help determine whether any period of incarceration will be imposed. In Illinois, DUI is typically charged as a Class A misdemeanor, which carries a maximum penalty of up to one year in jail and/or a fine in the amount of $2,500.00 plus mandatory court assessments. The sentence may also range anywhere from court supervision to probation. Jail time can only be imposed if you are convicted of the DUI offense. 

Penalties of a First DUI 

A first offender who is found guilty after trial or pleads guilty to a DUI may be sentenced to court supervision. Court supervision is not a conviction under Illinois law, meaning that a jail sentence is not permitted. In addition, if you comply with all of the conditions of court supervision, the DUI will not go on your public record. However, court supervision for a DUI is only possible once in your lifetime.

DuPage County DUI Defense Attorney Case Study

The DUI defense attorneys at The Davis Law Group, P.C. have an unmatched understanding of the Illinois Vehicle Code, especially DUI law. Our in-depth knowledge of the law, combined with our experience in both negotiation and litigation of DUI cases, allows us to achieve the most favorable results for our clients who have been charged with driving under the influence throughout Illinois including the Wheaton Courthouse in DuPage County.

DUI Defense Case Study – DuPage County, Illinois

Due to the health concerns surrounding the spread of COVID-19, many upcoming court appearance dates in Illinois have been postponed. This includes court dates scheduled throughout the primary geographic area of our legal practice: Cook County, Lake County and DuPage County. The details below are related to criminal and traffic cases. For the most up-to-date information, please review the information posted by the Clerk of the Circuit Court in the county where your case is pending.

Cook County Courthouses

Most court appearances scheduled from March 17, 2020 through April 15, 2020 will be rescheduled.

If you are under the age of 21, you face stiff penalties for alcohol-related offenses under Illinois law. Aside from the possible criminal penalties, which may include jail time, community service, traffic safety school and/or high fines and court assessments, the Illinois Secretary of State may impose a driver’s license suspension or revocation for many of alcohol-related offenses as follows:

Illegal Transportation of Alcohol 

  • Conviction – 12-month driver’s license suspension

The U.S. Immigration and Nationality Act requires that applicants meet a ‘good moral character’ standard that is defined as ‘adherence to generally accepted moral standards of the community’. Until October 25, 2019, DUI was not used as the basis for a finding that an applicant was not of good moral character and, generally, did not carry any immigration consequences. Now, under a new directive from the U.S. Attorney General, evidence of two or more DUI convictions establishes a presumption that the non-citizen is not of good moral character and immigration relief may be denied.

Evidence of rehabilitation after the DUI arrests is not enough to challenge the presumption that the non-citizen is not of good moral character. Evidence would need to be presented that the non-citizen sustained good moral character throughout the relevant look-back period, including at the time of the arrests.

Crimes of Moral Turpitude & Consequences

While the vast majority of offenses for driving under the influence of alcohol or drugs (DUI) are filed and heard in state courts, DUI may also be charged as a federal offense. Most commonly, federal DUI charges arise in situations where the offender is stopped on the property of a federal military installation, national park, national monument, post office or on other federal property.

DUI on National Park Service land

If the DUI occurred on land controlled by the National Park Service, the DUI may be prosecuted as a Class B misdemeanor punishable by up to 6-months incarceration, a $5,000.00 fine and 5-years of probation. Additionally, a refusal of testing is considered a criminal offense with punishment of up to one-year incarceration, a fine and the suspension of driving privileges on federal land or property for a period of up to one-year.

Clients seeking help with a DUI or another serious traffic matter often tell us that their vehicle was seized by the police at the time of their arrest and want to know whether they can get it back.

When can the police seize and forfeit a vehicle?

Illinois law provides for the seizure and forfeiture of vehicles in the case of certain offenses including:

Earlier this week, Illinois enacted one of the most far-reaching cannabis legalization laws of any state in the country. The law, which becomes effective January 1, 2020, contains provisions for the expungement of marijuana offenses.

Over the past decades, hundreds of thousands of Illinois residents (and non-residents) have been arrested for cannabis-related offenses and, as a result, have arrest records that have affected their lives by negatively impacting their ability to gain admission to educational institutions, ability to obtain employment, secure professional licensing and in a variety of other ways. Recognizing the harm that these offenses have had on the lives of offenders, the legislature has included expungement provisions in the new legislation to wipe away the criminal records of persons for offenses occurring prior to the effective date of the new law.

The law provides for expungement by 2 different methods (1) automatic expungement which does not require any action on the part of the offender; and (2) expungement that can only be granted by a petition to the court filed by the offender or his or her attorney.

NOTE: WE ARE A PRIVATE LAW FIRM. THIS POST IS FOR INFORMATIONAL PURPOSES ONLY. PLEASE CONTACT THE COURTHOUSE DIRECTLY FOR ADDITIONAL INFORMATION.

How do I find criminal case or traffic ticket information in Illinois?

The individual Circuit Court clerks maintain the court records for each county throughout Illinois. Illinois does not currently have a comprehensive online system that allows you to search case information throughout the state. Each clerk’s office provides a different method for looking up case information online. While some counties have full access through their website, other counties require you to visit in-person or call the specific courthouse where your case took place in order to obtain case information. Many counties, including Cook County, are currently taking steps to expand their online access. Information related Cook County, Lake County, DuPage County and Will County is provided below.

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