Driving Under the Influence of Alcohol (DUI)--Some Frequently Asked Questions

What is a DUI?

In Illinois driving a vehicle or boat under the influence of alcohol or drugs is a crime. A suspect may be charged with either a misdemeanor DUI, or, a felony DUI. Generally, if this is a person's first DUI they will most likely have been charged with a misdemeanor.

What is considered as DUI?

In Illinois, a person is deemed to be DUI if they are either driving or in physical control of any vehicle and: have a blood alcohol level of .08% or greater; or, under the influence of alcohol or drugs that impairs their ability to drive safely; or, under the influence of any prescription medication that impairs their ability to drive safely. (See 625 ILCS 5/11-501, http://ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501 )

What is the difference between a misdemeanor and felony DUI?

A DUI can be charged as either a class A misdemeanor or felony, depending on the specific circumstances of the incident. In the most basic sense, a class A misdemeanor carries the possibility of up to a year in jail and up to $2,500.00 in fines (not including court fees and costs); whereas a felony carries the possibility of a prison sentence of over a year and up to $25,000 in fines.

(See: Illinois Secretary of State, DUI Fact Book: https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_a118.pdf)

I have been charged with DUI, am I going to jail?

Not necessarily. Generally speaking, if this is your first DUI and you have no criminal history, a conviction will most likely result in a sentence that does not involve jail.

However, if this is not your first conviction, and/or you have a lengthy criminal record, then the possibility of a jail sentence will depend on the classification of the DUI--how it is charged--and the specific facts of the incident.

(See: See 625 ILCS 5/11-501, http://ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501)

Will I lose my license to drive?

Illinois has a Statutory Summary Suspension law which provides that your license will be suspended as a result of a failing to pass chemical testing; e.g., a breath test. There are two considerations: whether you submitted to chemical testing and failed, or you refused.

In the event of submitting to chemical testing and failing:

First offense — Suspension of driving privileges for six months (eligible for a Monitoring Device Driving Permit).

Second or subsequent offense within five years — Suspension of driving privileges for one year.

In the event of refusing to submit to chemical testing:

First offense — Suspension of driving privileges for 12 months (eligible for a Monitoring Device Driving Permit).

Second or subsequent offense within five years — Suspension of driving privileges for three years.

I am charged with DUI, but had a DUI conviction in another state. Will Illinois consider this as my first DUI?

No. If you have been convicted of DUI in another state, the conviction will be added to your Illinois driving record, and will affect the revocation/suspension of your driving privileges.

This is my first DUI, but I had an accident. Will this affect the case and possible penalties?

Yes. Even if this is your first DUI, when you have had an accident there are factors that can seriously affect the charge and penalties. For example:

a. The accident resulted in death. (Class 2 Felony)

b. The accident resulted in serious bodily injury or disfigurement. (Class 4 Felony)

c. The accident resulted in bodily injury to a child passenger (under 16 years of age). (Class 4 Felony).

I did not have a valid drivers license when arrested for DUI.

A DUI committed without a valid driver’s license or permit is a class 4 felony. Likewise, a DUI committed without vehicle liability insurance is also a class 4 felony.

I was arrested for DUI and had a blood alcohol level of over .16%.

Pursuant to Illinois law, if your blood alcohol level is shown to be greater than .16% then the following penalties will apply:

First DUI: in addition to any penalties or fines, mandatory minimum fine of $500 and mandatory minimum 100 hours of community service

Second DUI: in addition to any penalties or fines, mandatory imprisonment of two days and mandatory minimum fine of $1,250.

Third DUI: in addition to any other criminal or administrative sanctions, mandatory imprisonment of 90 days and mandatory minimum fine of $2,500.

Conclusion:

As you can see, a DUI charge can greatly be affected by the specific facts and circumstances of the incident. It is imperative that any individual charged with a DUI immediately speak with an experienced attorney who will not only be able to answer their questions but begin preparing a defense.

LANGFITT LAW, LLC

1320 Tower Road, Suite 103

Schaumburg, Illinois 60173

847-301-4250

www.langfittlaw.com

Disclaimer: The information contained at this site is not, nor is it intended to be, legal advice. You should always consult with an experienced attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Please be advised that your contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established and you have been asked to do so.