What constitutes DUI under Illinois law?

In Illinois, the offense of Driving Under the Influence (DUI) requires a blood-alcohol concentration (BAC) of .08 percent or higher. If you are driving with a BAC between .05 and .08 percent, you may still be cited for a DUI in Chicago if your behavior suggests you are impaired. A Chicago DUI attorney can assist you if you have been arrested for drunk driving. Illinois imposes serious administrative and criminal penalties for drivers who get behind the wheel under the influence of drugs or alcohol. If you are pulled over and your BAC is over .08 or you refuse testing, the officer will suspend your license. The suspension may not take effect immediately, however. Rather, you may be given a receipt that allows you to continue driving for 45 days to allow you time and an opportunity to challenge the arrest and suspension.

What if it’s my first DUI?

In Illinois, a first-time DUI is a Class A Misdemeanor that will result in suspension of driving privileges for six months. If you refuse to submit to a chemical test and it is your first offense, you will be facing a mandatory 12-month driver’s license suspension. In addition, a first time DUI is punishable by up to one year in jail and up to a $2,500 fine, typically with a minimum payment requirement of $500. These fine amounts do not include court costs and other charges associated with completing terms of sentence (e.g., an alcohol awareness course).

What if it’s my second DUI?

A second DUI is also a Class A Misdemeanor that will result in suspension of driving privileges for 12 months, with no eligibility for interim driving relief. If you refuse to submit to testing, the consequences for a second offense will result in suspension of driving privileges for three years with no eligibility for driving relief. Any subsequent offense after the second offense will be considered a felony, and the penalties including loss of driving privileges, fines and, in some cases, prison terms will vary accordingly. A Chicago DUI attorney can be vital to defending against a DUI charge and may help reduce, or even eliminate prison terms and monetary fines.

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