DUI

DUI stands for driving under the influence. In Illinois, any motorist caught driving with a blood alcohol content (BAC) 0.08 or higher will likely face DUI charges. Driving while impaired by other substances such as medicinal marijuana or prescription medication can also result in a DUI charge. Individuals under the age of 21 and bus drivers must have a BAC of zero. #dui, #dwi,

Penalties for DUI in Illinois

Penalties for DUI in Illinois vary depending on the circumstances of the arrest and conviction. These circumstances may include the driver's age, the driver's BAC level, whether the driver was transporting a child under age 16, and whether the driver has previous DUI convictions. Any DUI offense resulting in felony charges is classified as Aggravated DUI.First Conviction Class A misdemeanor (possible imprisonment of up to 1 year; fines of up to $2,500); minimum revocation of driving privileges for 1 year (2 years if driver is under age 21); suspension of vehicle registration. If committed with a BAC of .16 or more. In addition to any penalties or fines, mandatory minimum fine of $500 and mandatory minimum 100 hours of community service. If committed while transporting a child under age 16. In addition to any penalties or fines, possible imprisonment of up to 6 months, mandatory minimum fine of $1,000 and 25 days of community service in a program benefiting children. If committed while transporting a child under age 16 and involved in a crash that resulted in bodily harm to the child (Aggravated DUI); Class 4 felony (possible imprisonment of 1-3 years, fines of up to $25,000) In addition to any other criminal or administrative sanctions, mandatory fine of $2,500 and 25 days of community service in a program benefiting children.#drivingundertheinfluence, #DUI, #DWI,

Multiple Offender DUI

A second DUI is typically a Class A misdemeanor in Illinois, which is punishable by a fine of up to $2,500 and a jail sentence of up to one year. You may also be subjected to a driver’s license suspension of five years. Third, fourth, and subsequent DUI convictions are aggravated DUI offenses in Illinois. If you have received two previous convictions for DUI, and you are caught driving under the influence of alcohol or drugs for the third time, this is a Class 2 felony offense. If convicted, you could face up to seven years in prison. You may also face a driver’s license suspension period of 10 years. #dui, #repeatdui,

Schaumburg DUI Lawyer

Typically, Illinois DUI law prohibits drivers from operating a motor vehicle if they have a blood alcohol content (BAC) of 0.08% or higher. This is the legal limit, and drivers who have a higher BAC are presumptively considered to be driving under the influence of alcohol.

However, individuals who have a CDL face a lower legal limit in the state of Illinois. Instead of being deemed under the influence with a BAC at or above 0.08%, CDL holders who are driving their commercial vehicles are considered inebriated if their BAC is 0.04% or above.

Schaumburg DUI Lawyer

Unlike a misdemeanor DUI, felony aggravated DUIs have maximum sentences in excess of one year in prison. If a driver is convicted of an aggravated DUI, the court is required to sentence him or her to a minimum of 10 days in jail or 480 hours of community service.

Schaumburg DUI Lawyer

In Illinois, you cannot seal or expunge a DUI.  The only way you can get a DUI arrest or case expunged is if there are no charges filed (for example, if the case ends in a not guilty verdict, or the case is dismissed)

OUI

If you are behind the wheel of a boat while intoxicated, you can be charged with operating under the influence, or OUI..

An OUI charge is a lot like a drunk driving charge. It is governed under Illinois law, which pertains to “operating a watercraft under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or combination thereof.”

 

If you are convicted of operating under the influence and it is your first offense, you could be found guilty of a Class A misdemeanor. There are other factors that may enhance the charge to a Class 4 felony or a Class 2 felony which carries even more serious penalties. In addition your boating privileges may be suspended. You may be a candidate for supervision.  

Unconstitutional DUI Testing

An Illinois Appellate Court found unconstitutional the state statute that allows blood and urine tests to be taken without a warrant or a suspect's consent whenever a police officer has probable cause to believe that a suspect was impaired and involved in a crash resulting in death or injury.

Cook County stops prosecuting certain traffic offenses

Citing a lack of personnel, the Cook County state's attorney's office plans to stop prosecuting certain traffic offenses, a top county official said.

Under a policy expected to take effect later this year, the state's attorney's office will not prosecute people accused of driving on licenses that have been suspended or revoked for financial reasons — such as failure to pay child support, tolls or parking tickets.

Instead, individual cities will have the option to prosecute those violations.

In the new policy on traffic cases Cook County prosecutors will continue to handle cases in which a drivers license was invalidated because of more serious crimes, such as DUI, fleeing a police officer and reckless homicide.

Illinois law is especially harsh when it comes to driving and drugs. If you are tested and found to have anyamount of an illegal drug — or even a legal prescription drug that has adversely affected your ability to drive — or drug metabolite in your body while you are behind the wheel, you can be charged with a crime just as if you were drunk. And that can lead to severe  penalties.