Illinois DUI: Penalties and Criminal Charge Defense

Under Illinois DUI Laws, any driver found operating a motor vehicle with a blood alcohol concentration (BAC) at or above .08% would face criminal charges of driving under the influence. Drivers under the age of twenty-one (21), under Illinois zero tolerance policy laws, will face violations of zero tolerance policy laws, if found with a BAC containing any documentable blood alcohol content (anything above .00%). Furthermore, the state of Illinois also contains enhanced penalties for offenders found with an elevated BAC at or above .16%, as well as elevated penalties for drivers arrested while driving under the influence with a minor (child under age of sixteen (16) present. As with all other states, DUI arrests incident to accidents or collisions causing bodily injury or property damage also significantly elevate criminal charges and associated penalties as well.

Penalties upon Conviction of an Illinois DUI Charge

• First offense driving under the influence in Illinois is a class A misdemeanor, carrying penalties of up to not more than one (1) year of incarceration with fines not to be in excess of $2,5000. Administrative license suspension (ALS) of at least one (1) year, with possibility of hardship based reinstatement, which requires mandatory use of ignition interlock devices for all offenders, since 2009.

• Second offense driving under the influence in Illinois is also a class A misdemeanor, carrying mandatory incarceration of five (5) days or participation in ten (10) days (full 240 hours) of community service. Maximum penalties for incarceration and fines same as first offense. ALS of at least five (5) years, with confiscation of vehicle registration.

•  Third offense driving under the influence in Illinois is class 2 felony, making the charge an aggravated offense carrying mandatory incarceration of at least three (3) years, but not more than seven (7), with fines of not more than $25,000. ALS of at least ten (10) years, vehicle registration and vehicle itself confiscated possibly.

Illinois DUI Defense Strategies

• Contesting the legality of the traffic stop incident to arrest is always the first consideration. However, a number of complex legal theories come into play when probing and contesting the legality of a search and the suppression of any ensuing evidence uncovered. Using legal counsel is essential.

• Probe the accuracy, protocol, and maintenance of the chemical testing devices, including FST’s (field sobriety tests) and blood draws down at the police station. This includes probing the accuracy of the device itself, the sample drawn, and the practices of the administering law enforcement officer.

• Issues of informed consent, especially in cases involving FST’s and blood draws, may play a role in a DUI case, giving opportunity to at least contest the administrative license suspension, possibly as well as evidence used in promoting criminal charges

Getting Legal Help with Preventing an Illinois DUI Conviction

In practice, DUI offenders can greatly mitigate the fallout from a DUI arrest by promoting a viable legal defense from the onset of their arrest. A number of issues are at stake, including administrative license suspensions and criminal charges at the very least. Having legal counsel involved in your DUI case from the onset is the only reliable and definitive method of ensuring all your legal options and rights are exercised during and after your DUI case. For more information, consult with an Illinois DUI lawyer in the jurisdiction of your arrest today.