This page is intended to answer some basic questions regarding DUI cases. For more information and a more complete explanation of your rights, please contact KRV Legal, Inc. for a free telephone or office consultation.


  • DUI is usually charged as a Class A misdemeanor, which carries a penalty of up to 364 days in the county jail and/or a fine up to $2,500. However, DUI can also be charged as a felony.*You can be charged with multiple DUI’s at the same time (in fact, most people usually face 2 DUI tickets from the same incident). That is because under Illinois law there are multiple theories of DUI:
    • A. Driving Under the Influence: the State must prove that you were driving or in control of a car, intoxicated, without due care.
    • B. Driving Over the Legal Limit: the State must prove that you were driving or in control of a car with your blood alcohol level more than 0.08
    • C. Driving Under the Influence of Drugs.
    • D. Driving Under the Combined Influence of Drugs and Alcohol.*


As a general rule, your driver’s license will be suspended on the 46th day following your arrest for DUI:

  • If you are a first time DUI offender your license will be suspended for:
    • Six months if your alcohol concentration was more than 0.08
    • One year if you refused chemical testing.
  • B. If you are a second time DUI offender your license will be suspended for:
    • 1 year if your alcohol concentration was more than 0.08.
    • 3 years if you refused chemical testing.
  • C. You are entitled to a hearing to challenge the summary suspension of your driving privileges before a judge, but you must file a written petition within 90 days from receipt of notice of suspension or you lose your rights.


  • If you are convicted of Driving Suspended during the period of summary suspension or other DUI related reason, then you are facing stiff penalties:
    • A. On the first violation minimum sentence of 10 consecutive days in jail or 30 days of public service work upon conviction
    • B. On the second violation minimum sentence of 30 days in jail, and possibly felony charges.*
    • C. Escalating penalties and longer imprisonment sentences on further violations.*


  • A. Generally, EVERY first time DUI offender is entitled to receive an MDDP.
  • B. MDDP holders may drive anywhere, anytime, as long as they drive an authorized vehicle equipped with a breath alcohol ignition interlock device (BAIID) and comply with the rules of the Secretary of State.
  • C. MDDP holders who must drive employer-owner vehicles in the course of employment can seek permission to drive a vehicle without a BAIID.
  • D. MDDP holders must pay the Secretary of State an administrative fee.
  • E. MDDP holders must have an ignition interlock device installed within 14 days of issuance of the MDDP.
  • F. The MDDP is now available from the beginning of a suspension without the former 30 day “hard suspension” or waiting period due to a change in the law effective January 1, 2016.


  • First offenders must pay a $250 reinstatement fee to the Secretary of State to get their drivers license reinstated following termination of the summary suspension. Second offenders must pay $500.*


  • If you have never been convicted of DUI, you may be eligible for court supervision.
  • If you satisfy all of the terms of your supervision, your case will be dismissed following the period of supervision (but not erased).
  • You must obtain an alcohol evaluation before you can be eligible for supervision.
  • Possible terms of supervision include, but are not limited to, the following:
    • Completion of alcohol treatment;
    • Payment of fine/court costs;
    • Completion of Victim Impact Panel;
  • Your supervision may be revoked if you commit any violations of the law during the period of supervision, or if you fail to complete any other terms of your sentence.

Conviction vs. Supervision:

  • If you are convicted for DUI, the Secretary of State will revoke your driving privileges. Once revoked you cannot even apply to get ANY relief (like a work permit) for at least one year, and then you have to go through an expensive and difficult formal hearing process before you get some relief.
  • It is in your best interest to avoid a DUI conviction at all costs. There may be alternatives to being convicted and revoked that we would like to discuss with you.

Please contact one of our experienced attorneys

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