Even if your blood alcohol content (BAC) is not at or beyond the legal limit of 0.08, you can be stopped by law enforcement if alcohol is suspected to be impacting your ability to drive. If this is your first time being pulled over for driving under the influence (DUI), it can be a frightening experience, but you are entitled to have an experienced attorney on your side to help guide you through the process. There are important things that you should be aware of if you have been charged with an Illinois DUI.
Administrative Penalties for Illinois DUI
Many people think that upon conviction for a DUI, they will immediately be jailed, lose their driver’s license, and essentially be labeled for life. In reality, a first-time DUI may result in administrative penalties and some criminal charges, but it is far more likely to be seen as a mistake, albeit a serious one, rather than an indication of any kind of long-term pattern of behavior. This is especially true if no one is injured or killed and no property damage occurs. State prosecutors are much more likely to work out a bargain with a first-time offender to give them a chance to not re-offend.
Administrative penalties are handed down by an administrative law judge or governmental agency, rather than through a criminal court. One example is a statutory summary suspension of your driver’s license for refusing a chemical test when law enforcement has probable cause to believe you are under the influence, which is a violation of Illinois’s implied consent law. A statutory summary suspension is issued by the Office of the Secretary of State instead of a criminal court judge.
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