In Illinois, a DUI conviction follows a person for years. The fines are real, but they are the smallest part of the consequence. A first DUI is a Class A misdemeanor with up to one year in jail, a one year driver's license suspension, mandatory alcohol evaluation, and a permanent criminal record. A second DUI carries mandatory jail time. A third is a Class 2 felony.
For drivers with commercial licenses, professional licenses, or any non-citizen drivers, those statutory penalties are only the beginning. A DUI can end a career and trigger immigration consequences that the arresting officer never mentioned.
What the law actually says.
Illinois prohibits operating a vehicle with a blood alcohol concentration of 0.08 or higher, or while impaired by alcohol or any drug to a degree that renders safe driving unsafe. The same statute reaches prescription medications and cannabis. A driver under 21 can be charged at any detectable BAC. A commercial driver is held to a 0.04 standard.
Refusal to submit to chemical testing triggers a separate civil suspension under the statutory summary suspension law, even if the underlying DUI charge is later dismissed.
Where DUI cases are actually won.
Scott Gordon does not approach a DUI as a foregone conclusion. The first review focuses on the stop itself: was there reasonable suspicion to pull the vehicle over, was the detention prolonged beyond what the stop justified, were field sobriety tests administered correctly, was the breath machine certified and in proper working order on the date of the test, was the operator certified to administer it.
Many DUIs in this firm have been resolved favorably because of issues identified in the police report that the prosecutor never noticed.
Immigration consequences for non-citizen drivers.
A single DUI is generally not a deportable offense for lawful permanent residents, but multiple DUIs, DUIs involving accidents, or DUIs combined with other charges can trigger removal. For applicants for naturalization, even a single DUI within the good moral character period can delay or bar an application. Because Scott handles both criminal and immigration matters, every plea offer is evaluated against both consequences.
What to do right now.
If you have just been arrested or released after a DUI arrest, do not contact the arresting officer, do not post about the case online, and do not delay in retaining counsel. The statutory summary suspension takes effect 46 days after notice, and a petition to rescind it must be filed in time. Call (312) 849-5900.
Who This Is For
- First-time DUI arrests in Cook or Lake County
- Repeat DUI charges, including aggravated DUI
- DUI involving an accident or injury
- Non-citizen drivers concerned about immigration consequences
- Commercial drivers facing CDL exposure
Why Work With This Firm
- Detailed forensic review of the stop, tests, and breath machine
- Immigration impact considered before any plea
- Statutory summary suspension hearings handled in time
- Direct attorney access at every court date
- Cases prepared for trial from the first meeting