Illinois DUI Lawyers and the Laws They Deal With
The Illinois Vehicle Code makes it a crime for any person to operate a vehicle while under the influence of alcohol, drugs, or anything else that may intoxicate a person. With respect to alcohol, the bright line rule of law is that anyone whose blood alcohol level or breath alcohol level is 0.08 or higher is prohibited from driving.
Under this rule, a vehicle is any device that transports people or things from one place to another, with the exception of devices moved entirely by human power, and snowmobiles, which have their own specific Safety Code. As a result, this code includes ATVs, motorcycles, automobiles, all other highway vehicles using an engine, and, through the Illinois Boat Registration and Safety Law association, boats.
Methods for testing blood alcohol level are blood, urine, and most commonly breath. A blood test must be administered by a doctor, nurse, paramedic or other qualified medical personnel. The breath test must be administered by a person licensed to do so, although the police are usually licensed to conduct such a test.
A person convicted of driving under the influence for the first time is generally guilty of a Class A misdemeanor, which could result in a sentence of up to __ days in prison, although less than this is the punishment generally administered. A person who commits the offense a second time must, in addition to the misdemeanor penalties, spend at least 5 days in prison or must perform at least 240 hours of community service.
Penalties for the offense can be increased if the person has a blood alcohol level greater than .16, which is twice the legal limit. A first-time offender with an alcohol concentration of .16 faces a minimum of 100 hours of community service and a $500 fine, in addition to any punishment for the Class A misdemeanor. A second-time offender whose blood content is greater than .16 on the second offense must, in addition to the Class A misdemeanor penalties, face at least 2 days in jail and a minimum fine of $1,250.
Drunk drivers with children as passengers face tougher penalties. A driver who transports children under the age of 16 can face 6 months in prison, must pay an additional $1,000 fine, and must complete 25 hours of community service in programs that benefit youth.
Any driver convicted of the offense a third or more time faces a charge of aggravated driving under the influence. Aggravated driving under the influence of alcohol is a felony, making the punishment for such offenses more drastic. Other examples of aggravated driving under the influence are when the driver, in addition to driving under the influence, is operating a school bus, speeding in a school zone, involved in an accident causing serious injury to someone, or driving without a license.
Although an arresting officer may ask someone to take a test to determine if they are driving under the influence of alcohol or other substances, the person may refuse such a test. If a person refuses to submit to such a test, the officer has the right to report the refusal, which will be filed and may result in suspension of driving privileges for 6 months.
Anyone experiencing legal issues related to a traffic stop involving suspected driving under the influence should contact an experienced Illinois DUI attorney.