Articles Posted in 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

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 of incarceration, a $5,000.00 fine and 5-years of probation. Additionally, a refusal of testing is considered a criminal offense with the 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: