DUI / Drunk Driving

Award Winning DUI Attorney John D. Ioakimidis

If you have a DUI case that is pending in Chicago, Cook County, Lake County, or DuPage County, your goal is to avoid a criminal conviction and keep your driver's license. The Prosecutor's focus is to get a conviction and suspend your driving privileges. Fortunately, you have many rights under Illinois law. DUI attorney John D. Ioakimidis has over 23 years of experience defending DUIs. His success has earned him recognition as a top DUI lawyer by several national organizations, including;

  • "Top 1.5%" of attorneys in the US byThe American Society of Legal Advocates;
  • "Superb" rating by Avvo - it's highest ranking;
  • "Top 100" by the National Trial Lawyers;
  • "Best Criminal Defense Lawyers in Chicago" by Expertise;
  • "10 Best" by American Institute of Criminal Law Attorneys; and
  • "Top 20" national criminal law blog by Feedspot.

It takes great legal skill and in-depth knowledge of the DUI laws to get the result you want in a DUI case. Having a strong defense and a seasoned DUI attorney by your side that knows the rules is imperative to your success. If you have a case in Chicago, Cook County, Lake County, or DuPage County, call us for a free consultation with top rated DUI lawyer John D. Ioakimidis.

What is a DUI for Alcohol in Illinois?

It is against the law in Illinois to drive a car or other motor vehicle under the influence of alcohol If the police officer determines that your driving was impaired because of alcohol, you will be charged with a DUI regardless if you agree to take the breathalyzer test. If you do take the breathalyzer test, and your blood alcohol content (BAC) is over .08, you will be charged with a DUI. Even if the breathalyzer test measures a BAC level between .05 and .08, the police officer can still charge you with a DUI if evidence exists that you were impaired while driving. If you fail or refuse the breathalyzer test, the Secretary of State will suspend your driver’s license 46 days following your arrest. The term that is used regarding the driver’s license suspension is Statutory Summary Suspension.

What is DUI for Cannabis in Illinois?

You are not allowed to drive in Illinois if you have five or more nanograms of THC in your blood or ten or more nanograms of THC in your saliva. If you refuse or fail the test, your driver's license will be scheduled by the Secretary of State to be suspended 46 days following your arrest. The period of suspension is called Statutory Summary Suspension.

Can I Reverse or Rescind my Driver's License Statutory Summary Suspension?

Yes, in certain circumstances. Illinois law allows the Secretary of State to suspend your Driver's License 46 days after your arrest. There are specific rules and case law that applies to Statutory Summary Suspensions, and if the police or the State do not follow them, your driver's license can be reinstated. Top rated DUI lawyer John D. Ioakimidis have been successful in reversing Statutory Summary Suspensions and restoring his client's driving privileges for over 23 years in Chicago, Cook County, DuPage County and Lake County.

What is Statutory Summary Suspension?

Statutory Summary Suspension is the way the Illinois Secretary of State begins the process of suspending your driver's license if you fail or refuse the breathalyzer or chemical test. For a DUI for alcohol, you license will be suspended if your Blood Alcohol Content (BAC) is .08 or greater. When the DUI is for Cannabis, your license will be suspended if you have you have 5 nanograms of THC in your blood, or 10 nanograms or more of THC in your saliva.

If you fail the breathalyzer or chemical test, the Secretary of State will suspend your license for six months if it’s your first DUI. If it's your second DUI, you will be looking at a twelve-month suspension of your license. On the other hand, if you refuse to submit to a chemical or breathalyzer test and it's your 1st DUI offense, you will be facing a twelve-month driver's license suspension. Further, if you refuse to submit to a breathalyzer or chemical test and it's your second DUI offense, you will be facing a mandatory 36-month suspension of your license. You are considered a "first offender" so long as you have no convictions, court supervision, or a DUI reduced to Reckless Driving within five years from the date of your current DUI suspension.

The process to reverse your Statutory Summary Suspension starts by filing a Petition to Rescind Statutory Summary Suspension with the Court. The Petition to Rescind is filed as quickly as possible because if the State is not ready to proceed to a hearing within 30 days of filing, the Court will order that the Secretary of State to rescind the suspension. If the Petition to Rescind goes to a hearing, the Court will order the Secretary of State to rescind the Statutory Summary Suspension after winning the Petition to Rescind.

Can I Drive If my License Gets Suspended?

Yes. For first time offenders, you can apply for a Monitoring Device Driving Permit (MDDP) and have a BAIID device installed in your car during the suspension period. Upon entering your car, you blow into the BAIID device, and you can then start your car if you haven't been drinking. The BAIID device also requires periodic tests while the car is running. If you fail the test while the vehicle is running, the vehicle will continue running but the horn will start blowing, and lights will start flashing to alert police officers of the situation. After you complete your suspension period, you can remove the BAIID device and reinstate you driver's license.

The process of getting a BAIID device installed in your car begins by receiving an application in the mail from the Secretary of State for an MDDP permit. You then complete the permit application and mail it back to the Secretary of State. Once approved, you have 14 days to arrange to have the BAIID device installed in your car. The MDDP takes effect 31st days after your driver's license suspension.

What are the Criminal Penalties for a DUI?

The key is to avoid a criminal conviction. A DUI is considered a Class A misdemeanor with a potential jail sentence of up to one year in jail and a fine of $2,500.00. Prison sentences are usually for repeat offenders with multiple DUI convictions. For first offenders, you can avoid a conviction and be placed on Court supervision. Once you complete Court Supervision, your DUI is dismissed by the Court. Court supervision is not a criminal conviction and it will not cause your license to be suspended or revoked. If a person is injured or if you didn't have insurance, the case may be upgraded to a felony.

What are the Penalties if you have a Commercial Driver's License (CDL)?

If you have a Commercial Driver's License (CDL), it will be affected even if you are arrested for a DUI while driving a personal car. If you refuse or fail the breathalyzer test, you will receive a one-year suspension of your CDL if it’s your first DUI offense. On a second DUI, your CDL license is suspended or life.

Trusted and Effective DUI lawyer

With over 23 years of experience, DUI attorney John D. Ioakimidis understands the DUI laws and procedures throughout the various courthouses in Chicago, Cook County, Lake County, and DuPage County and stays up to date with the never-ending changes. In a DUI case, it not just about winning your DUI case, but also, to preserve your driving privileges. DUI lawyer John D. Ioakimidis has earned several national recognitions as a top lawyer; including;

  • "Top 100" by the National Trial Lawyers;
  • "Top 1.5%" of attorneys in the US by The American Society of Legal Advocates;
  • "Superb" rating by Avvo - it's highest ranking;
  • "Best Criminal Defense Lawyers in Chicago" by Expertise; and
  • "Top 10" national criminal law blog by Feedspot.

If you are facing DUI charges in Chicago, Cook County, DuPage County, or Lake County, call us to confidentially discuss your case for free with one of the best criminal defense attorneys in Illinois – John D. Ioakimidis.

Chicago Criminal Defense Lawyers Blog - DUI
Client Reviews
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I highly recommend attorney John Ioakimidis. You have no need to fear when John is in your corner. He is honest and cares about his clients. When in need, call John.
★★★★★
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John Ioakimidis is a very knowledgeable attorney, he is always available and really cares about his clients. He is kind and returns his phone calls promptly. I highly recommend John Ioakimidis. E.I.
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