Types of DUI Charges We Defend
DUI law in Illinois covers dozens of different charges and violations, each with unique defenses and consequences. We defend every type of DUI case.
Primary DUI Charges - 625 ILCS 5/11-501
The foundation of Illinois DUI law, these charges carry serious penalties including license revocation, jail time, and permanent criminal records.
Core DUI Violations:
- 625 ILCS 5/11-501(a)(1) - DUI with BAC of 0.08 or more
- 625 ILCS 5/11-501(a)(2) - DUI under influence of alcohol (impairment standard)
- 625 ILCS 5/11-501(a)(3) - DUI under influence of intoxicating compounds
- 625 ILCS 5/11-501(a)(4) - DUI under influence of drugs
- 625 ILCS 5/11-501(a)(5) - DUI under combined influence of alcohol and drugs
- 625 ILCS 5/11-501(a)(6) - DUI with controlled substances in system
- 625 ILCS 5/11-501(a)(7) - Cannabis DUI with THC concentration
Enhanced DUI Penalties:
- 625 ILCS 5/11-501(c)(3) - DUI with child under 16 passenger
- 625 ILCS 5/11-501(c)(4) - First DUI with BAC 0.16+
- 625 ILCS 5/11-501(c)(5) - Second DUI with BAC 0.16+
Aggravated DUI Felonies:
- 625 ILCS 5/11-501(d)(1)(A) - Third DUI Offense (Class 2 felony)
- 625 ILCS 5/11-501(d)(1)(B) - DUI while driving school bus with passengers
- 625 ILCS 5/11-501(d)(1)(C) - DUI causing great bodily harm
- 625 ILCS 5/11-501(d)(1)(D) - DUI with prior reckless homicide conviction
- 625 ILCS 5/11-501(d)(1)(E) - DUI in school zone causing bodily harm
- 625 ILCS 5/11-501(d)(1)(F) - DUI causing death
- 625 ILCS 5/11-501(d)(1)(G) - DUI while license suspended for DUI
- 625 ILCS 5/11-501(d)(1)(H) - DUI without valid license
- 625 ILCS 5/11-501(d)(1)(I) - DUI driving uninsured vehicle
- 625 ILCS 5/11-501(d)(1)(J) - DUI causing bodily harm to child passenger
- 625 ILCS 5/11-501(d)(1)(K) - Second DUI while transporting child
- 625 ILCS 5/11-501(d)(1)(L) - DUI while driving for-hire vehicle
Administrative and Chemical Testing Charges
These violations can destroy your driving privileges even before criminal court proceedings begin.
Statutory Summary Suspension
- 625 ILCS 5/11-501.1 - Automatic suspension for test refusal or failure
- 46-day deadline to fight
Chemical Testing Violations:
- 625 ILCS 5/11-501.2 - Chemical testing procedures and administrative penalties
- 625 ILCS 5/11-501.5 - Preliminary breath screening test violations
- 625 ILCS 5/11-502 - Implied consent violations
Extended Suspension for Accident Test Refusal
- 625 ILCS 5/11-501.6 - 3-year minimum suspension when accidents involve injury/death
- Harshest administrative penalties in Illinois
Mandatory License Revocation
- 625 ILCS 5/6-205 - Automatic license loss upon DUI conviction
- Complex restoration requirements
Supervision and Monitoring Violations:
- 625 ILCS 5/11-501.9 - Supervision violations for DUI
Commercial Driver Violations
Special charges that destroy commercial driving careers and high-paying transportation jobs.
CDL Disqualification
- 625 ILCS 5/6-514 - Career-ending consequences for commercial drivers
- Lifetime disqualification for repeat offenses
Commercial Vehicle DUI (0.04 BAC)
- 625 ILCS 5/6-515 - Lower threshold creating unfair double standards
- Equal penalties for unequal conduct
Related CDL Charges:
- 625 ILCS 5/6-303.1 - Aggravated driving while CDL suspended/revoked
Device and Permit Violations
Charges that affect people trying to comply with court orders and maintain limited driving privileges.
BAIID Permit Violations
- 625 ILCS 5/11-501.4 - Criminal charges when breath devices malfunction
- Technical violations destroying work permits
Unlawful Use of Restricted Driving Permit
- 625 ILCS 5/6-206 - Violations of permit terms eliminating all driving privileges
- Emergency situations creating criminal liability
Driving While License Suspended for DUI
- 625 ILCS 5/6-303 - Escalating charges that become felonies
- Prison time for transportation needs
Related Device and Permit Charges:
- 625 ILCS 5/6-206.1 - Restricted driving permit violations
- 625 ILCS 5/6-208.1 - Monitoring device tampering/circumvention
Accident and Death Cases
The most serious DUI charges involving tragedy and lifetime consequences.
Leaving Scene of Accident with Injury/Death
- 625 ILCS 5/11-401 - Felony hit-and-run charges
- Prison time and civil lawsuit exposure
Reckless Homicide (DUI Death)
- 720 ILCS 5/9-3 - When DUI accidents cause death
- Years in prison and lifetime consequences
Related Serious Charges:
- 720 ILCS 5/11-19 - Vehicular invasion (when combined with DUI)
Reduced and Alternative Charges
Sometimes the best outcome is negotiating DUI down to lesser charges with fewer consequences.
Reckless Driving (DUI Reduction)
- 625 ILCS 5/11-503 - Often the best possible outcome when DUI can't be beaten
- Avoids license revocation and DUI stigma
Unlawful Transport of Alcohol
- 625 ILCS 5/11-504 - Open container violations often charged with DUI
- Criminal records from technical violations
Age-Related DUI Charges
Special violations targeting young drivers with enhanced penalties and educational consequences.
Zero Tolerance - Under 21 DUI
- 625 ILCS 5/11-501.8 - Any detectable alcohol creates criminal charges
- College and career plans threatened
Underage Consumption/Possession
- 235 ILCS 5/6-20 - Criminal charges affecting education and scholarships
- Permanent records from typical college behavior
Recreational Vehicle DUI
DUI law extends beyond cars to all types of vehicles and recreational activities.
Boating Under the Influence (BUI)
- 625 ILCS 45/5-16 - Same penalties as road DUI for watercraft operation
- Maritime and recreational consequences
Related Recreational Vehicle Charges:
- 625 ILCS 40/5-7 - Snowmobile/ATV under the influence
Professional License Discipline
DUI convictions can destroy professional careers and licenses across multiple industries.
Healthcare Professional Consequences:
- 225 ILCS 25/22 - Nursing license discipline for DUI
- 225 ILCS 60/22 - Medical license discipline for DUI
Education Professional Consequences:
- 225 ILCS 10/8 - Teacher license discipline for DUI
Additional Technical and Administrative Charges
Specialized violations that create unique defense challenges and consequences.
Technical Testing Violations:
- 625 ILCS 5/11-501.01 - Additional chemical testing requirements
Our Comprehensive Defense Strategy
Every DUI case is different, but our approach combines aggressive criminal defense with protection of your driving privileges, career, and future opportunities.
As a former DuPage County prosecutor who handled thousands of DUI cases, I know how the system works and what it takes to win. We use that insider knowledge to build defenses that protect our clients' futures.
Our approach: Fight every charge aggressively while minimizing consequences and protecting what matters most to you and your family.
12-Point Comprehensive DUI Defense Strategy
1. Immediate Case Analysis and Evidence Preservation
- Complete case review within 24 hours of contact
- Evidence preservation notices to police and prosecution
- Witness identification and interview scheduling
- Timeline construction of events before, during, and after arrest
2. Constitutional and Police Procedure Challenges
- Traffic stop validity - challenging lack of reasonable suspicion
- Detention legitimacy - attacking extended investigative detention
- Search and seizure violations of Fourth Amendment rights
- Miranda rights compliance and statement admissibility
3. Scientific Evidence and Testing Attacks
- Breath test reliability - machine maintenance, calibration, and operator error
- Blood test accuracy - chain of custody, lab procedures, and contamination
- Field sobriety tests - standardization, administration, and medical factors
- Expert witness testimony challenging prosecution science
4. Medical and Physiological Defenses
- Medical conditions affecting coordination and test results
- Prescription medications interacting with alcohol or mimicking impairment
- Dietary factors and medical conditions causing false positives
- Physical disabilities affecting field sobriety test performance
5. License Protection and Administrative Defense
- Administrative hearing requests within critical deadlines
- Driving privilege preservation during case proceedings
- Work permit applications for employment necessity
- Professional license protection for licensed professionals
6. Charge Reduction and Alternative Sentencing
- Negotiated reductions to non-DUI charges when possible
- Court supervision advocacy for first-time offenders
- Treatment programs as alternatives to jail time
- Community service and education in lieu of harsh penalties
7. Career and Professional License Protection
- Employment coordination to minimize job impact
- Professional licensing board communication and defense
- Security clearance protection for government employees
- Commercial driver career preservation strategies
8. Family and Personal Consequence Minimization
- Insurance impact reduction and SR-22 guidance
- Family hardship documentation for court consideration
- Child custody protection from criminal charges
- Immigration consequence awareness and mitigation
9. Trial Preparation and Courtroom Excellence
- Jury selection strategies for DUI cases
- Cross-examination of police officers and expert witnesses
- Defense witness preparation and presentation
- Closing argument focusing on reasonable doubt
10. Post-Conviction Relief and Appeals
- Sentence modification motions when appropriate
- Appeal preparation for constitutional violations
- Expungement eligibility planning for future relief
- Restoration assistance for licenses and privileges
11. Addiction and Treatment Coordination
- Voluntary treatment as mitigation evidence
- Professional evaluation and recommendation coordination
- Treatment compliance monitoring and court reporting
- Long-term recovery support and planning
12. Future Protection and Life Rebuilding
- Record protection strategies for employment and education
- Professional development planning post-conviction
- Insurance restoration and cost minimization
- Family relationship repair and strengthening
The comprehensive advantage: DUI defense requires attacking every aspect of the prosecution's case while building strong mitigation that shows you deserve a second chance.
Why Choose McMahon Law Offices for Your DUI Defense
DUI defense requires attorneys with the experience, knowledge, and commitment to fight for your freedom and future.
Former Prosecutor Insider Knowledge
During my decade as a DuPage County prosecutor, I handled thousands of DUI cases and learned exactly how the system works. I know:
- How prosecutors evaluate cases for strength and weaknesses
- What evidence police need to prove their case
- Which judges are tough on DUI and which consider mitigation
- How to negotiate favorable plea agreements
- What it takes to win at trial
Proven Track Record of Results
Over 1,000 DUI cases defended with consistent results:
- Dismissals through constitutional challenges
- Acquittals at trial through reasonable doubt
- Charge reductions to avoid DUI conviction
- Court supervision protecting criminal records
- Sentence minimization protecting careers and families
Comprehensive Legal Team
Our team includes:
- Former prosecutor with insider knowledge
- Former judge understanding court procedures
- Expert witnesses in forensic science and toxicology
- Administrative specialists for license hearings
- Treatment coordinators for addiction issues
24/7 Availability and Immediate Response
DUI cases move quickly with critical deadlines:
- 24/7 availability for emergency consultations
- Immediate response to preserve evidence and rights
- Same-day jail release assistance
- Emergency hearings for license protection
Client-Centered Approach
Every case receives:
- Personal attention from experienced attorneys
- Regular communication about case progress
- Honest assessment of strengths and weaknesses
- Strategic planning tailored to your specific situation
- Compassionate support through difficult times
Our commitment: We fight every DUI case with the same intensity and dedication, because we understand that your future depends on the outcome.
Our Philosophy and Commitment
We believe that everyone deserves aggressive defense and a second chance, regardless of the charges they face.
At McMahon Law Offices, we believe:
- Everyone makes mistakes - one bad decision shouldn't destroy your entire future
- Aggressive defense is essential - the prosecution has unlimited resources, and you deserve equal representation
- Constitutional rights matter - police must follow the law, and violations should result in case dismissal
- Families suffer too - DUI charges affect innocent family members who depend on you
- Addiction is a disease - people with drinking problems deserve treatment, not just punishment
- Employment matters - protecting your career protects your family's future
- Second chances work - people can learn from mistakes and become better citizens
We fight not just for legal victories, but for outcomes that let you rebuild your life and take care of your family.
The comprehensive reality: Illinois DUI law creates dozens of ways to face criminal charges, license suspension, and career destruction. Each type requires specialized defense strategies to protect your future.
Immediate Action Steps
DUI cases have critical deadlines that can destroy your rights forever - immediate action is essential to protect your freedom, license, and future.
What to Do RIGHT NOW:
- Contact an attorney immediately - DUI cases move quickly with deadlines that eliminate rights
- Don't discuss your case with anyone except your lawyer
- Preserve all evidence - receipts, witness information, medical records
- Don't drive if your license is suspended or you have pending charges
- Request administrative hearing within 46 days to fight license suspension
What NOT to Do:
- Don't admit guilt to police, prosecutors, or family
- Don't assume the case is hopeless
- Don't hire the cheapest attorney - your future depends on quality representation
- Don't miss court dates - warrants and additional charges result
- Don't drive on suspended license - this creates new criminal charges
Critical Deadlines:
- 46 days to request administrative hearing for license suspension
- 21 days to file motions challenging evidence
- 30 days for various constitutional challenges
- Court dates cannot be missed without serious consequences
Your future depends on immediate action - call us now at 630-953-4400 before critical deadlines pass and destroy your rights forever.
Frequently Asked Questions
Get essential information about DUI charges and what to expect from the legal process.
About DUI Charges
Q: How serious are DUI charges really?
A: Very serious - DUI can result in jail time, license revocation, job loss, and permanent criminal records affecting your future.
Q: Should I have refused the breath test?
A: It depends on your situation - refusal creates automatic license suspension but can sometimes help the criminal case.
Q: Can I beat my DUI case?
A: Many DUI cases are won through constitutional challenges, technical defenses, and aggressive representation.
Legal Process
Q: What happens at my first court date?
A: Arraignment where charges are read and you enter a plea - always plead not guilty to preserve your rights.
Q: How long does a DUI case take?
A: Cases typically take 3-6 months, but complex cases or trials can take longer.
Q: Should I get a lawyer or use a public defender?
A: Private attorneys provide more time, resources, and personal attention for better outcomes.
Consequences
Q: Will I go to jail?
A: Jail is possible but not automatic - experienced attorneys can often negotiate alternatives.
Q: Will I lose my job?
A: Depends on your employer and position - we work to minimize employment consequences.
Q: How much will this cost?
A: Legal fees vary, but the cost of conviction is usually much higher than defense costs.
Facing DUI charges? Call us immediately at 630-953-4400 for aggressive defense that protects your future.
Contact McMahon Law Offices
When DUI charges threaten your freedom, license, and future, you need attorneys who fight for every client with the same intensity and dedication.
Comprehensive DUI Defense for All Charges
When you're facing any type of DUI charge in DuPage County, you need attorneys who understand that your entire future depends on the outcome. We've defended over 1,000 DUI cases and know what it takes to win.
Call Now: 630-953-4400
Email: [info@mcmahonlegal.net]
Visit: 2150 McDonald Drive, Oak Brook, Illinois, 60523
Available 24/7 for emergency legal assistance
Don't let DUI charges destroy your freedom, career, and future. Our experienced DuPage County criminal defense attorneys know how to fight every type of DUI charge and protect what matters most to you.
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