First Time DUI
At the Law Office of Paul M. Marriett we have the skills and resources to help a motorist charged with a Rockford, or other Illinois based first time DUI related offense. An arrest does not need to mean a loss of a job, loss of freedom, or even a loss of driving privileges.
This is an overview of the maximum possible penalty, and sentencing issues associated with a Rockford, or other Illinois based first offense.
Illinois First time DUI
- Class A misdemeanor punishable by up to a year in jail, and up to a $2,500.00 fine + court costs
- No mandatory minimum unless a BAC over .16 is obtained in which case 100 hours of public service work is mandatory if a plea or finding of guilt is rendered under the 625 ILCS 5/11-501(a)(1) statute.
- Typically, if someone DOES provide a breath sample they will be charged with two offenses. First, the breath, blood, or urine result over a .08 (a)(1), and second (a)(2) which is the belief that the officer had that you were under the influence of alcohol. (note there are 7 basis for a DUI related charge in Illinois, but for purposes of this guide we’ll simply be operating under alcohol based charges because it doesn’t change the overall math associated with mandatory minimums, or statutory law changes with multi-time offenses).
- Statutory Summary Suspension (if not rescinded) causing a 6 month license suspension if a breath, blood, or urine result is obtained over a .08. or a 12-month license suspension if a sample is refused by the client.
- No mandatory jail time.
- Eligible for court supervision (avoids a conviction, stays off of your insurance, the criminal cause is dismissed at the end, and you do NOT need to say you have been convicted if ever asked for job, or professional related reasons).
- You can only have supervision for a DUI or Reckless Driving related offense once. If you have a prior from a different State, the Illinois criminal code “look back” period is forever. Even if you have a prior from 1980 in Colorado, an offense in 2023 in Illinois would be considered a second offense if you plead guilty to or were convicted in your first case.
**Possible amendments. If you hold a CDL/Commercial driver’s license, your license can not only be suspended, but your operating privileges as a professional driver can be revoked, taking away your livelihood. Be aware as with all moving violations under the Illinois Compiled Statutes will result in “points” being assessed against a commercial license. Even a DUI arrest has much harsher consequences for a driver, than a standard DUI arrest would have for a noncommercial driver. In some cases, prosecuting entities will negotiate slightly more leniently for a commercial driver in some specific instances.
First Time DUI
If you or a loved one is facing a first DUI, or first-time reckless driving and you would like a free, no hassle, detailed consultation about how this kind of a case can impact their rights both in the courtroom, and on the roadway, call or text message the Law Office of Paul M. Marriett at 815-391-0089, or via email 24/7/365 at Paul@marriettlegal.com
Rockford DUI lawyer Paul M. Marriett has handled thousands of criminal defense law cases. We defend the accused against all types of DUI / DWI accusations and charges – experience and results matter – call TODAY for help and a FREE CONSULTATION!