Hammel Law Offices:
DUI Information You Should Know
DEFINITIONS:
DRIVING UNDER THE INFLUENCE (DUI)
It is illegal to operate a vehicle in Illinois with a blood alcohol content (BAC) of .08 or greater. With additional evidence, a driver can also be convicted of DUI with a BAC in excess of .05. DUI also applies to drivers under the influence of other drugs, including any legal or illegal substances that cause impairment, regardless of how they enter the body.
IMPLIED CONSENT
By driving on Illinois roadways, a driver agrees to submit to testing for alcohol or drugs. Refusing to submit to testing results in a longer suspension of driving privileges than that received for test failure. A test refusal can be used as evidence in a DUI case.
DRIVER'S LICENSE SUSPENSION
A suspension is the temporary loss of driving privileges for a specific length of time. Suspended drivers must comply with all requirements and pay any fees to obtain reinstatement of driving privileges.
DRIVER'S LICENSE REVOCATION
A revocation is the loss of driving privileges with no guarantee of reinstatement. An individual may apply for reinstatement at the end of the revocation period. An administrative hearing, remedial education, recent alcohol/drug assessment, substance abuse treatment and payment of applicable fees also are required. If approved, reinstatement requires retesting and fees for a new driver's license.
DUI and RELATED OFFENSES
DRIVING UNDER THE INFLUENCE
Classified as a violent crime. Never expunged from a driver's record.
First conviction - Class A Misdemeanor: possible 0-12 months imprisonment; 100 hours of community service; fines up to $2,500.00; minimum 1 year driver's license revocation (2 years if under age 21); mandatory vehicle registration revocation. If previous history shows prior DUI-related suspension within 10 years, must have a Breath Alcohol Ignition Interlock Device (BAIID) installed as a condition of driving relief.
Second Conviction - Class A Misdemeanor: possible 0-12 months imprisonment; mandatory 5 days in jail or 30 days community service; fines of up to $2,500.00; mandatory vehicle registration revocation; mandatory minimum 5-year driver's license revocation (driving relief available after 1 year of revocation has been served and only with a BAIID installed).
Third conviction - Class 4 Felony: possible 1-3 years imprisonment or 30 days community service; fines of up to $25,000; minimum 10-year driver's license revocation (driving relief available after 1 year of revocation has been served and only with a BAIID installed).
Fourth or subsequent conviction - Class 4 Felony: possible 1-3 years imprisonment; fines of up to $25,000; lifetime driver's license revocation (not eligible for driving relief).