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ILLINOIS DUI FACTS AND LAWS

DRIVING IS A PRIVILEGE, NOT A RIGHT

Some laws change and some laws remain the same.  In Illinois - when it comes to Driving Under the Influence Cases, DUIs, we have had some important and significant changes in our laws.  Since early 2009, judicial driving permits are no longer available.  Also, Illinois now requires a BAIID to be installed on a vehicle of even first time offenders who want to seek driving relief.

The following link contains a copy of the Secretary of State's DUI Fact Book which also explains Illinois DUI laws and recent changes to the law.

Included in this book is a general description which contains information about Penalties for DUI Convictions too and the recent  changes. 

http://www.cyberdriveillinois.com/publications/pdf_publications/dsd_a118.pdf

It is not only a crime to be intoxicated while driving, but it is also a crime with serious driving privileges ramifications, for a driver to possess an illegal substance, including marijuana.  If caught, driving privileges will be suspended for a year.

As you review the Secretary of State's Fact Book regarding Illinois DUI laws and realize potential sentences for a DUI conviction, whether a first timer, or repeat offender facing an Aggravated DUI charge, you will see that a DUI case is serious and costly, both personally and financially.

Therefore, if charged with a DUI, a possession charge, or an Aggravated DUI in Illinois, we recommend you contact a qualified criminal Attorney to properly advise you and to try to protect your driving privileges.

ILLINOIS DUI LAWS
First Offense
  • Class A Misdemeanor
  • Court Supervision up to 2 years
  • DUI Tech Fee $500.00
  • Fines of 0-2,500.00
  • BAC > .16 or greater
      • Mandatory 100 hours community service
      • Mandatory Minimum fine of $500.00
  • Passenger <  under16 years old
      • Subject to 6 months jail or 25 days community service in a program benefitting children 
      • Mandatory minimum $1000 fine
      • Up to maximum fine of $2,500.00
      • If Bodily Harm to Passenger under 16,
        • Class 4 felony, min $2,500.00 to max $25,000.00 plus 25 days community service in a program benefitting children and
        • Mandatory minimum 10 days jail or 480 hours community service [11-501(d)(3)]
  • If suspended, revoked, or no license or no insurance, then
      • Class 4 felony 1-3 years imprisonment or
      • Probation up to 30 months and
      • Mandatory minimum 10 days jail or 480 hours community service [11-501(d)(3)]
  • If driving School Bus with pass < 18, Class 4 felony
  • If driving in a school zone with limit of 20 mph in effect and accident with bodily harm other than great bodily harm, permanent disability or disfigurement
      • Class 4 felony 1-3 years imprisonment or
      • Probation up to 30 months and
      • Mandatory minimum 10 days jail or 480 hours community service [11-501(d)(3)]
  • If Great bodily harm, permanent disability or disfigurement
      • Class 4 felony 1-12 years imprisonment or
      • Probation up to 30 months and
      • Mandatory minimum 10 days jail or 480 hours community service [11-501(d)(3)] and
      • Minimum fine $2,500.00
Second Offense
  • Class A Misdemeanor
  • No Court Supervision – Mandatory Conviction
  • Revocation of Driving Privileges
  • Mandatory 5 days jail or 240 hours community service
  • DUI technology Fee of $1,000.00
  • Fines of up to $2,500.00
  • If 2d DUI and prior reckless homicide, then Class 4 felony
  • If BAC >.16
      • Add additional 2 days jail to above penalties
      • Mandatory minimum fine of $1250.00
  • If Passenger < 16 years old
      • Class 2 felony 3-7 years imprisonment or probation up to 48 months §11-501(d)(1)(K) and (I) and
      • min $2500.00 plus 25 days community service in a program benefitting children §11-501(d)(1)(K) and (I) and
      • Mandatory minimum 10 days jail or 480 hours community service [11-501(d)(3)]
      • If Bodily Harm to Passenger under 16,
        • Class 2 felony 3-7 years imprisonment or probation up to 48 months §11-501(d)(1)(K) and (I), and
        • min $5000.00 to max $25,000.00
        • plus 25 days community service in a program benefitting children and
        • Mandatory minimum 10 days jail or 480 hours community service [11-501(d)(3)]
  • If Great bodily harm, disability or disfigurement to any person
      • Class 4 felony, from probation to 1-12 years imprisonment
      • Minimum fine of $5000.00 plus 25 days community service in a program benefitting children (any bodily harm per 11-501(d)(1)(K and I)
      • Mandatory minimum 10 days jail or 480 hours community service 11-501(d)(3) 
  • If suspended, revoked, , or no insurance, then
      • Class 4 felony 1-3 years imprisonment or
      • Probation up to 30 months and
      • Mandatory minimum 10 days jail or 480 hours community service 11-501(d)(3)
  • If accident with great bodily harm
      • Class 4 felony 1-3 years imprisonment or
      • Probation up to 30 months and
      • Mandatory minimum 10 days jail or 480 hours community service 11-501(d)(3)
      • Minimum fine $5,000.00
Third Offense
  • Class 2 Felony
  • 3-7 years imprisonment or
  • Probation up to 48 months, and
  • Mandatory minimum 10 days jail or 480 hours community service
  • DUI Tech fee $1,000.00
  • Fines up to max $25,000.00
  • If BAC > .16
      • Mandatory 90 days jail and
      • Mandatory minimum fine of $2500.00
  • If passenger < 16 years old
      • Mandatory minimum fine of $25,000.00 and
      • Mandatory 25 days community service in a program benefitting children
  • If Great bodily harm, disability or disfigurement
      • Class 2 felony, from 480 community service to 1-12 years imprisonment (note: combining 1-12 years great bodily harm requirement; if any jail then must be minimum 1 year)
Fourth Offense
  • Class 2 Felony non-probationable
  • 3-7 years imprisonment and
  • DUI Tech fee $1,000.00
  • Maximum fine of $25,000.00
  • If BAC > .16
      • Mandatory Minimum fine is $5,000.00
  • If passenger < 16 years old
      • Minimum fine $25,000.00 and
      • Mandatory 25 days community service in a program benefitting children
  • If Great bodily harm, disability or disfigurement
        • Class 2 felony, from 480 hrs. community service to 1-12 years imprisonment (note: combining 1-12 years great bodily harm requirement)
Fifth Offense
  • Class 1 non-probationable
  • 4-15 years imprisonment
  • DUI Tech fee $1,000.00
  • Fine up to $25,000.00
  • If BAC >.16
      • Mandatory Minimum fine $5000.00
  • If passenger < 16 years
      • Minimum fine $25,000.00 and
      • Mandatory 25 days community service in a program benefitting children
Sixth Offense
  • Class X felony non-probationable
  • 6-30 years imprisonment
  • DUI Tech fee $1,000.00
  • Fine up to $25,000.00
  • If BAC >.16
      • Minimum fine $5000.00
  • If passenger < 16 years
      • Minimum fine $25,000.00 and
      • Mandatory 25 days community service in a program benefitting children
DUI Death
  • If violation of DUI proximately causes death to another
      • Class 2 felony
      • Minimum is probation, or 3-14 years for one death
      • Minimum probation to 6-28 years for 2 or more deaths
      • Judge must find extraordinary circumstances to award probation
Providing Alcohol to a Person Under Age 21     
Possible imprisonment for up to one year.
Maximum fine of $2,500. 
Illegal Transportation of an Alcoholic Beverage
Maximum fine of $500.
Point-assigned violation will be entered on drivers record.
Drivers license suspension for a second conviction in a 12-month period.       
Knowingly Permitting a Driver Under the Influence to Operate a Vehicle 
Possible imprisonment for up to one year.
Maximum fine of $1,000.        
Summary Suspension  
First Offense  
A chemical test indicating a BAC of .08 or greater results in a mandatory three-month drivers license suspension.
Refusal to submit to a chemical test(s) results in a six-month license suspension.     
Subsequent Offenses    
Refusal to submit to a chemical test(s), or test results indicating a BAC of .08 or greater, results in a mandatory 12 months drivers license suspension.      
Teenage Drinking and Driving                        
Drivers under age 21 represent 10% of licensed drivers but are involved in 17% of alcohol-related fatal crashes. If you are arrested for DUI you will be handcuffed and taken to jail. What will your parents say when you call home and tell them you are in jail? Illinois DUI laws for drivers under 21 years of age are tough and will effect your life for years-- if you live that long. 
Crashes are a leading cause of death for teens. Nationally, six individuals between the ages of 15 - 20 die in motor vehicle crashes each day. About 2 in every 5 Americans will be involved in an alcohol-related crash at some time in their lives.  
The average college student spends more money for alcohol than for books.      
Legal Consequences of Underage Drinking and Driving    
First Underage 21 DUI Conviction       
Loss of full driving privileges for a minimum of 2 years.
Possible imprisonment for up to 1 year.
Maximum $2,500 fine.   
Second Underage 21 DUI Conviction      
Loss of full driving privileges for a minimum of 5 years or until age 21, whichever is longer.
Mandatory 5 days in jail or 30 days community service if prior offense within 5 years.
Possible imprisonment for up to l year.
Maximum $2,500 fine.   
Third Underage 21 DUI Conviction - Class 4 Felony      
Loss of full driving privileges for a minimum of 10 years.
Mandatory 10 days imprisonment or 60 days community service.
Possible imprisonment for 1-3 years.
Maximum $25,000 fine if prior offense within 5 years.  
Aggravated DUI 
Class 4 Felony (Following a crash resulting in great bodily harm or permanent disfigurements)  
Loss of full driving privileges for a minimum of 1 year.
Possible imprisonment for 1-12 years.
Maximum fine of $25,000.       
Underage Illegal Transportation of an Alcoholic Beverage       
Maximum fine of $1,000.
Drivers license suspended for first conviction.
Drivers license revoked for a second conviction.       
Summary Suspension     
A chemical test indicating a blood alcohol concentration (BAC) of .08 or greater results in a 3-month drivers license suspension. 

2008-2009 Illinois DUI Penalties Chart (For offenses after June 1, 2008)

Refusal to submit to a chemical test(s) results in a 6-month license suspension.
For subsequent offenses, a chemical test indicating a BAC of .08 or greater results in a 12-month drivers license suspension. Refusal to submit to a chemical test(s) results in a 36-month drivers license suspension.        
Possession of Alcoholic Beverages      
It is illegal for any person under the age of 21 to have alcoholic beverages in their possession, whether open or unopened. Penalties include: 
A maximum of $2,500 fine and up to one year in jail.   
Using a Fake Illinois Drivers License or ID Card       
The penalties for using false IDs are serious and could change your life forever.      
Obtaining a drivers license through false affidavit is punishable by 1-3 years in prison and a maximum $25,000 fine.
Allowing another person to use your identification documents to apply for a drivers license or ID card is punishable by 1-3 years in prison and a maximum $25,000 fine.        
Zero Tolerance Law for Underage Drinking and Driving   
Zero tolerance is a state law that went into effect on January 1, 1995. The law provides for suspension of the driving privileges of any person under the age of 21 who drives after consuming alcohol. Like the name zero tolerance suggests, any trace of alcohol in a young person's system can result in a suspended drivers license. There are exceptions -- minors who consume alcohol as part of a religious service or those who ingest a prescribed or recommended dosage of medicine containing alcohol.     
Penalties for Drinking and Driving     
The Zero Tolerance Law provides that minors can have their driving privileges suspended even if they're not intoxicated at the .08 level. The following table shows the length of time your driving privileges may be suspended under the Zero Tolerance Law (for BAC of .01 or greater) and DUI Laws (for BAC of .08 or greater). The loss of driving privileges is greater if you refuse to take a sobriety test.    

        Under Zero Tolerance         Under DUI Laws         
                Law If Test Refused            If Test Refused
1st Violation   3 Months        6 Months        2 Years 2 Years
2nd Violation   1 Year  2 Years Until age 21 or
5 Years Minimum Until age 21 or
5 Years Minimum

Effect on Your Driving Record  
Zero Tolerance (BAC of .01 or greater) -- Except during suspension period, not on public driving record as long as there is no subsequent suspension DUI Conviction (BAC of .08 or greater) -- Permanently on public driving record 
Under certain conditions, you may be charged with DUI even though your BAC is below .08.

FORTY WAYS TO DEFEND A DUI 
  1. ILLEGAL STOP OF PERSON OR VEHICLE – a driver cannot be stopped unless the officer has a reasonable and articulate basis to believe that a traffic law or other law has been violated. Similarly, a person cannot be seized unless a violation has occurred.
  2. WEAVING INSIDE THE LANES IS NOT ILLEGAL – weaving without crossing any lines is not a violation of the law, and a vehicle cannot be stopped for that reason.
  3. ANONYMOUS REPORT OF DRUNK DRIVING -- a car cannot be stopped simply because an anonymous citizen reported that the driver was drunk.
  4. STANDARD FIELD SOBRIETY TESTING IS INACCURATE – in healthy individuals, the one-leg stand test is only 65% accurate, and the walk-and-turn test is only 68% accurate in determining if a person is under the influence. Those persons with injuries, medical conditions, 50 pounds or greater overweight, and 65 years or older cannot be validly judged by these tests.
  5. NON-STANDARDIZED FIELD TESTS ARE INVALID – neither the Federal Government (NHTSA) nor medical science considers touching your finger to your nose, or saying the alphabet, or counting backwards, as valid sobriety tests.
  6. BREATH TESTING IS INACCURATE – virtually all experts concede that one breath test alone is unreliable. The Illinois Supreme Court has remarked that breathalyzers are not foolproof. Finally, breath testing in Illinois is subject to various inaccuracies, including a +/- 12.5% variance, non-specificity for ethanol, etc.
  7. BOOKING ROOM VIDEOS – Many police stations videotape suspects at the police station, where their speech is clear and their balance is perfect, in spite of police testimony to the contrary.
  8. IN-SQUAD VIDEOS – more and more often, the suspect’s driving and performance on field tests is being recorded; often contradicting police testimony.
  9. FAILURE TO PROVIDE SPEEDY TRIAL – If a client is not provided with a trial within 120 to 160 days of demand, through delays of the court or prosecutor, the charges must be dismissed.
  10. POLICE BLOOD TEST INACCURATE – Many times, police blood testing fails to follow prescribed rules of testing, analysis, or preservation recommendations.
  11. HOSPITAL BLOOD TEST INACCURATE – Hospital blood tests overestimate a person’s true level by as much as 25% in healthy, uninjured individuals, and are not statistically reliable in severely injured persons.
  12. BREATH TEST OPERATOR UNLICENSED – An Illinois Breath Test Operator must possess a valid, unexpired operator’s license, or the breath test result is inadmissible.
  13. BREATHALYZER MACHINE MALFUNCTIONS – if there is a malfunction or repair of the breath test instrument within 62 days before or after a suspect’s breath test, the results of the suspect’s test are presumed invalid.
  14. BREATH TEST OPERATOR LICENSE EXPIRED -- An Illinois Breath Test Operator must possess an unexpired operator’s license, or the breath test result is inadmissible. Licenses expire automatically every 3 years.
  15. BREATH TEST DEVICE NOT APPROVED – A breath testing instrument must be listed on the Federal List of Approved Breath Evidential Instruments and the ISP approved list of Devices, or the results are inadmissible.
  16. FAILURE TO PROVE DRIVING – a defendant’s admission to driving, without more, does not prove a charge of driving under the influence.
  17. INDEPENDENT WITNESSES – often times, independent witnesses to accidents, bartenders, hospital personnel and others can provide crucial evidence of the defendant’s sobriety.
  18. FAILURE TO MIRANDIZE – prosecutors may not use as evidence the statements of a defendant in custody for a DUI when the police have failed to properly issue Miranda Warnings.
  19. FIELD SOBRIETY TEST IMPROPERLY ADMINISTERED – according to the National Highway and Traffic Safety Administration, improperly administered field tests are not valid evidence of intoxication.
  20. OFFICER’S PRIOR DISCIPLINARY RECORD – a police officer’s previous disciplinary record can be used to attack the officer’s credibility.
  21. PORTABLE BREATH TEST INADMISSIBLE – Illinois law prohibits the use of portable breath testing results as evidence at trial in a DUI case.
  22. PORTABLE BREATH TEST IMPROPERLY ADMINISTERED – The manufacturers of portable breath testing devices require a minimum of two tests to consider the results evidential in nature.
  23. FAILURE TO CONDUCT OBSERVATION PERIOD – Illinois requires that a driver be observed continuously for a minimum twenty minutes prior to a breath test in order for the results to be considered admissible and valid.
  24. EXPERT WITNESSES – Expert witnesses are available to review the validity of breath tests, blood tests and field sobriety tests.
  25. MEDICAL AND HEALTH PROBLEMS -- Medical problems with legs, arms, neck, back and eyes can affect the results of field sobriety tests. Further, other medical conditions can also affect the validity of breath test results.
  26. BAD WEATHER – Weather reports establishing high winds, low visibility, and other conditions are available to explain poor driving or poor balance.
  27. LACK OF PROBABLE CAUSE TO ARREST -- A police officer must have specific and articulable facts to support any arrest for DUI, or the suspension will be reversed and the evidence suppressed at trial.
  28. ILLEGAL SEARCH – the police are prohibited from searching a person or the automobile for a minor traffic offense, and may not search a car without a driver’s consent or probable cause. Any evidence illegally obtained is not admissible in court.
  29. PRIOR INCONSISTENT STATEMENTS BY POLICE OFFICERS – any statement made by a police officer, verbally, in police reports, or at previous court proceedings may be used to attack that officer’s credibility.
  30. POST-DRIVING ABSORPTION OF ALCOHOL – the prosecutor must prove the blood or breath alcohol at the time of driving. Recent consumption of alcohol just prior to driving will cause the test results to be higher than what the true level was when the person was operating the automobile.
  31. INTERFERING SUBSTANCES – many items contain forms of alcohol which may cause false results, such as asthma spray, cough drops, paints, fingernail polish. These items can cause the breath results to be invalid.
  32. BREATH MACHINE NOT PROPERLY OPERATED – the manufacturers of breath testing devices have specified protocols which must be followed for a breath result to be valid. Failure to follow these requirements will result in improper readings.
  33. FAILURES TO PRODUCE DISPATCH TAPES – most stops of vehicles are recorded on dispatch tapes, as well as recording police communications regarding an arrest of an individual. Failure to preserve such tapes upon request can cause all evidence which could have been recorded to be suppressed.
  34. MISLEADING STATEMENTS BY POLICE OFFICERS – Any misleading statement by the police regarding the consequences of taking (or refusing) a blood, breath, or urine test will cause the suspension to be reversed and removed from the driver’s record.
  35. STATUTES OF LIMITATIONS – A misdemeanor charge of DUI must be filed within 18 months of the date of offense, or the charges will be dismissed outright.
  36. PRIVATE PROPERTY – a person who has not driven the car on a public highway cannot be suspended for drunk driving.
  37. FAILURE TO DISCLOSE EXPERTS – the failure of the prosecutor to disclose the state’s expert(s) will cause those witnesses to be barred from testifying against the defendant.
  38. LACTATE RINGERS – when hospital staff use lactate ringers during the treatment of a patient, the hospital blood serum results will report falsely elevated, and therefore invalid, readings.
  39. FAILURE TO RECORD CERTIFICATION TESTS – the failure to include the value of the simulator solution used to test breath machines will cause the breath test results to be inadmissible in court against the driver.
  40. FORCED BLOOD DRAWS – the police may not take a blood test against the driver’s consent where there has not been an injury involved, or the result is inadmissible.
 

If you or someone you care about has been charged with a DUI/DWI please contact our Office to assist you today.  (773) 848-4444 or (773) 544=1370.