What's Going to Happen to Me?

No one can predict the outcome of a legal case. That decision will be made by a judge or jury after hearing all the admissible facts in light of the relevant law.

Keep in mind, however, what the prosecution has that you don't - experienced attorneys specializing in DUI cases on its payroll; officers and breath analysis technicians who have been trained as professional witnesses; a legislature that passes laws designed to make it tougher on you every step of the way; and plenty of funding to see to it that you are convicted.

The only way you can begin to balance the odds is to hire an attorney who knows Illinois' complex DUI laws, understands your defenses, and who is willing to fight on your behalf.

What are the Penalties for a DUI?

• If you have never been found guilty of a DUI before, or have had a DUI reduced to reckless driving, then you should be eligible for court supervision. A court supervision does not appear on your regular driving record, and it does not effect your driving privileges.
• If you do not receive court supervision, and are instead convicted of a DUI, then your driver's license will be revoked.
• Depending on your driving background and the facts of your case, you may be facing jail or pennitentiary time, community service, forfeiture of your vehicle, and alcohol/substance abuse treatment.
• 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 if you have been alleged to have committed a DUI while your license was suspended or revoked because of a previous DUI; or 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.

What is a Statutory Summary Suspension?

A Statutory Summary Suspension is an automatic suspension that the Secretary of State places on your driver's license because you either refused a blood, breath or urine test; or you took such a test and it revealed a blood alcohol concentration of 0.08 or greater; or it revealed illegal drugs in your system.

This suspension will go into effect on the 46th day after you were arrested.

If you have not had a DUI suspension, supervision, or conviction within the last 5 years, you will most likely be classified as a "first offender" for suspension purposes. Just because you are a "first offender" under the suspension law does not mean that you are a "first offender" for DUI sentencing purposes.

A first offender will be suspended for:

• 90 days if you failed a blood, breath or urine test;
• six months if you refused to take a blood, breath or urine test.

If you are a "first offender" then you are eligible for a Judicial Driving Permit for work, school or medical purposes.

If you are not a "first offender" then you will be suspended for:

• one year if you failed a blood, breath or urine test;
• three years if you refused to take a blood, breath or urine test.

Regardless of your eligibility for a driving permit, your summary suspension can be challenged by filing a "Petition to Rescind the Statutory Summary Suspension" with the Court. The grounds on which the suspension may be challenged are limited by statute (See, 625 ILCS 5/2-118.1).

What is the difference between a Suspension and a Revocation?

A DUI suspension is set for a definite time -- 90 days, six months, one year or three years. At the end of the suspension, your license can be reinstated simply by paying a reinstatement fee, so long as in the interim you have not been convicted for driving during your DUI suspension or had another suspension or revocation placed on your driving record.

A revocation is indefinite -- it has no automatic reinstatement date. This means that you will remain revoked until after the Secretary of State has determined that you are now responsible enough to have a driver's license and that you won't endanger the public. The reinstatement hearing process can be long and ardous.

What if I drive while Suspended or Revoked?

Driving while suspended or revoked for a DUI is a serious matter. There is mandatory jail and/or community service time for each conviction, and the length of your eligibility for reinstatement will be extended. You may also be faced with forfeiture of the vehicle you were driving. Depending on your background, the prosecution can seek to charge you with a felony and seek penitentiary time.

I Need to Drive! What Can I Do?

If you have a statutory summary suspension, you need to hire a qualified DUI attorney immediately. This suspension can only be challenged through the filing, within 90 days of your arrest, of a Petition to Rescind Statutory Summary Suspension. Do not delay.

Attorney Harold Wallin is proud to report that he has won well over 150 rescissions of statutory summary suspensions for his clients, through a variety of methods.

If you are revoked for a DUI, then you will need to contact an attorney to file for a hearing with the Secretary of State.