FAQs

Under the Zero Tolerance policy, the Illinois Secretary of State will automatically suspend the license of any driver under age 21, who has been caught drinking or even carrying open alcohol in the passenger compartment of their car. You need not be anywhere close to the .08 breathalyzer limit to lose your license. Any trace of alcohol in your system is enough, even a .01 reading. You may also lose your license for having open alcohol in the passenger section of your car, even if the bottle wasn’t yours. If it is your bottle, you face a charge of[...]

In Illinois, DUI remains on your driving record. It cannot be expunged unless the charges against you were dismissed or you obtained a not guilty verdict.

Yes. Many judges will require you to obtain a lawyer. An attorney can review your case for your best possible defense. Did the police have probable cause to stop you? Was your driving truly impaired? Even if the evidence against you is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a more favorable plea agreement than you can on your own.

Generally, a suspended driver’s license can be reinstated once you have completed the term of your suspension and paid a fee to the Secretary of State. A suspended license differs from a revoked license.

The answer is yes, but the ability to reinstate your license is far from guaranteed. You must convince the Secretary of State that you deserve to drive. This will involve significant preparation, such as substance abuse treatment classes, before applying to reinstate your license. You must also appear at a hearing before the Secretary of State. An experienced attorney can guide you through the process and improve your chances of winning your license back.

The answer is generally not. Some defendants believe that the prosecution will realize police made a mistake and drop the charges, but that just doesn’t happen here. The charges may be dropped if your attorney can successfully petition the court to suppress the evidence from the arrest because of faulty police procedure.

Under limited circumstances with the help of an experienced attorney, you may be able to get the charges reduced in exchange for pleading guilty.

The Secretary of State automatically suspends your driver’s license on the 46th day after your arrest. In order to drive, you need to either 1) petition the court to overturn the suspension or 2) obtain a permit from the Secretary of State to use a Breath Activated Interlock Ignition Device (a type of breathalyzer on the steering wheel).

While you often might not be sentenced to jail on a first offense, a first time DUI is a Class A Misdemeanor with a potential jail term of up to one year.

If your license was suspended based on a DUI, a first offense for driving on a suspended license is a Class A Misdemeanor, punishable by one year in jail. Further, there is a minimum sentence of either 30 days of community service or 10 days in jail. Later offenses can be charged as felonies with longer potential prison sentences and greater minimum penalties.