Illinois DUI Law: A Criminal and a Civil Case
The Loss of Freedom and/or a Suspended Driver’s License
Aug 18, 2008
The criminal case involves the DUI, with a large range of penalties. It may be a Class A misdemeanor carrying up to a year in jail and a fine of up to $2500. It may be a Class 4 felony, caused by having no insurance, having never had a driver’s license, or having a suspended or revoked license. Then it carries up to three years in prison and can be charged against even a first time offender. It may also be a Class 2 Felony with a possible seven years in prison, generally charged against repeat offenders. Illinois felonies are explained in the Felony Fact Sheet.
The second legal action from a DUI arrest is a civil proceeding, involving the arrested driver’s driving privileges. An officer has making a DUI arrest can request chemical testing. The outcome of that request often results in a Statutory Summary Suspension.
The Criminal DUI Process
A DUI is a criminal charge, and the process after the arrest is the same as any criminal case. A bond is set, and if posted, the driver is released until court, if not then he remains in jail. At the first court date, he enters a plea and the state provides information about the case to his attorney, this is called discovery.
After discovery, decisions are made such as whether to challenge the arrest as having been improper, if there were problems with the chemical testing or if the evidence against the driver can show beyond a reasonable doubt that he was driving under the influence. The driver makes these decisions with his lawyer.
If the arrest and testing were proper and the evidence is strong, then negotiations with the state take place regarding a possible penalty. If the defendant and state agree as to the proper penalty, a plea agreement is presented to the judge for his/her approval. This ends the case.
Without an agreement, a trial is held where the state must prove beyond a reasonable doubt that he is guilty. If the state does not prove this, then the defendant is found not guilty and free to go. If he is found guilty, then a penalty is imposed by the judge within the guidelines of the charges mentioned above. For more detail see the DUI Fact Sheet.
The Statutory Summary Suspension
The second legal proceeding from a DUI arrest involves the arrestee’s driver’s license. If an officer has probable cause to believe a driver has been operating a vehicle under the influence the officer will ask the driver to take a chemical test. If the driver refuses or the driver has a blood alcohol content over .08 or has other illegal substances in his system, then his driving privileges will be suspended beginning 46 days after the officer provides him notice of the suspension.
This is called a Statutory Summary Suspension. This suspension can last from 3 months to 3 years. A first offender who agrees to chemical testing and fails receives a 3 month suspension. A repeat offender who refuses testing is given a 3 year suspension. These suspensions can be challenged in court.
The Illinois statute that provides for the suspension also allows a driver to file a petition asking the court to lift the suspension as not being imposed according to law. The suspension may be lifted if:
- The Police Officer did not reasonably believe the person he arrested was under the influence of alcohol and/or drugs while driving.
- The police officer failed to give legally required warnings about the testing.
- Test results show a Breath Alcohol Content of less than .08.
- The Driver did not refuse testing.
- The arrest itself was illegal.
- The Defendant was not properly issued a DUI Uniform Traffic Citation.
Under the above circumstances, the judge may order that the license suspension be lifted. A guide to restoring driving privileges after this suspension and other Illinois license suspensions can be found at Get Your Suspended Illinois License Back.
One Arrest, Two Cases, Two Procedures
Out of the single arrest the criminal case and the civil case arise. It is possible to be found not guilty of the DUI and still have a license suspension, or to have the suspension lifted and be found guilty of the DUI. The two cases, while related, must each be given separate consideration.
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