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DUI in Illinois

DWI in Illinois

Illinois drivers charged with DUI or driving under the influence face a variety of very serious penalties. If you have been arrested for DUI it is important to consider hiring an Illinois DUI lawyer. A DUI attorney may not be able to eliminate all of the penalties from the DUI, but they can do their best to minimize them.

DUI lawyers understand Illinois DWI laws and courtroom procedures. Having a great DUI defense attorney can help you get a more favorable outcome for your DUI case. Most DUI attorneys offer a free initial consultation to review the DUI charges. Call a DUI lawyer today for help. Do not wait. There are several steps which should be taken immediately after a DWI arrest and an Illinois DUI lawyer can help.

What is a DUI?
In the state of Illinois, a driver is considered intoxicated and can be charged with a DUI if they are:

  1. Operating a motor vehicle with a blood or breath concentration of 0.08%
  2. Under the influence of any type of legal or illegal substance (including alcohol) which makes it impossible for them to operate a vehicle safely
  3. A driver is operating a motor vehicle with any level of marijuana in their system

Penalties for DUI in Illinois

First offense
Drivers who are convicted of a DUI for the first time are charged with a misdemeanor. Additional penalties include:

  • Required to pay a fine up to $1,000
  • Mandatory attendance at a Victim's Panel
  • Probation for 1- 2 years
  • Required jail sentence for a minimum of 2 days with a maximum of 6 months
  • Suspended driving privileges for a minimum of 180 days
  • Mandatory alcohol evaluation

Second offense
  • Required to pay a fine up to $2,000
  • Probation for 2 years
  • Mandatory installation of an Ignition Interlock Device
  • Required jail sentence for a minimum of 10 days up to a maximum of 1 year
  • Suspended driving privileges
  • Mandatory alcohol evaluation

Third offense
Drivers who are arrested a third time for an Illinois DUI are charged with a felony. They are also:
  • Required to pay a fine up to $5,000
  • Mandatory felony probation
  • Required jail sentence for a minimum of 30 days to a maximum of 5 years
  • Suspended driving privileges for one year to five years
  • Mandatory alcohol evaluation

The following circumstances can escalate a DUI to aggravated DUI which is a Class 4 Felony

  • Third DUI offense
  • The driver is under the influence while driving a school bus
  • The DUI caused the death of another person
  • The driver is charged with DUI and the car accident caused harm or permanently disabled another person
  • It is the second DUI and a previous DUI resulted in a conviction of reckless homicide for the intoxicated driver.
  • The DUI occurred in a school zone during school hours and the driver had committed a previous DUI which caused personal injury to another individual

What affects my blood alcohol concentration?
An Illinois driver's BAC can be affected by the amount of alcohol consumed, the driver's weight and height and the amount of time which has passed before the test is administered. Drivers who have not eaten food also may have a higher BAC.

I was unconscious but they did a chemical test anyway, is this allowed?
If you have a valid Illinois driver's license you have given your "implied consent" to submit to a chemical test if you are arrested for DUI. The chemical test can be a blood, urine or breathing test. An Illinois DUI lawyer can review the conditions of your BAC test and determine if anything illegal occurred.

My license was revoked, how is this different than a suspension?
If your license was revoked this means your driving privileges have been taken away. A suspension is a temporary loss of driving privileges. The courts will determine the length of time for all driving suspensions and revocations.