An Illinois driver who is accused of driving under the influence of alcohol or drugs should prepare to deal with a set of very strict, extremely complex legal ramifications. Illinois DUI laws are incredibly elaborate, and there are very few loopholes through which an accused drunk driver can hope to slip through.
Anyone accused of DUI in Illinois will face penalties on two fronts – first through the Illinois Secretary of State’s office and then through the state’s court system.
Driver’s license penalties
In most Illinois DUI cases, the Secretary of State will attempt to suspend or revoke the suspect’s driver’s license. This will happen immediately following an arrest – a suspected DUI driver will be notified of the suspension long before they ever appear in court. In this section of Illinois DUI law, the police officer essentially plays judge and jury.
The arresting police officer can issue a notice of summary suspension if a driver registers a blood alcohol content of .08 percent or higher in a breathalyzer test, or if the drivers refuses to take a breathalyzer test, according to the Secretary of State’s website. A first-time offender who refuses to take the breathalyzer test will have his or her license suspended for a year – if the same person took the test and was determined to be drunk, he or she would loose the license for six months.
These suspensions can be challenged, but Illinois DUI laws make it very difficult to do. Keep in mind, even if a person is acquitted of DUI in Illinois, it is likely his or her driver’s license will still be suspended. In 2009, Illinois instituted a law allowing first-time DUI offenders to keep their licenses if they install a device in their cars that force them to take breathalyzer tests each time they start the ignition.
Illinois court system
It is through the court system that it is officially determined whether a person has committed a crime – in this case driving under the influence. If convicted of DUI, a class A misdemeanor, an Illinois driver faces potential fines and jail time, according to the Secretary of State’s website. For first-time offenders, a jail sentence is extremely rare, but high fines are almost a certainty. Typically, a person who pleads guilty to DUI in Illinois will shell out between $2,000 to $2,500 to the state.
Often, a person accused of driving under the influence will negotiate with the state’s attorney in the county where they were arrested to determine the exact penalties for their crimes. In Illinois, first-time DUI offenders are often given supervision (rather than being convicted, which leaves a more permanent mark on a person’s record) and forced to take DUI classes.
Many people accused of DUI in Illinois get an attorney. Because Illinois DUI laws are so complex, it is often worth the money (often in the $750 to $1,000 range) to have a guide through the process. A DUI attorney can also advise the alleged offenders on whether to challenge their charges, and how they might go about that process.
Sources:
Illinois Secretary of State
The Daily Herald
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