Conditions for an Illinois DUI Arrest

Illinois DUI arrests are made in cases of impaired driving due to the influence of alcohol or drugs. An aggressive anti-DUI program has resulted in more than 50,000 yearly arrests on average.

Conditions Of Arrest:

When the BAC(blood alcohol level) of a driver is 0.8% or higher, he is legally drunk and it is illegal for him to drive. When the BAC is somewhere between 0.05% and 0.08%, and the behavior of the driver suggests impairment, an arrest may be made at the discretion of the police officer. It has been suggested that if the BAC in a person’s body is just 0.06%, his chances of being involved in an accident may double.

If the BAC in a person’s body is between 0.05% and 0.08% it does not lead to Statutory Summary Suspension. The penalties imposed in such a case would depend entirely on the outcome of the court case. Even if the BAC level is found to be 0.08 % and above, the arresting officer could simply suspend the driver's license of the individual for 180 days. If the officer finds that it is the person has already committed a first offense, then his driver's license would be suspended for one year. If the person is below 21 years old, his driver's license is suspended for two years.

Penalties:

A person can refuse to take a breathalyzer or urine test, and even refuse go for blood testing after a DUI Arrest is made. Such action might lead to heavy penalties under the Statutory Summary Suspension law. A person registering a BAC of more than 0.08% can receive a suspension of his driver's license for more than 180 days for first offense, and as long as 12 months for a second offense. When a person flatly refuses a BAC test, he may receive a suspension of his driver's license for one year, for the first time, and for three years if he refuses the test for the second time. Stiffer penalties are given to those who hold a commercial driver’s license in Illinois. The commercial drivers are given suspension periods decided by the court in addition to the above suspensions.

Substantial financial and other penalties are imposed on drivers who are convicted of drunken driving. Since the penalties for a DUI conviction are very severe, people often engage attorneys who specialize in DUI cases. Costs can run as high as $14,000 and more on a DUI conviction. In some cases a conviction may lead to the revocation of the driver’s license for a lifetime, a prison sentence of three years and even fines of up to $25,000.

Illinois has an agreement with other states on a reciprocal basis. If someone is found to be driving under the influence of alcohol outside the state of Illinois, and then refuses to stop at a traffic stop elsewhere for the purpose of testing, it will lead to a suspension of his driver's license in Illinois.