Chicago DUI Overview

On this page, some of Chicago’s most aggressive and thorough DUI defense attorneys provide an overview of the penalties for DUI in Chicago and the ins-and-outs of defending a Chicago DUI charge. Below are overviews of the potential penalties, the Statutory Summary Suspension, and the Monitoring Device Driver’s Permit.

While this page provides an overview, our Chicago DUI lawyers have provided a more in-depth and comprehensive look at each of these topics. Follow these links to learn more about potential penalties, the Statutory Summary Suspension, and the Monitoring Device Driver’s Permit

What Are The Penalties For DUI In Chicago And Cook County?

  • For a first time Chicago DUI offender that has never been found guilty of a DUI before, or have had a DUI reduced to reckless driving, you are eligible for court supervision. Supervision does not appear on your public driving record, is not a conviction, nor does it affect your driving privileges.
  • If you are convicted of a Chicago DUI and do not receive court supervision, then your driver’s license will be revoked.
  • Each Chicago DUI case is unique and your driving record and the facts of your case will bear on the penalties. You may be facing jail time, community service, vehicle forfiture, and alcohol or substance abuse treatment.
  • Illinois DUIs with blood alcohol concentrations (BAC) of 0.16 or higher mandate stiffer sentences. So do Chicago DUI charges that arise while transporting a child under the age of 16, while not having a valid driver’s license, while suspended or revoked for a prior DUI, having one or more prior DUIs, or causing a crash that results in serious injury or death.
  • Depending upon your driving record 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 even to a first offender.
  • This occurs, if at the time of the arrest you did not have a valid driver’s license, you knew or should have known that the vehicle was not insured or you caused a motor vehicle accident resulting in serious or fatal injuries. Your case can also be upgraded to a felony charge if you are alleged to have committed a DUI when your license was suspended or revoked because of a previous DUI; or if you have committed two or more previous DUIs. A felony DUI can result in a lengthy prison sentence.
  • Third or fourth DUI’s are class 2 felonies, punishable from 3 to 7 years. Probation is possible for a third DUI but not a fourth. A fifth DUI is a class 1 felony, punishable from 4 to 15 years in the state penitentiary. A sixth or higher DUI is a class X felony, punishable from 6 to 30 years in the state penitentiary.
  • Probation is not allowed on a fourth or greater violation. It is allowed only in extraordinary circumstances when the DUI was the proximate cause of the death of another – but rarely given.

What Does It mean To Have A Statutory Summary Suspension (SSR)?

A Statutory Summary Suspension is an automatic suspension that the Secretary of State places on your driver’s license. This occurs when you either refuse a blood, breath or urine test; or you took the test and it revealed a BAC of 0.08 or greater; or it revealed any amount of illegal drugs in your system. It is subject to judicial review. This suspension goes into effect on the 46th day after your arrest.

If you have not had a DUI suspension, supervision, or conviction within the last 5 years, you will be classified as a “first offender” for suspension purposes. This only applies to the driving suspension and not the “criminal” portion of the case – that is to say for the purposes of imposing a sentence you are not a first offender.

If you were arrested after January 1, 2009:

  • a six month suspension if you failed a blood, breath or urine test;
  • a one-year suspension if you refused to take a chemical test (blood, breath, or urine).

What Is A Monitoring Device Driver’s Permit (MDDP)?

If you meet the eligibility requirements, you can obtain a Monitoring Device Driver’s Permit (MDDP). A MDDP will not be limited in terms of scope or time when you can drive. Basically, you may drive for “any lawful purpose”. But be aware, as part of the MDDP, you will be have a breath alcohol ignition interlock device (BAIID) in your vehicle. Or, you could be required to wear a secure continuous remote alcohol monitor (SCRAM).

An MDDP is not automatic. First you have to be eligible. To meet the eligibility requirements you must be:

  • A first offender for summary suspension purposes, meaning no DUI or DUI based summary suspension within the past 5 years
  • possess an otherwise valid driver’s license;
  • be age 18 or older;
  • you have never been previously convicted of reckless homicide;
  • and there was no death or great bodily harm resulted from this DUI arrest.

Need Professional Help With Your Chicago DUI Case?

Then Contact Suhre & Associates using the contact form to the left or call 312-450-6639 – before you call, here’s what I’d like you to remember.

  • We really do welcome your call.
  • We will gladly talk with you over the phone or in person – it’s free and it does not mean your obligated to do anything.
  • We’ll return your call as quickly as possible if our attorneys aren’t available when you call.
  • We will not pressure you in any way.
  • And if for some reason we can’t help you, we will put you in touch with the very best attorneys in town…that’s our promise to you.