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 likely to intoxicate a person. With regard to alcohol, the bright line rule of the 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 road vehicles using an engine, and, through the Illinois Boat Registration and Safety Act 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 generally 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 jail, although less than this is the punishment generally administered. A person committing the crime a second time must, in addition to misdemeanor penalties, spend at least 5 days in prison or must perform at least 240 hours of community service.

Penalties for the crime 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 Class A misdemeanor punishment. A second time offender whose blood content is over .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 stricter penalties. A driver transporting 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 crime for the third time or more faces a charge of aggravated driving under the influence. Aggravated driving under the influence of alcohol is a felony, which makes 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 the suspension of driving privileges for 6 months.

Anyone experiencing legal problems related to a traffic stop involving suspected driving under the influence of alcohol should contact an experienced Illinois DUI attorney.