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Frequently Asked Questions About Illinois DUI Laws
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Findgreatlawyers.com is run by Illinois lawyers and allows you to speak to our staff of Illinois attorneys for free and in confidence to ask questions or obtain a referral to an independent lawyer we know that best fits your situation. The following is a list of frequently asked questions that we receive on Illinois DUI laws. If you have additional questions do not hesitate to contact us at any time.
Can I go to jail if I was arrested for driving under the influence in Illinois?
Yes. For first time offenders the jail sentence can be as long as one year. For people convicted of two DUI's within five years there is a mandatory five day jail sentence at minimum. Longer jail sentences are possible if the DUI resulted in an injury to another person.
Will I lose my license if I am convicted of a DUI?
Yes, for at least one year.
I live in Illinois, but received a DUI in another state. Can Illinois revoke my license?
Yes, Illinois recognizes suspensions of licenses in other states so if you lose driving privileges in one state you will lose them in Illinois as well.
I was pulled over and the police forced me to give blood so it could be examined for alcohol content. Is this legal in Illinois?
As long as there was not an accident that resulted in an injury to another person then this would be illegal and any test should be thrown out by a judge.
I was given a portable breath test by a police officer. Is that allowed in Illinois?
No, portable breath tests are not allowed in Illinois and will be thrown out by a judge and never entered into evidence.
Can I represent myself if I have been charged with a DUI?
While you are allowed to represent yourself, given the potential for jail time, large fines, loss of driving privileges, etc., we would never recommend that someone who has been charged with a DUI represent themselves. There is an old saying that a lawyer who represents himself has a fool for a client.
Are Illinois DUI penalties higher if a child was in the car when the driver was pulled over?
Yes, if convicted the offender would face mandatory jail time, mandatory community service and a minimum fine of $1,000.00.
I took a breathalyzer test and failed. Is there any way to avoid a DUI conviction?
Yes, numerous studies have shown that not all breath tests are reliable and there are many other factors that can contribute to blood alcohol content. While a failed breath test presents an uphill battle, an experienced Illinois DUI defense lawyer knows how to analyze the entire situation to determine if there are defenses to the charge.
Does my attorney need to be licensed in the County where the court hearing will take place?
No, there is no such thing as being licensed by a County in Illinois. Your attorney just needs to be licensed to practice law in the state of Illinois. However, we highly recommend that if you are charged with a DUI that you hire an attorney who regularly appears in the court room where your case will be heard.
If you have any questions about Illinois DUI laws or would like a referral to an Illinois traffic lawyer, please contact us. All inquiries are free and confidential.
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