Understanding Illinois DUI Law and Penalties

Drunk driving or DUI is considered to be a severe offense in the state of Illinois. The law enforcement agencies arrest around 50,000 individuals on charges of violating the Illinois DUI law every year, for driving under the influence of alcohol or drugs. Driving after consumption of prescribed drugs resulting in an enhanced blood alcohol concentration level is also treated as cases of DUI under the laws of Illinois. Crossing the boundaries of Illinois will not improve matters either. The state of Illinois has an arrangement of reciprocation with most of its neighboring states and driving under the influence outside the geographical limits of Illinois will jeopardize your driving privileges within the state too. The statistics, facts as well as important information about the DUI offenses in the state of Illinois can be viewed at http://www.ecusd7.org/ehs/sro/DUI%20Fact%20Sheet.pdf which contains the facts of DUI from the secretary of state.

Blood Alcohol Concentration

The limit for the blood alcohol concentration level is set at 0.08% and you are liable to be arrested on DUI charges if you are found to be driving with a BAC level exceeding the set limit. The immediate action of a law enforcement officer will be to suspend your driving license for a period of 180 days. You may still be allowed to drive for the initial 45 days following suspension as the judicial system of the state of Illinois gives you time to prepare for the up coming trial in court. The suspension becomes effective on the 46th day and you will have to refrain from driving until the outcome of your trial in a court of law. Your license will also be suspended for a total period of a year after being convicted of violating Illinois DUI Laws which can go up by an additional year if you are under the age of 21. You may also be booked on similar charges if your blood alcohol level is found to be hovering between the ranges of 0.065 to 0.08%. Such a charge will depend on the discretion of the law enforcement official responsible for arresting you on DUI charges. A lower BAC level (0.04%) is also considered as an offense in case of drivers entrusted with the responsibility of driving commercial vehicles.

Implied Consent Laws

Testing of blood, urine and breath are considered to be necessary for finding out the percentage of alcohol within the body. Although you have the legal right to refuse being subjected to such a test, the State of Illinois has several punitive measures in place for individuals who with withhold their consent.  Driving privileges are suspended by the authorities in such circumstances with the first instance of refusal leading to a temporary withdrawal of the driver’s license for a period of one year. You will have to face a greater penalty of suspension of the license by three years if you refuse to subject yourself to a blood, breath or urine analyzing test for detecting the presence of alcohol.

Ignition Interlock Devices

An ignition interlock device is required to be installed in your vehicle by law if you have been convicted of a DUI offense before. The device checks your breath for traces of alcohol even before you get round to driving your car. The measuring device ceases to operate once the BAC levels reach the upper limit of 0.08%. The cost of installing the device as well as the monthly charges for rentals and maintenance of the ignition interlock device may amount to a total of $210 approximately.

Zero Tolerance Law

The zero tolerance law is a part of the DUI conviction act in the state of Illinois as in the other states across America. The law does not treat underage drunken drivers with consideration and they are likely to be arrested and booked under DUI charges if found driving with traces of alcohol in their body. This action results in suspension of the driver’s license for a prolonged period of time. The law was adopted by the state on the 1st of January 1995 and is applicable to all cases pertaining to underage drunk driving. There are a couple of exceptions made, specially when the minor is found to have consumed alcohol for religious purposes or is under medication which requires ingesting of prescribed drugs.

Penalties for Drunk Driving in Illinois

A person convicted of DUI charges for the first time is liable to spend up to a year in the local jail house. A monetary fine amounting to $1,000 can be charged along with the additional penalties of spending at least 25 days in community service if the individual is found to have transported a minor passenger under the age of 16. The fine amount can go up by a $1000 in such cases too.

Second time offenders are subjected to increased penalty and may have to pay a maximum of $1,000 as the fine amount. They are also required to pay an additional fine if they are discovered to have carried under age passengers in a state of intoxication. Spending at least 48 hours consecutively in jail is mandatory for most second time offenders with 10 days having to be spent in community services. The driving privileges are completely suspended for a three year period as well.

A third time offense is treated as a major offense with the fine amount going up to a maximum of $10,000 and the driving privileges being suspended for a total of 6 years. The convicted individual may have to spend three years in incarceration as well.

The matter is treated as a case of DUI felony of Class 4 if the vehicle is involved in an accident which results in grievous bodily harm or permanent disability of the victim. A fine of $10,000 is imposed on the offender with his driving privileges being suspended. The DUI offender needs to spend a minimum of 1-3 years in jail with an additional period set aside for community service.

The official resource of the Illinois State Police at http://www.isp.state.il.us/traffic/drnkdriving.cfm provides all information on DUI as well as a variety of traffic offenses. The department can also be contacted at Illinois State Police, 801 South Seventh Street, P.O. Box 19461, Springfield, IL 62794-9461