Legal Question in DUI Law in Illinois

Sentencing Based on Law in Effect on Date of Arrest

My husband was arrested for DUI in Illinois, November 2008. He failed the breathalizer and is planning to plead guilty. His court date is in January 2009.

Will his sentence be based on the law in effect on the date of his arrest, or the new DUI law in Illinois that takes effect 1/1/09? The new law carries heavier penalties.


Asked on 12/07/08, 4:27 pm

1 Answer from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

Re: Sentencing Based on Law in Effect on Date of Arrest

Why would your husband even consider pleading guilty? Does he have any idea of the consequences that will follow? If he has not already hired an attorney to explain things to him then he should do so immediately.

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Answered on 12/07/08, 9:26 pm


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