Illinois DUI Laws and Penalties – All You Need To Know

Anyone operating a motor vehicle under the influence of drugs or alcohol may be charged with DUI in Illinois. The state’s law enforcement and its elected officials are cracking down on drunk driving and drug-related DUI with increasingly harsh penalties that could impact your life for many years.

If you or a loved one has been charged with a DUI, it is in your best interests to understand Illinois DUI laws and penalties and speak with an experienced DUI defense attorney as soon as possible. Putting forth the strongest defense possible is the only way you can reduce or eliminate the potential penalties you could be facing.

Jessica Koester – An Experienced Illinois DUI Defense Attorney

The Law Office of Jessica Koester, LLC, provides immediate help to anyone facing DUI or drunk driving charges. Attorney Koester has built a reputation for securing positive results that minimize the impact criminal charges can have on her clients both now and in the future. Discuss your case and protect your rights by contacting her Edwardsville law office online or by calling 618-740-3928.

What is a DUI?

DUI stands for Driving Under the Influence. Although many people face driving under the influence of alcohol, DUI law also covers hard drugs. DUI is a criminal offense that can attract weighty consequences.

Attending court to face exoneration or conviction can change your life for good. Therefore, it is important to understand your drunk driving defense options beforehand. This will help you find a reliable attorney to walk with you during this delicate situation. You don’t have to walk through this road alone. Having an attorney by your side protects your interest.

Understanding DUI Laws in Illinois

Driving while under the influence (DUI) of drugs and/or alcohol is a crime in Illinois, as it is in other states across the country. Illinois’ DUI laws make it illegal to drive a motor vehicle with a blood alcohol concentration of 0.08% or more, or while under the influence of drugs. This can be either a controlled substance, prescription drug, or even certain over-the-counter medicines.

Drivers under the age of 21 must follow a zero-tolerance policy. This means that if a driver under the age of 21 is pulled over and found with any trace of alcohol in their system, they can be charged. Commercial drivers are held to a different standard as well, as the legal BAC for these drivers is 0.04%. Drivers who are pulled over and caught driving under the influence could face fines, a suspended license, required alcohol education, and even jail time.

Illinois also has implied consent laws, which means that by driving in Illinois, you consent to submit to chemical testing if an officer has probable cause to believe that you are under the influence. If you refuse to take a breathalyzer or other chemical tests, you can have your license suspended automatically, and you could face other penalties as well.

Illinois DUI laws can be complicated, and the penalties are very serious. You have rights, and there are legal defenses available if you have been charged with DUI. An experienced DUI attorney can help protect your future by fighting to uphold the law on your behalf.

Illinois BAC laws

Blood alcohol concentration measures the quantity of alcohol in your blood. Driving with a BAC of 0.08% or more is illegal. However, if your BAC is below 0.08% but you have signs of impaired driving, you can still face legal conviction. Things that may affect your BAC include:

• Foods you have eaten
• Your body size or weight
• The amount you drink
• Your alcohol tolerance

Relevant DUI Statistics in Illinois

It’s helpful to get an idea of the magnitude of DUI offenses in Illinois. Statistics provide information about not only the prevalence of DUI, but also the consequences that accompany this criminal offense. Keep in mind that a conviction for DUI is a serious matter, and legal assistance is vital for a favorable outcome. Consider the following statistics:

• In 2020, 11,654 people were killed in motor vehicle accidents involving drivers who were alcohol-impaired. This was 30% of all traffic-related deaths in the United States, according to the CDC.
• Thirty-two Americans lose their lives daily in motor vehicle accidents involving drunk drivers, resulting in one person dying from such accidents every 45 minutes.
• The alcohol-impaired drivers accounted for 62% of all fatalities in traffic crashes during 2020.
• The United States sees around 1 million DUI arrests annually.

Penalties For A DUI Conviction In Illinois

Even first-time offenders face serious consequences if they fail to fight back and are convicted of a DUI in Illinois. For example, potential penalties for a first-time offense could include:

• Suspension of your driver’s license
• Up to a $2,500 fine
• Jail time
• Mandatory alcohol or drug counseling courses
• Community service

Penalties increase exponentially if you are facing your second, third or subsequent DUI charge. A conviction for multiple DUIs carries a mandatory jail sentence, up to 240 hours of community service, significant fines, an extended license suspension and more. In addition, contributing factors such as seriously high blood alcohol content (BAC) levels, whether children were in the car and whether any damage was caused in an accident can only add to the severity of your potential penalties.

Now is not the time to put your future at risk. Seek experienced legal help as soon as possible and get a skilled defense lawyer on your side today. Attorney Jessica Koester is ready to meet with you and explain your rights and what you can expect during the legal process. She will work hard to ensure you secure the best possible outcome.

Non-Criminal Penalties for DUI

Besides the criminal penalties, there are a few non-criminal consequences you can expect from a DUI in Illinois that may also have a drastic impact on your everyday life. The Secretary of State’s office may administratively suspend your driver’s license, which can happen even before your case is adjudicated in court. You will likely be required to attend alcohol education or treatment classes to address any issues with substance abuse.

Ignition interlock devices represent another type of legal penalty that does not involve criminal charges. A court commonly orders DUI offenders to install these into their vehicles, which forces them to take a breathalyzer before their car will start. On top of all that, your car insurance rates will likely go up drastically after a DUI arrest, costing you more money in the long run.

These consequences may not be jail time or criminal records, but they still have long-term and significant effects on your life. They can cause limitations on your travel, impact on your budget, and disruption of your daily activities. When faced with a DUI charge, you should be aware of both criminal and non-criminal consequences.

Potential Outcomes of an Illinois DUI Legal Conviction

Factors like your criminal record and the severity of the incident determine your sentencing. Don’t face a DUI conviction alone to avoid costly mistakes, even if it’s your first time. Below are the possible costs and common punishments:

• Paying fines: Fines might be part of your sentencing. A first offense can cost you a minimum of $500 and a maximum of $2500.
• Jail time: Simple offenses might result in 100 hours of community service, one year of court supervision and one year in jail.
• Probation: If you’re not jailed, the judge might place you on probation for a given period.
• Drug and alcohol education program: Individuals convicted of DUI in Illinois must complete this program. This helps to educate them on the dangers of DUI.

If you face DUI charges, the prosecution will utilize every possible resource to secure a conviction. Hence, you might need to enlist the assistance of an attorney to achieve the most favorable result.

Why Hire a DUI Lawyer in Illinois?

Being charged with a DUI in Illinois can have serious consequences for your freedom, your driving privileges, and your future. It is essential to hire a DUI lawyer who understands DUI cases and can protect your rights and help you build a strong defense.

A knowledgeable lawyer will know the ins and outs of Illinois DUI laws and will be able to spot any weaknesses in the prosecution’s evidence, such as an unlawful traffic stop, an inaccurate breathalyzer test, or improperly handled evidence. A DUI attorney can also help you navigate the legal process, from arraignment to trial or plea bargaining.

They can also help you reduce or minimize your penalties, such as fines or jail time, and may be able to help you keep your driving privileges. Facing a DUI charge on your own can lead to expensive mistakes that can have long-lasting effects on your record and your life.

FAQs About Illinois DUI Laws and Penalties

What Is the Punishment for First Time DUI in Illinois?

In Illinois, a first DUI is typically a Class A misdemeanor. Penalties for this include up to 1 year in jail, fines, and a driver’s license suspension. Community service obligations, along with alcohol education classes and ignition interlock device installation, could be required to regain driving privileges while your license remains suspended.

What Is the Most Common Penalty for a First Time DUI?

The most typical punishment for a first DUI in Illinois is court supervision. If the driver successfully completes all the conditions, they may avoid a conviction. The conditions may include paying a fine, attending an alcohol education program, and performing community service.

The court usually suspends the driver’s license as well, but it may issue a Monitoring Device Driving Permit that allows the person to drive if they have an ignition interlock device installed in their car.

Can You Still Drive After a DUI in Illinois?

A: If you are arrested for a DUI in Illinois, your license will be suspended. However, you may be eligible for a Monitoring Device Driving Permit. The Monitoring Device Driving Permit enables you to operate your vehicle during suspension when it has a Breath Alcohol Ignition Interlock Device installed. An attorney can help you request driving privileges after a DUI.

What Happens at the First Court Date for DUI in Illinois?

A: The first court appearance, known as an arraignment, is when the DUI charges are read and you are informed of your rights. During the arraignment judicial hearing, you will voice your plea, which could be guilty, not guilty, or no contest, and under court judgment, possible release conditions may be applied. This hearing will also set future court dates and start the formal legal process.

Free Consultations For First-Offense DUI And Repeat DUI Charges

Please schedule a free initial consultation at our Edwardsville law office today by calling 618-740-3928. You can also contact our firm online.