Illinois

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How Illinois DUI Laws Work

It is not easy trying to tackle a DUI case alone. Fortunately, the best DUI lawyer in Illinois to suit your individual case needs is available through our website. Get connected to a reputable Illinois DUI lawyer who will take care of filling out the necessary paperwork to get your case started, contact the police, and speak personally to insurance companies regarding your claim. When you work with a DUI lawyer from our network, you work with the best. Call today to see how an expert DUI lawyer can help you expedite your DUI case in Illinois.

The state of Illinois has extremely strict driving under the influence (DUI) laws. Anyone found guilty of operating a motor vehicle in the state with a blood alcohol content (BAC) level of .08 percent or higher will be convicted of driving while intoxicated – a serious crime that has repercussions on all aspects of the offender’s life.

All DUI charges in the state are considered a minimum of a Class A misdemeanor. If any bodily harm has occurred as a result of the drunken driver, the DUI offender (even first time offenders) will get charged with a Class 4 felony DUI.

If a motorist is suspected of being intoxicated while driving, their driver’s license can be automatically suspended pending a case hearing. During a DUI arrest, an officer will seize the driver’s license and provide them with a temporary driving receipt that will allow them the ability to drive for the next 45 days. On the 46th day, suspension will be initiated.

Illinois DUI laws are stricter than other states in the sense that a motorist need not be driving to incur a DUI charge. Anyone who is in physical control of a motor vehicle and suspected to have consumed alcohol beyond the legal limit of .08 percent can be arrested and tried for DUI.

Punishments for DUI Offenders in Illinois

The following are the types of punishments Illinois drivers may incur if their BAC level exceeds .08 percent:

1st DUI Conviction

• Considered Class A misdemeanor (Class 4 felony if bodily harm sustained/fatality)
• May be ordered to spend up to 1 year in jail
o Additional 6 months mandatory jail time if child under 16 was present in vehicle
• Fine up to $2,500
o Additional $500 if BAC level was above .16 percent
o Additional $1,000 minimum if child under 16 was present in vehicle
• Driver’s license suspended for minimum 1 year
• May be eligible for ignition interlock device
• Vehicle registration is suspended
• Must complete community service minimum 100 hours
o Additional 100 hours if BAC level was above .16 percent
o Additional 25 days if child under 16 was present in vehicle

2nd DUI Conviction

• Considered Class A misdemeanor (Class 4 if committed with child in vehicle/ Class 2 felony if bodily harm sustained/fatality)
• Imprisonment up to 1 year, 5 days mandatory jail time or 240 community service hours
o Additional 2 days mandatory jail time if BAC level was above .16 percent
o Additional 1-3 years mandatory jail time if child under 16 was present in vehicle (considered Felony Aggravated DUI)
• Fine up to $2,500
o Additional $1,500 if BAC level was above .16 percent
o Additional $25,000 maximum if child under 16 was present in vehicle
• Driver’s license suspended for minimum 5 years (If within 20 years of previous DUI)
• Vehicle registration is suspended
• Must complete community service minimum 25 days if child under 16 was present in vehicle

3rd DUI Conviction

• Considered Class 2 Felony
• Imprisonment from 3-7 years
o Additional 90 days if BAC level was above .16 percent
o Additional 1-3 years mandatory jail time if child under 16 was present in vehicle
• Fine up to $2,500
o Additional $2,500 minimum if BAC level was above .16 percent
o Mandatory $25,000 if child under 16 was present in vehicle
• Driver’s license suspended for minimum 10 years
• Vehicle registration suspended
• Must complete community service minimum 25 days if child under 16 was present in vehicle

4th DUI Conviction

• Driving privileges revoked for life
• Vehicle registration suspended
• Additional fine of minimum $5,000 if BAC level was above .16 percent
• Additional mandatory fine of $25,000 if child under 16 was present in vehicle

Aggravated DUI Charges< ?h3>

Any DUI offense in Illinois that results in a felony charge will be classified as Aggravated DUI. If a driver is charged with Aggravated DUI, their imprisonment terms or community service may not be suspended or reduced. Drivers sentenced to probation or other conditional discharge from prison must serve a minimum of 480 hours of community service or serve 10 days mandatory imprisonment.

A DUI charge in Illinois will become an Aggravated DUI charge if any of the following conditions apply:
• Driver is convicted of third or subsequent DUI charge
• Driver committed DUI offense while driving a school bus carrying children 18 years or younger
• Driver committed DUI offense that resulted in great bodily harm and/or death
• Driver committed DUI offense with child under 16 present in vehicle
• Driver committed DUI without holding a valid license or permit
• Driver committed DUI after previous reckless homicide while DUI/Aggravated DUI involving death conviction
• Driver committed DUI under a suspended/revoked license for previous DUI

Illinois DUI Punishments for Minors

Minors (motorists under the age of 21) charged with DUI in Illinois must attend a mandatory Youth Intoxicated Drivers Visitation Program. The program provides the offender with drug and alcohol counseling. DUI offenders under the age of 18 must complete a re-education course before driving privileges are reinstated and must retake their driver’s license exam.

The driver’s license of a minor convicted of DUI will be revoked for a minimum of 2 years by the Secretary of State, who has the option of providing the DUI offender with a restricted license. Minors found guilty of DUI under the age of 16 are not eligible for the restricted license. The restricted license may only be used between 5 a.m. and 9 p.m. Minors may also be fined $250 and may be ordered to spend time in jail up to a maximum of 1 year.

ow to Fight a DUI Charge in Illinois

A DUI charge may be contested in Illinois with the help of a DUI lawyer. If you have incurred driving under the influence charges, your punishments may be reduced or even eliminated when you have a top Illinois DUI attorney working on your case. Your paralegal will investigate the incident and ensure that any evidence proving your innocence is brought to light.

For the best possible outcome of your case, contact a skilled DUI lawyer in Illinois today to get started.