Illinois law on driving under the influence changed significantly in 2008. In that year, the legislature added additional penalties for the offense of DUI. For example, an arrest for DUI where the driver does not have a valid license turned into a felony offense. For years defendants who were arrested for DUI without a valid […]
Charges
An arrest for driving under the influence in Illinois can be deceiving. Usually the driver is released from police custody on a signature bond. Few are required to post bond. Further, the charges are filed on traffic tickets. Some people develop expectations that the DUI may not be a serious matter. This mindset is sometimes […]
An arrest for driving under the influence has two consequences on a person’s driving privileges under Illinois law. First, his driver’s license will be suspended 46 days after the date of arrest based on either 1) a breath alcohol concentration of 0.08 or more, or 2) a refusal to take the breathalyzer test. The suspension […]
Driving under the influence is a criminal offense in Illinois. It is subject to the same rules of criminal procedure and evidence as any other charge, including first degree murder. The defendant is protected by the United States Constitution, which provides the right to a jury of 12 people and the right to confront one’s […]
Field sobriety testing is the term describing a series of tests the police give a motorist whom they suspect to be impaired by alcohol or drugs. The tests were developed after study by the U.S. Department of Transportation (DOT), National Highway Traffic and Safety Administration (NHTSA). Three tests were approved for standardization and use by […]
The laws against driving under the influence in Illinois have enhanced penalties where the defendant was transporting a child passenger. The DUI statute in Illinois is 625 ILCS 5/11-501. A first offense is a Class A misdemeanor offense. The sentencing range is up to one year in jail and a possible fine of $2,500. But […]
The breathalyzer test that is part of nearly all driving under the influence arrests serves as the State’s best evidence that the driver is guilty. A result of 0.08 or more is per se a violation of 625 ILCS 5/11-501. But the breath test does more. A high breath alcohol concentration can subject the defendant […]
Driving under the influence can be charged in numerous ways under Illinois law. It can be based on impairment by illegal drugs, prescription medication, and the combined influence of alcohol and drugs. But the most prevalent charge of DUI is based on intoxication by alcohol. If a person is accused of driving under the influence […]
Frequently a person who is arrested for driving under the influence will receive multiple traffic citations from the police officer. The number of tickets can cause some people to panic, believing they are charged with multiple DUIs. Generally, this is not the case. DUIs are charged on tickets call a Uniform Citation and Complaint. These […]
The legal limit for alcohol while operating a motor vehicle in Illinois is 0.08 percent. Many people are mistaken that a person is guilty of driving under the influence only if his alcohol level is over 0.08. This is not the case. The legal limit is anything greater than 0.079. An alcohol concentration in a […]
