First DUI Offense: What to Expect and How to Get It Dismissed
After a night of partying and drinking, you decided to drive your car. While you are heading home, you see a police car behind you. You know that you are drinking and driving, and it dawned on you, you are about to get caught for drinking under the influence for the first time.
Many of us are aware of people who have been arrested for drinking under the influence, but not a lot understands what is DUI and what are the consequences for a first-time DUI offense in Illinois really are.
About First Time DUI Offense
Driving under the influence (DUI) is a very risky choice, especially in Illinois. It is important that you understand that in the State Law of Illinois, a first DUI offense is categorized as a Class A misdemeanor crime, and when coupled with aggravating factors, a first DUI offense is classified as a felony, both of which differ in terms of the imposition of a sentence in state prison.
However, the circumstances will have an effect on whether you will spend time in jail when you are arrested for your first DUI offense. It is always a good precautionary measure that you are acquainted with your options on what you can do when arrested, the average cost of first DUI, the charges and fines you may be facing, and the laws that are applicable for your first DUI offense.
First DUI Laws and Penalties in Illinois
Illinois law provides for the following circumstances in which you can be considered driving under the influence:
- Driving under the influence of alcohol or drugs;
- Driving with a BAC or blood alcohol content of 0.08 or above;
- Operating a vehicle while under the influence of drugs;
- Operating a vehicle while under the influence of alcoholic beverage, drugs and/or other intoxicating compounds;
- Driving with an amount of drug in someone’s breath, blood or urine, resulting from unlawful use of a controlled substance; or
- That within 2 hours of operating a vehicle or driving, there is an amount of THC or cannabis in someone’s blood or other bodily substance.
After you are arrested, there are administrative and criminal penalties, the former being related to your license, and the latter, its imposition is done after the DUI conviction in court. Because of the implied consent law of the State of Illinois, the consent of the motorists to a chemical test is implied, if there exists a probable cause to believe that one is drinking under the influence. When you are arrested for DUI, and you fail or refuse to complete the chemical test, the Secretary of State will suspend your license automatically, which is called a statutory summary suspension.
However, if this is your first DUI offense, you are only subject to the following suspension:
- Six months license suspension, if you failed the test; or
- One year license suspension, if you refused or failed to complete the test.
If you are summarily suspended, you will be issued an MDDP or a monitoring device driving permit that will allow you to drive at any time, and for any purpose, for the duration of your license suspension.
For criminal penalties, you may be facing jail time for first DUI when there is a conviction for a Class A demeanor. A DUI conviction has a maximum sentence of 364 days in jail, and if you had a passenger under the age of 16 when you were arrested, six months. The criminal penalty for a first time DUI also includes fines. The maximum fine is $2,500.00 for a first DUI, the minimum fine of $500.00 when your BAC was 0.16% or above, and a minimum fine of $1,000.00 when you were transporting a passenger under 16 years old.
The imposition of community service is also included for first DUI convictions, but only when your BAC was 0.16% or above, or when you had a passenger under the age of 16 years.
Aside from the license suspension under the administrative penalty, a criminal penalty can also include a license suspension of one year for a conviction of DUI for the first time, but you may apply for a restricted driving permit or RDP.
What Happens for Your First DUI Offense
It is understandable that when you are arrested for the first time for a DUI, you are unsure what your options are, or where to turn to, and you start to wonder what happens for your first DUI offense.
If you were pulled over because there is probable cause to believe that you are intoxicated, the law allows the police officer to collect a blood, urine or breath sample in order to determine whether your BAC is within the legal limit. Since any chemical test should be given as soon as possible, these are given automatically.
Remember that you have the right to refuse to take a preliminary breath test. However, if you refuse to give a blood, urine, or breath sample once you are in the custody of the police, your driver’s license will be confiscated and will face an automatic administrative license suspension.
If it is your first time being arrested for a DUI, your arrest triggers two separate legal actions: first is by the State of Illinois for your license suspension, and second is for the criminal offense.
If you are charged with the first DUI, you will be provided a date for a court appearance. It is important to have a lawyer with you to provide legal assistance. With legal assistance, you will come to understand that there is a wide range of options for you.
For a first DUI offense, you can be allowed by the court that you enter a guilty plea, and receive court supervision, which means you will not have any jail time. If you are able to accomplish the requirements given by the court, coupled with the completion of the supervision period, no entry of a conviction for DUI will be done on your criminal record. However, even with court supervision, you are still required to pay the fine or perform community service. Note also that even without facing any jail time, you are still required to serve the statutory summary suspension with respect to your driver’s license.
While the chances of conviction are less for first-time DUI offenders in the State of Illinois, a misdemeanor conviction for a first DUI offense is possible for several reasons. A first DUI conviction is likely when the court grants supervision, and you violated the terms given by the court, or when you acted in a reckless manner during the arrest.
Aggravating Factors for First DUI
The first DUI offense is generally a Class A demeanor. However, DUI can be a felony in some situations If you are arrested for a first time DUI with an accident, that may be an aggravating factor, and can be charged for a felony.
The aggravating factors for first DUI that would get you charged from a misdemeanor to a felony are the following:
- Driving without a valid license
- Knowingly driving without an insurance
- Your actions while driving under the influence cause bodily injury or harm
- Presence of minors in the vehicle
The penalties of aggravated DUI are also more severe. When aggravating factors are present with your first DUI, you need to seek out legal help because there are mandatory minimum fines and penalties for a felony, and there is no guarantee that you will only get the minimum sentence. A conviction for a DUI with aggravating factors will absolutely cost you a huge sum of money, and even some jail time. So it is best to hire legal help and see what they can do for you.
First DUI Consequences
You are probably wondering what the consequences are when you are charged for your first DUI. For your first DUI, it will likely be a misdemeanor offense, absent any aggravating factors, and you will be punished with a fine, license suspension, community service, and possible probation. Bear in mind that a DUI stays on your record permanently since Illinois has a no “look back” period.
First Time DUI Fine
According to the State of Illinois, the average cost for a first time DUI charge is $16,580.00. The maximum fine for first DUI is only $2,500.00, a minimum fine of $500.00 if your BAC was .16% or more, and a minimum fine of $1,000.00 if you were transporting a passenger under 16 years of age, but this does not count any of the court costs. The average court costs are $3,600.00, and there are also insurance fees, and legal fees, which are often quite costly.
First DUI License Suspension
A license suspension for the first DUI is also one of the consequences. For a first DUI license suspension, there is the statutory summary suspension with respect to the administrative penalty, and a license suspension as part of the criminal penalties.
The statutory summary suspension for a first DUI offense for failing a chemical test is 6 months, and for refusing to submit a chemical test is 12 months. In addition to this, if you are convicted of DUI for the first time, you will face a license suspension of one year. For any time your license was administratively suspended, it will be credited towards the one-year license suspension.
How to Get First DUI Dismissed
You may be curious now on how to get DUI dismissed, and what are the chances of getting DUI dismissed. When you are charged for a first DUI, it is important to know that there are ways to get your first DUI dismissed.
Some ways to get your first DUI dismissed are:
- Challenge the legality of the DUI checkpoint traffic stop
Know that you cannot be stopped unless the police officer has established a reasonable cause to believe that a traffic law, or other law, has been violated - Challenge the breath test reading
The police must have sufficient grounds to make a lawful demand for a breathalyzer test sample and must be provided either at the roadside or at the station. - Challenge the blood test reading
You can question the time when the blood test was taken because the time the blood test was taken may have increased the BAC to a higher level than when you were actually driving. - Challenge the accuracy of the standard field sobriety test
Bear in mind that in healthy individuals, the accuracy of the one-leg stand is only at 65%, and the accuracy of the walk-and-turn test is only at 68%.
Should I Get a Lawyer for My First DUI?
There are many ways on how to get your first DUI dismissed, and you ask yourself: Can you get your first DUI dropped? A very valid question is: Should I get a lawyer for my first DUI? The answer to that question is definitely yes. A first DUI lawyer is necessary, especially in the State of Illinois where a DUI conviction for the first time can result in a fine, license suspension, and can even include time in jail.
If you are going through a DUI charge for the first time, you are likely very scared because having a DUI conviction will affect your permanent record. You may have no idea of the gravity of the charges filed against you. DUI laws in the State of Illinois have become so strict, which is why you need legal assistance that is equipped with professional and skilled legal representation to assist you with your case.
Conclusion
With an experienced attorney, a first-time DUI offender may be able to lessen the impact of the DUI charges. If you are in Chicago and are facing DUI charges for the first time, the lawyers at Venditti Law Group, who are experienced criminal lawyers, will assist you in defending your case and assert a defense to your first DUI charge and will work to minimize the consequences of the conviction.
Venditti Law Group offers free consultations with a criminal defense lawyer and will provide you a legal representation from an experienced trial attorney. Schedule a free consultation with us today!