Driving Under the Influence (DUI)

• Penalties for DUI in Illinois

  Penalties for DUI in Illinois vary depending on the circumstances of the arrest and conviction. These circumstances may include the driver’s age, the driver’s BAC level, whether the driver was transporting a child under age 16, and whether the driver has previous DUI convictions. Any DUI offense resulting in felony charges is classified as an Aggravated DUI.

• First Conviction

  Class A misdemeanor (possible imprisonment of up to 1 year; fines of up to $2,500); minimum revocation of driving privileges for 1 year (2 years if driver is under age 21); suspension of vehicle registration.

  • If committed with a BAC of .16 or more — In addition to any penalties or fines, mandatory minimum fine of $500 and mandatory minimum 100 hours of community service.
  • If committed while transporting a child under age 16 — In addition to any penalties or fines, possible imprisonment of up to 6 months, mandatory minimum fine of $1,000 and 25 days of community service in a program benefiting children.
  • If committed while transporting a child under age 16 and involved in a crash that resulted in bodily harm to the child (Aggravated DUI); Class 4 felony (possible imprisonment of 1-3 years, fines of up to $25,000) — In addition to any other criminal or administrative sanctions, mandatory fine of $2,500 and 25 days of community service in a program benefiting children.

• Second Conviction

  Class: A misdemeanor (possible imprisonment of up to 1 year; fines of up to $2,500); mandatory minimum imprisonment of 5 days or 240 hours of community service; revocation of driving privileges for a minimum of 5 years for a second conviction within 20 years; suspension of vehicle registration.

  • If committed with a BAC of .16 or more — In addition to any penalties or fines, mandatory imprisonment of 2 days and mandatory minimum fine of $1,250.
  • If committed while transporting a child under age 16 (Aggravated DUI); Class 4 felony (possible imprisonment of 1-3 years, fines of up to $25,000).
  • If committed while transporting a child under age 16 and involved in a crash that resulted in bodily harm to the child (Aggravated DUI); Class 2 felony (possible imprisonment of 3-7 years, fines of up to $25,000) — In addition to any other criminal or administrative sanctions, mandatory fine of $5,000 and 25 days of community service in a program benefiting children.

• Third Conviction (Aggravated DUI)

  Class 2 felony (possible imprisonment of 3-7 years, fines of up to $25,000); revocation of driving privileges for a minimum of 10 years; suspension of vehicle registration.

  • If committed with BAC of .16 or more — In addition to any other criminal or administrative sanctions, mandatory imprisonment of 90 days and mandatory minimum fine of $2,500.
  • If committed while transporting a child under age 16 — In addition to any other criminal or administrative sanctions, mandatory fine of $25,000 and 25 days of community service in a program benefiting children.

• Fourth Conviction (Aggravated DUI)

  Class 2 felony (possible imprisonment of 3-7 years, fines of up to $25,000); revocation of driving privileges for life with no relief available; suspension of vehicle registration.

  • If committed with a BAC of .16 or more — In addition to any other criminal or administrative sanctions, mandatory minimum fine of $5,000.
  • If committed while transporting a child under age 16 — In addition to any other criminal or administrative sanctions, mandatory fine of $25,000 and 25 days of community service in a program benefiting children.

• Fifth Conviction (Aggravated DUI)

  Class 1 felony (possible imprisonment of 4-15 years, fines of up to $25,000); revocation of driving privileges for life with no relief available; suspension of vehicle registration.

  • If committed with a BAC of .16 or more — In addition to any other criminal or administrative sanctions, mandatory minimum fine of $5,000.
  • If committed while transporting a child under age 16 — In addition to any other criminal or administrative sanctions, mandatory fine of $25,000 and 25 days of community service in a program benefiting children.

• Sixth or Subsequent Conviction (Aggravated DUI)

  Class X felony (possible imprisonment of 6-30 years, fines of up to $25,000); revocation of driving privileges for life with no relief available; suspension of vehicle registration.

  • If committed with a BAC of .16 or more — In addition to any other criminal or administrative sanctions, mandatory minimum fine of $5,000.
  • If committed while transporting a child under age 16 — In addition to any other criminal or administrative sanctions, mandatory fine of $25,000 and 25 days of community service in a program benefiting children.

Statutory Summary Suspension

• What is a Statutory Summary Suspension?

  If you are arrested for driving under the influence of alcohol, other drugs and/or intoxicating compounds (DUI), the arresting officer will request that you submit to chemical testing. Refusal to submit to this testing will result in a 12 month suspension. Submission to testing that reveals a blood alcohol concentration of 0.08 or more or any amount of a drug, substance, or compound resulting from the unlawful use or consumption of cannabis, a controlled substance or unlawful use of an intoxicating compound will result in a 6 month suspension.

• I received a Statutory Summary Suspension. When will it terminate?

  Provided the minimum period of suspension has elapsed, the suspension will terminate after the required $250 reinstatement fee has been paid and the appropriate entry has been made to your driving record. A second or subsequent suspension requires payment of a $500 reinstatement fee. During the period of this suspension, your driver's license is retained by the court wherein your DUI case was processed, and you will need to contact that court regarding the return of your driver's license.

• I received a Statutory Summary Suspension. How do I apply for driving relief?

  If the date of your DUI arrest was prior to January 1, 2009 and you were issued a three or six-month Statutory Summary Suspension, you may contact the court wherein your DUI case was processed for information regarding the requirements for obtaining a Judicial Driving Permit. Upon receipt of a court order, and providing you are eligible, the Secretary of State will issue and mail the Judicial Driving Permit to you. If you need to apply for a corrected or duplicate Judicial Driving Permit, you may contact the court for the appropriate order.

  If you are a first-time DUI offender and your arrest date was January 1, 2009 or after, you may be eligible for a Monitoring Device Driving Permit (MDDP). This permit will allow you to drive to any location at anytime during your suspension with the requirement that you drive a car equipped with a Breath Alcohol Ignition Interlock Device (BAIID).

• What is a Zero Tolerance Suspension?

  A driver under age 21 who is arrested for any violation of the Illinois Vehicle Code will be asked to submit to chemical testing if the arresting officer has reason to believe the driver has consumed any amount of an alcoholic beverage. Refusal to submit to this testing will result in a six month suspension. Submission to testing that reveals a blood alcohol concentration of more than 0.00 will result in a three month suspension.

• What happens if I am convicted of DUI?

  If you are convicted of a DUI, your driver's license and driving privileges will be revoked for a minimum of one year for the first offense, five years for a second offense committed within a 20-year period, 10 years for a third offense and lifetime revocation for a fourth or subsequent offense.

  However, if you are under age 21 at the time of the DUI conviction, your driver's license and driving privileges will be revoked for a minimum of two years for your first offense; a second offense will result in a license revocation for a minimum of five years or until your 21st birthday, whichever is longer; third offense a minimum of 10 years; and a lifetime revocation for a fourth or subsequent offense.

• How can I pay a driver's license reinstatement fee owed to the Secretary of State's office for a suspension or revocation?

  A $70, $250 or $500 reinstatement fee for a suspension or a revocation can be paid by mail with a check, cashier's check or money order made payable to the Secretary of State with the affected driver's license number written on the front of the fee. The mailing address is Secretary of State, Driver Services Department, 2701 S. Dirksen Parkway, Springfield, Illinois 62723.

  Suspension and revocation fees may be paid by telephone using a Visa, MasterCard or Discover credit card by calling 217-785-8619. The $250 or $500 fee for a Statutory Summary Suspension and the $70 Zero Tolerance Suspension fees can be mailed to the DUI Section at the address above. To pay the reinstatement fee with a Visa, MasterCard or Discover credit card, please call 217-782-3619.Debit cards cannot be accepted to process reinstatement fees.

  A $70 reinstatement fee for the Zero Tolerance Suspension, and the $250 and $500 fees for Statutory Summary Suspensions and Revocations may only be paid to the Springfield office.

Monitoring Device Driving Permit (MDDP)

• What is a Monitoring Device Driving Permit?

  Replaces Judicial Driving Permits (JDP). This is the document the subject needs in order to drive. The driver may drive at any time, to any place within Illinois, for any reason, so long as the car (s)he is driving has the BAIID installed.

• Am I Eligible for a Monitoring Device Driving Permit?

  • Your license must be valid
  • Your DUI arrest must not have resulted in the death or great bodily harm of another person
  • You can not have been previously convicted of reckless homicide or aggravated DUI that caused death
  • You must be a First Offender under the law
  • You must be 18 years or older
  • CDL holders are NOT eligible on their CDL license

• Period of Suspension?

  If a subject takes the breath/chemical test under implied consent and is .080 or over (or satisfies any of the other positive testing criteria) then the suspension is six months. If the subject refuses chemical testing under implied consent, then the suspension is 12 months. This applies to “first offenders” only. Suspension periods for repeat offenders are not affected by this law.

  Start/End of Suspension Period and “Hard” Time: Remains unchanged. The suspension starts on the 46th day from the date of the sworn report. The first 30 days are still a “hard” suspension during which no relief is available. Assuming no violations, the suspension ends on the last day of the 6th month or 12th month and the subject may pay a reinstatement fee to reinstate full driving privileges.

Drug Possession

• What constitutes drug posession?

  Whether you are charged with a misdemeanor amount of marijuana or delivery of a large quantity of a controlled substance, you will need a skilled and experienced drugs crime defense lawyer to avoid the harshest consequences.

  • Possession of cocaine, marijuana, cannabis, heroin, crack, methamphetamine or other illegal drugs
  • Possession of legal drugs without a prescription
  • Intent to distribute
  • Delivery / sale
  • Manufacturing meth or cultivating marijuana

• How can we limit the impact of these crimes?

  As experienced criminal defense lawyers, we work to shield clients from the worst outcomes. Convictions for some serious felony drug crimes carry mandatory prison terms. Misdemeanor offenses carry heavy fines and the possibility of jail time. The State of Illinois can even take your car.

  Judges have many sentencing options for lower offenses, and some drug charge defendants are eligible for diversion programs that focus on helping the person with their drug addiction. We use our skills and experience to identify clients who would qualify:

  • TASC allows you to get treatment and possibly avoid jail, but you plead guilty and the charge could stay on your criminal record.
  • In Drug Court in DuPage County, you do not plead guilty, you do not go to jail, and the charge can later be dismissed if you complete treatment.

Sex Crimes/Pornography

• Examples of Sex Crimes

  • Internet sex crimes
  • Solicitation of a minor
  • Statutory rape
  • Sexual assault
  • Solicitation of prostitution
  • Failing to register as a sex offender

• Child Pornography / Internet Solicitation

  Possession or distribution of child pornography, or soliciting a minor for sex in an Internet chat room, carries major consequences for conviction, including prison and registration as a sex offender. We explore all avenues of defense to get charges dropped or reduced. Under the law, the penalty for possessing one photo is the same is possessing 1,000.

  Prosecutors must prove your knowledge and intent. We employ computer forensics experts and other resources to show that you accidentally downloaded material, that you took steps to purge illegal images, that you thought you were purchasing legal adult entertainment, or that others had access to your computer. In online solicitation charges, We also look for evidence that the alleged victim misrepresented their age or that undercover sex crime officers acted outside the law to entrap you.

• Rape and Statutory Rape

  Conviction for sexual assault or sex with a minor carries likely prison time and sex offender status. We exhaust all possible defenses to dismiss charges, challenge the allegations at trial, or negotiate with prosecutors for a favorable plea to a lesser offense.

  In sexual assault cases, we examine all evidence, including hospital exams and DNA evidence, police reports, conflicting statements of the victim, and motivation to bring false accusations. We can also present evidence to argue that sex was consensual, and that the victim has a reason (e.g., parents, spouse) to lie about it.

  Engaging in Sexual Contact with a minor varies according to the age of the minor and difference in ages. (Even a 17-year-old can be charged for having sex with another minor.) Your defense may center on not knowing the victim was underage, along with challenging evidence that the sexual encounter even took place. Some underage children may be excused from testifying, complicating your defense because there is no opportunity to cross-examine. We aggressively challenge the testimony of teachers, social workers, nurses, police officers or others to whom the alleged assault was reported.

• Sex Offender Registration and Violations

  At sentencing, those convicted of a sex crime are ordered to register as sex offenders for 10 years, or for a lifetime. We represent you at the sentencing hearing to argue for the lesser status, and can represent you if you face new criminal charges for failing to register with authorities.

Domestic Battery and Orders of Protection

• Domestic Battery and Orders of Protection

  Domestic violence harms families, but so does putting a husband or father in jail. Prosecutors will press charges even against the wishes of the alleged victim. If you are facing accusations of domestic battery, we will do everything possible to limit the impact on your freedom and your family.

• Under Illinois law, domestic abuse may be charged on three levels:

  • Assault (a threat of violence or emotional abuse)
  • Battery (physical harm to another person)
  • Domestic Battery (physical harm to a family member)

  Battery and domestic battery are normally Class A misdemeanors. However, battery is eligible for court supervision (probation, fines, counseling), while domestic battery requires mandatory jail time for conviction (up to one year in jail).

  After your arrest on domestic battery, a court may issue a temporary order of protection. This not only cuts off contact with your partner and children, but can damage your prospects in divorce or child custody proceedings. We vigorously represent clients in both the criminal aspects and the family court hearing on making the protection order permanent.

  If you are charged with violating an order of protection, you face additional criminal sanctions on top of any domestic violence charges. Experienced legal counsel is critical to avoid the worst penalties.

Juvenile Offenses

• Juvenile Offenses

  A criminal conviction as a youth can haunt the person later in life in many ways. If your son or daughter is charged with a juvenile crime, you want an experienced legal advocate who will work to reduce the impact.

• We can capably protect your child's interests in any juvenile crime, including:

  • Underage drinking or DUI
  • Traffic violations (speeding, suspended license
  • Drug offenses (possession or sale)
  • Delinquency / truancy
  • Theft, shoplifting, or burglary
  • Assault and battery (school fight, violence against a girlfriend)
  • Sexual assault / statutory rape

• Minimizing the Consequences

  Illinois youths 16 or younger are charged in Illinois juvenile court, where the goal is rehabilitation versus punishment. As a juvenile crime lawyer, we remind the court of this aim in seeking lenience and alternatives to incarceration, including family counseling, drug treatment, probation, counseling, restitution, community service, or staying in school.

Divorce and Family Law

• Divorce and Family Law

  Effective resolution of divorce and family law issues requires an attorney who can look at the situation from different angles to promote solutions without sacrificing your interests or surrendering your rights.

• We can assist in all family law issues:

  • Divorce (division of property and spousal support)
  • Child custody and child support
  • Visitation
  • Modifications of court orders (custody, support, visitation, etc)
  • Premarital agreements (prenuptials)
  • Domestic violence orders of protection (seeking or defending)

  In divorce, we act as both counselor and attorney, striving for practical solutions that all parties can live with. When children are involved, we take their best interests into account in advising clients on the custody and visitation agreements.