Illinois DUI Laws: A Comprehensive Guide
You’re in the Right Place
There’s one reason you’re on this website: you’re looking for an elite criminal defense law firm. Whether you’ve been charged with a DUI, are under investigation, or simply have questions about Illinois DUI laws – we are here to help you. Our criminal defense lawyers work hard to have a solution for you, irrespective of the situation you find yourself in. Many clients are often embarrassed by their situation, and don’t speak openly about their alleged issue. We encourage open dialogue, and recommend full transparency – so we can give you the best possible legal advice.
What is a DUI in Illinois?
Under Illinois DUI laws, you can be charged with driving under the influence (DUI) if:
- Your blood alcohol concentration (BAC) is 0.08% or higher
- You have 5 nanograms or more of THC per milliliter of whole blood, or 10 nanograms or more per milliliter of other bodily substances
- You used any controlled substance before driving
- Prescription or over-the-counter medication caused impairment while driving
If you’re under 21, the zero tolerance law applies, meaning you can be charged with a DUI for any trace of alcohol in your system. Wait, what did you say? Yes, you read that correctly – any amount of alcohol can lead to a DUI charge if you’re underage in Illinois.
What Happens if I’m Arrested for a DUI?
If a police officer has reasonable suspicion that you’re driving under the influence, they can pull you over and request field sobriety tests. If those tests indicate impairment, you’ll likely be arrested and taken to the police station. Sorry if that didn’t make sense. Let me break it down:
- The Stop: An officer observes erratic driving, a traffic violation, or has another legal reason to pull you over.
- Field Sobriety Tests: You’ll be asked to perform standardized tests like the walk-and-turn, one-leg stand, or horizontal gaze nystagmus test.
- Arrest: If the officer believes you’re impaired based on the tests and observations, you’ll be arrested and taken into custody.
- Chemical Testing: At the station, you’ll be asked to take a chemical test like a breathalyzer or blood test. Refusing this test leads to an automatic license suspension.
- Charges: Depending on your BAC level and other factors, you may be charged with a DUI misdemeanor or felony.
The Penalties for a DUI in Illinois
The penalties for a DUI conviction in Illinois vary based on factors like your BAC level, whether there was a crash, and if you have prior offenses. But in general, here’s what you could face:
- First Offense: Up to 1 year in jail, fines up to $2,500, and a minimum 1-year license suspension.
- Second Offense: Minimum 5 days jail or 240 hours community service, up to 1 year in jail, fines up to $2,500.
- Third Offense: 3-7 years in prison (felony), fines up to $25,000, minimum 10-year license revocation.
- Fourth Offense: 3-7 years in prison (felony), fines up to $25,000, lifetime license revocation.
- Fifth Offense: 4-15 years in prison (felony), fines up to $25,000, lifetime license revocation.
- Sixth or Subsequent Offense: 6-30 years in prison (felony), fines up to $25,000, lifetime license revocation.
If there are aggravating factors like a child in the car, a BAC over 0.16%, or injuries from a crash, the penalties increase significantly. It’s simple. Every single client deserves honesty and white glove service. We’ll walk you through all the potential consequences based on your specific situation.
Can I Get DUI Charges Dropped?
While getting DUI charges completely dropped is difficult, there are potential defenses we can explore:
- Challenging the traffic stop as unlawful
- Arguing the field sobriety tests were improperly administered
- Questioning the accuracy and handling of the chemical test
- Claiming your constitutional rights were violated during the arrest
Our skilled DUI attorneys will thoroughly review all evidence and circumstances to determine if any legal issues could get your charges reduced or dismissed. We leave no stone unturned in building a strong defense strategy.
Why Hire Spodek Law Group?
When your freedom and future are at stake, you need the best legal representation possible. At Spodek Law Group:
- We have over 50 years of combined experience defending DUI cases
- Our attorneys include former prosecutors who know both sides
- We take an aggressive approach and aren’t intimidated by tough cases
- You’ll receive hands-on attention and transparent communication every step of the way
