REGARDLESS IF IT IS THE FIRST OR A REPEAT OFFENSE, A DUI CONVICTION CARRIES SERIOUS CONSEQUENCES

CHARGED WITH A DUI?

Illinois Implied Consent Law

Per the implied consent law in Illinois a person charged with a DUI may be suspended for one year for not submitting to a breathalyzer test or six months if a person blows in a breathalyzer and yield a result above .08.

This suspension can be contested and a driver can have his or her driving privileges reinstated after a hearing contesting the suspension. For a second time offender the suspension can be for up to three years.

GROUNDS TO CONTEST THE SUSPENSION

One of the grounds to contest the suspension is if it can be proven that the driver was not lawfully arrested for an offense, as defined in 625 ILCS 5/11-501 of the Illinois Vehicle Code (Driving Under the Influence of Alcohol/Drugs) or a similar provision of a local ordinance.

This can be evidenced by the issuance of a Uniform Traffic Ticket or another form of charge such as:

• The arresting officer did not have reasonable grounds to believe that the driver was driving or in actual physical control of a motor vehicle while under the influence of alcohol and/or other drugs, or a combination thereof:

  • The driver was not properly warned by the arresting officer as provided in 625 ILCS 5/11-501.1(c) of the Illinois Vehicle Code;

  • The driver did not refuse to submit to and/or complete the required chemical test or tests, pursuant to 625 ILCS 5/11-501.1 (d) of the Illinois Vehicle Code, upon the request of the arresting officer;

  • The driver submitted to the requested test or tests but the test sample of the blood alcohol concentration did not yield .08 or over and/or;

  • The vehicle was stopped pursuant to an illegal stop.