DUI.
The State of Illinois aggressively prosecutes driving under the influence charges. If you have been pulled over and charged with driving under the influence, you need to act quickly in order to protect your rights. You can be found guilty of driving under the influence if breath, blood, or urine tests reveal a blood alcohol content of .08 or higher or if you have any cannabis or methamphetamine present in your system. Driving under the influence is a crime that carries with it the potential for a jail sentence as well as fines. At a minimum, DUI charged as a Class A misdemeanor with a potential jail term of up to one year in jail and a fine of $2,500.00. The DUI statute is located at 625 ILCS 5/11-501.
What Happens if You have been Arrested for Driving Under the Influence – An Overview of Illinois Law
When a person is arrested for DUI, there are many things that happen. Several years ago, Illinois adopted new laws that make this one of the toughest states on DUI prosecution. There is a Statutory Summary Suspension and impounding of the vehicle in which the person arrested for DUI was driving for most DUI cases.
In Illinois, the first and possibly second DUI is frequently charged as a misdemeanor. If a person has been convicted of multiple DUIs, consisting of three or more in a driver’s history, then the charge will be a felony DUI. Some factors will be used to elevate a misdemeanor DUI to a felony DUI, including:
The driver being in an accident that caused a death or great bodily harm while under the influence;
The driver did not have a valid driver’s license at the time of the arrest;
The driver did not have any insurance at the time of the DUI citation;
The driver was driving under the influence with a child in the car (a minor under the age of 16) and the child was injured in an accident; or
If the driver was operating a school bus while under the influence.
With the changes that took effect in 2009, even a first time DUI conviction can lead to severe consequences. A Class A misdemeanor has a maximum penalty of a fine of $2,500.00 and up to a year in jail. However, most first time offenders will not go to jail unless they were involved in an accident while under the influence. It is possible to get court supervision, which is an alternative to a criminal conviction.
Court supervision is not possible for a second or third DUI conviction. And this DUI could result in a Class 2 or Class 4 felony, which can lead to a sentence of one to seven years in prison.
The Impact of Taking a Breathalyzer or Field Sobriety Test
If you are pulled over in Illinois for suspected DUI, the police officer is likely to ask you to exit the vehicle and may ask you to perform a field sobriety test or to blow into a breathalyzer. The officer is looking for evidence that will support a DUI case against you. Although you do need to exit the vehicle, you do not have to submit to the tests and can request an attorney and exercise your right to remain silent. A person who has refused the tests will face a longer suspension of his driver’s license, so there is a consequence to taking this action that must be considered. It is always easier to fight a DUI charge if these tests are refused.