DUI & DWI in Illinois
If you’ve been arrested for drunk driving on Illinois roadways, you need an Illinois DUI attorney – and you need that DUI lawyer fast. Why?
The Illinois Secretary of State estimates that just one DUI conviction will cost you at least $16,580.
This article will help you, by summarizing:
- Illinois DUI Laws
- Illinois DUI Punishments
- Potential DUI Defenses
- Illinois’s Other Drunk Driving and Alcohol Laws
- How to Find an Illinois DUI Attorney
When is a Driver Considered to be Legally Drunk in Illinois?
The Illinois DUI Fact Book made available by the Illinois Secretary of State has a plethora of information about drunk driving in Illinois.
- In Illinois, non-commercial drivers (i.e. most drivers) are considered to be legally drunk if they have a BAC (blood alcohol content) of .08 or higher.
- Commercial driver (e.g. truck and taxi drivers) are legally drunk if their BAC is .04 or higher.
- School bus drivers are legally drunk if there is any alcohol in their system.
- Drivers under the age of 21are legally drunk if there isany alcohol in their system.
IL DUI Laws are found in the Illinois Compiled Statutes.
What is Illinois’s Punishment for DUI Convictions?
These Illinois drunk driving penalties are standard. Penalties are significantly increased if you have a BAC higher than .16 and/or there is a child under the age of 16 in your car when you are arrested.
1st DUI conviction = up to 1 year in jail – fine of up to $2,500 – lengthy driver’s license revocation.
2nd DUI conviction within 5 years = minimum jail sentence of 5 days in jail or 240 hours of community service – lengthy driver’s license revocation – ignition interlock – possible suspension of vehicle registration.
3rd DUI conviction within 5 years of second conviction = minimum of 10 days in jail or 480 hours of community service – lengthy driver’s license revocation – ignition interlock – possible suspension of vehicle registration.
School bus drivers convicted of drunk driving with a child under the age of 18 on the bus will be sentenced to 1 to 3 years in jail and a fine of up to $25,000 for a first conviction.
Illinois Drunk Driving Defenses
It is in your best interests to consult with the Illinois DUI lawyer of your choice – www.attorneys.org. Your lawyer will investigate and analyze your case to put forth your best defenses.
Possible drunk driving defenses are:
- No good reason to stop you in the first place. No organized roadblock, no probable cause, and no reasonable suspicion.
- Someone else was driving the vehicle.
- The blood, urine, or Breathalyzer results were faulty and no back up independent test was implemented.
- The judge made an error.
However, even if you are convicted, your DUI attorney will fight to get you the low end of mandatory sentencing.
Illinois’s Other Drunk Driving and Alcohol Laws
Illinois’s Dram Shop Statute
A licensed drinking establishment that serves alcohol to a drunk or an individual under the age of 21 is liable for any injuries the intoxication of its patrons causes to third parties.
Illinois’s Allowing Underage Persons to Drink Alcohol
In Illinois, if you allow underage persons to drink in your home, you could go to jail for up to 1 year and be subject to a $2,500 fine.
Illinois’s Providing Alcohol to Underage Persons Law
In Illinois, it’s illegal to give or sell alcohol to underage persons. You can go to jail for up to 1 year and be fined up to $2,500. In addition, if a death results from furnishing alcohol to a minor, you’ll face 1 to 3 years in jail and be fined up to $25,000.
How to Find an Illinois DUI Attorney
To find an Illinois DUI lawyer, you can search our website, www.attorneys.org, or ask friends or the bar association for a referral.