DUI (Driving Under the Influence)

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1 DUI (Driving Under the Influence) Driving Under the Influence (DUI) In Illinois, a person is considered to be driving under the influence when: The driver has an alcohol concentration on the breath of.08 or higher, The driver has an alcohol concentration on the breath of less than.08 but the officer considers him to be incapable of safe driving, The driver is under the influence of any drug or combination of drugs that renders him unfit to drive, The driver is under the influence of any amount of cannabis or any other illegal drug. A police officer must observe a legitimate traffic violation in order to stop a driver for a suspected DUI. This means the driver must commit some traffic offense which would allow the officer to pull the driver over (for example: speeding; running a red light; having a burned out headlight). An officer must have probable cause to suspect that a driver has been drinking in order to ask the driver to submit to field sobriety tests. Probable cause can be based on many circumstances but is usually satisfied by the officer smelling the odor of alcohol on the driver and/or noticing the driver has slurred speech or bloodshot eyes. Based on probable cause, the officer may also request that the driver submit to chemical breath testing to reveal the presence of alcohol in the system. Statutory Summary Suspension/Revocation A statutory summary suspension provides for the automatic suspension of driving privileges of a driver arrested for DUI who fails, refuses to submit to, or fails to complete chemical testing. Failure of chemical testing means a person s BAC (Blood Alcohol Content) was.08 or more or the test showed a trace of other drugs. Statutory summary suspensions are automatic, effective on the 46th day from the date of the suspension notice. This suspension does not replace criminal penalties for a DUI conviction. An offender may request a judicial hearing to challenge the arrest; however, the request does not stop the suspension from taking effect. If an Illinois driver refuses to submit to chemical testing in another state, his/her driving privileges will be suspended. A statutory summary suspension does not apply to a person with a BAC of less than.08. If a person has a BAC of more than.05, and additional evidence such as an open container warrants a DUI arrest, the outcome of the court case will determine if penalties apply. If a commercial driver s license holder receives a statutory summary suspension, his/her CDL privileges will be disqualified for one year for a first offense; a lifetime disqualification applies for a second offense.

2 Failing Chemical Testing First offense Suspension of driving privileges for 6 months (eligible for MDDP on 31st day of suspension).* Second or subsequent offense within 5 years Suspension of driving privileges for 1 year (not eligible for driving relief) Refusing to Submit to Chemical Testing First offense Suspension of driving privileges for 12 months Second or subsequent offense Suspension of driving privileges for 3 years (not eligible for driving relief) *Effective Jan. 1, 2011* Immediate revocation of driving privileges for any person convicted of an offense involving the unlawful operation of a motor vehicle that resulted in the proximate cause of the death of any person. A Restrictive Driving Permit may be issued to a driver convicted of DUI to transport children, elderly persons or disabled persons who do not have driving privileges and are living in the driver s household. Allows for vehicle forfeiture for committing DUI and knowing that the vehicle being driven was not covered by liability insurance. Increases the amount of an administrative sanction imposed upon a person convicted of DUI from $500 to $750. Requires that a person accompanying or providing driving instruction to a minor driver holding an instruction permit must not be under the influence of alcohol, drugs, intoxicating compounds or any combination thereof. *Effective July 1, 2011* If a driver refuses to submit to chemical testing after being involved in a crash in which a serious injury or death occurred, his/her driving privileges will be revoked for a minimum of 1 year Penalties for DUI If convicted of a DUI, you can expect the following penalties: Loss of Driving Privileges for a minimum of one year (2 years if under age 21) Possibility of days in jail (Mandatory 5 days in jail or 30 hours community service if it is a second DUI conviction within a 5 year period Community Service of a minimum of 100 hours for a first offense Fines from $0-$2,500.00

3 Second Conviction: Class A misdemeanor; mandatory minimum imprisonment of 5 days or 240 hours of community service; revocation of driving privileges for a minimum of 5 years for a second conviction within 20 years; suspension of vehicle registration. If committed with a BAC of.16 or more In addition to any penalties or fines, mandatory imprisonment of 2 days and mandatory minimum fine of $1,250. If committed while transporting a child under age 16 (Aggravated DUI); Class 4 felony. If committed while transporting a child under age 16 and involved in a crash that resulted in bodily harm to the child (Aggravated DUI); Class 2 felony In addition to any other criminal or administrative sanctions, mandatory fine of $5,000 and 25 days of community service in a program benefiting children. Secondary Consequences of a DUI A person who submits to chemical breath testing which reveals greater than.08 blood alcohol concentration receives an automatic 3 month driving suspension. A person who refuses to submit to chemical breath testing receives an automatic sixmonth driving suspension. After pleading guilty to a DUI, you car insurance rates are certain to increase substantially. You will be required to carry high risk insurance which costs an average of $ more per year than regular insurance. You will be required to carry such insurance for a minimum three years. The cost of a DUI can be staggering because you will be forced to pay high fines, high court fees, you will have to pay for reinstatement of your license and for alcohol evaluations and counseling and if you are not eligible for service from the Student Legal Service, you will have to pay to hire an attorney. Over time the average cost of a DUI is estimate to be about $14, according to the Illinois Secretary of State. Certain professions discriminate strongly against those who have received a DUI, including childhood education and aviation to name just two. Penalties for Other DUI-Related Offenses Possession of Drugs in a Vehicle Illegal possession of a controlled substance or cannabis by a driver; violations must be entered in court records and reported to the Secretary of State. First conviction Suspension of driving privileges for 1 year. Second conviction within 5 years Suspension of driving privileges for 5 years. Knowingly Permitting a Driver Under the Influence to Operate a Vehicle Class A misdemeanor; possible imprisonment of up to 1 year; fines of up to $2,500. Driving on a Suspended or Revoked License First conviction Class A misdemeanor; mandatory imprisonment of 10 days in jail or 30 days of community service; fines of up to $2,500; suspension of driving privileges for

4 double the original suspension period or additional revocation of 1 year; may result in seizure or forfeiture of vehicle. Second conviction Class 4 felony; minimum 30 days in jail or 300 hours of community service; suspension of driving privileges for double the original suspension period or additional revocation of 1 year; may result in seizure or forfeiture of vehicle. Illegal Transportation/Open Container It is illegal to transport, carry, possess or have any alcoholic beverages in the passenger compartment of a motor vehicle, except in the original container with the seal unbroken. Limousines, motor homes, mini motor homes and chartered buses not hired for school purposes are exceptions to the law. Maximum fine of $1,000 and points-assigned violation on driver s record. Suspension of driving privileges for 1 year or revocation for a second conviction within 1 year. If the offender is under age 21 Mandatory suspension of driving privileges for 1 year for first offense; mandatory revocation of driving privileges for a second offense. Fraudulent IDs and Driver s Licenses It is illegal to assist in obtaining or to fraudulently obtain, distribute, use or possess a fraudulent state ID card or driver s license. The Secretary of State has the authority to suspend or revoke driving privileges for up to one year without a conviction for anyone involved in the following offenses: Class A misdemeanors (subsequent offenses are Class 4 felonies) Possessing, attempting to obtain or assisting another in obtaining a fraudulent driver s license or permit (first offense). Allowing another person to use your driver s license or permit. Displaying or representing as one s own any driver s license or permit issued to someone else. Allowing any unlawful use of one s driver s license or permit. Class 4 felonies (subsequent offenses may be Class 3 felonies) Possessing, attempting to obtain or assisting another in obtaining a fraudulent driver s license or permit (second or subsequent offense). Issuing or assisting in the issuance of a fraudulent driver s license. Manufacturing, possessing or providing any document for the purpose of obtaining a fraudulent driver s license. Possessing a driver s license-making or permit-making implement. Commonly Asked Questions Can I have my criminal record expunged after I plead guilty to a DUI? No. A first offense DUI is a class A misdemeanor and, upon conviction, will give you a permanent criminal record which can never be expunged, even if you receive court supervision. If I m convicted, how long will I lose my license?

5 You will lose your license for a minimum of one year on a first offense DUI (2 years if you were under the age of 21 at the time). Full driving privileges are lost for a minimum of five years if a driver receives a second conviction for any of the following: DUI; leaving the scene of a personal injury or fatal crash; reckless homicide, or any combination of these offenses in a 20- year period. If a driver receives a third conviction for any of these offenses, regardless of the length of time between convictions, full driving privileges will be lost for a minimum of 10 years. If a driver receives a fourth or subsequent conviction, his/her license will be revoked permanently. If my license is from out of state, can Illinois take away my driving privileges if I m convicted of a DUI here? Yes. If you are convicted of a DUI in Illinois, your privilege to drive will be revoked by your home state. If you have an out of state driver s license. Illinois will create an Illinois record for you within its own motor vehicle department and will note that your driving privileges are revoked. If you are an Illinois resident and you are convicted of a DUI in another state, your Illinois driving privileges will be revoked by Illinois and the other state.

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