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Driving Under the Influence of Alcohol

Within 90 days of receiving notice of the suspension, the accused may file a Petition to Rescind with the Circuit Court, asking that he or she be given a hearing to determine whether or not the suspension of his or her driver's license should be removed.  There are very important timelines associated with filing such a petition and having that petition heard. 


Call (815) 893-0020 for more details.

Your driver’s license will automatically be suspended if you arearrested for DUI on a public highway and either:


1)   You submit to a chemical test (Breath, Blood or Urine) which reveals an alcohol concentration of 0.08 or greater; or


2)    You refuse to submit to a chemical test.


This suspension is separate from your criminal case and usually begins on the 46th day after your arrest.  The length of the suspension may vary depending upon the driver's history and the basis for the suspension. 

The Civil Component

You do not have to prove your innocence. In order for you to be found guilty the state must prove every element of the offense beyond a reasonable doubt. You are entitled to a trial by jury or a bench trial, where the judge takes the place of the jury.  If you are convicted of the criminal offense, the Secretary of State will be required to revoke your driver's license.

The Criminal Component

The offense of Driving Under the Influence of Alcohol 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, depending on the circumstances and your criminal background. 


Almost every arrest for DUI also involves a civil component consisting of a suspension of the driver's license.