DUI in Illinois
Driving under the influence of drugs or alcohol (DUI) is a serious charge in Illinois. DUI convictions can come with lifelong consequences; as such, if you are charged with a DUI you should contact a skilled drunk driving defense lawyer as soon as possible.
Illinois DUI Law
Illinois law prohibits drivers from driving while impaired by drugs or alcohol. Specifically, it is illegal to drive with a blood alcohol content above .08. You can also be cited for a DUI if your BAC is between .05 and .08 and the officer believes you are intoxicated due to your behavior. While every person is different and there are many factors that affect BAC, the rule of thumb is that for an average sized man, one 12 oz. regular beer, five-ounce glass of wine, or one-and-a-half-ounce shot is equal to .02 BAC and bodies usually metabolize alcohol at the rate of .02 per hour. Some BAC calculators exist that allege to give you a more specific calculation; however, the safest and surest way to avoid driving while impaired and the consequences that come with a DUI is to never drink and drive.
With substances, other than alcohol it can be more difficult to prove intoxication, but officers can use circumstantial evidence and/or field sobriety tests. For example, if a police officer pulls someone over and they smell marijuana and notice the driver has glassy and red eyes, that person may be cited for driving under the influence.
Penalties and Consequences
The penalties for DUI depend on if you have been convicted of DUIs in the past. Each subsequent DUI after the first one comes with harsher and harsher penalties.
- First DUI – A first DUI does not come with a mandatory jail sentence, but drivers can be imprisoned for up to a year. They also may face a fine of up to $2,500 and the loss of license for one year.
- Second DUI – If the second DUI comes within 20 years of the first DUI, the driver will mandatorily lose their license for five years. They will also be subject to mandatory imprisonment of five days (or 240 hours of community service) but can be sentenced for up to a year. Finally, there is also a maximum fine of $2,500.
- Third DUI – A third DUI is a class two felony and comes with very severe consequences including mandatory periodic imprisonment for 18-30 months, and imprisonment for up to seven years, along with losing driving privileges for ten years, and a maximum fine of $25,000.
- Aggravated DUI – If there is a crash caused by a drunk driver that results in disfigurement or great bodily harm it is an aggravated DUI. Penalties are imprisonment for up to 12 years (including a mandatory 10 days imprisonment, or 480 hours community service), at least a one-year loss of license, and a fine of up to $25,000.
Contact Naperville, Illinois Drunk Driving Attorneys Today
Since DUI is such a serious charge, it is especially important that you contact a knowledgeable drunk driving attorney as soon as possible after you are charged. Contact our passionate Naperville drunk driving attorneys at Donahue, Sowa & Magana today.