DUI Laws and Fines in Illinois

Illinois, like all of the other 50 states across America, has its own definition of DUI and its own set of penalties for DUI. According to the Illinois DUI laws, driving under the influence is defined as the operation of any vehicle while impaired as a result of consumption of any intoxicating substance, including alcohol, drugs, or medication. Illinois also abides by the 0.08% rule, meaning that any blood alcohol level that reads higher than this legal maximum is immediate grounds for an arrest. However, if the driver of the vehicle shows signs of being under the influence, the 0.08% limit need not apply. The officer has the ability to discern whether or not the driver is impaired and is given the authority to make an arrest as a result of his or her training. In such situations, the officer’s statement will typically hold up in court.

Illinois DUI Laws and Penalties

DUI arrests, like most other criminal convictions, come with varying penalties based on the differing circumstances regarding the arrest. If the percentage of blood alcohol content is well above the legal limit, for example, the charge can be altered to a gross or aggravated DUI and can result in a felony conviction for the offender. A felony conviction is punishable by 2 to 10 years imprisonment and a $10,000 fine. Most cases are considered a misdemeanor, however, and are typically punishable by:

• A monetary citation ranging from $300 to $1,200
• Anywhere from 10 days to 364 days in jail
• Suspension or loss of driver’s license for 1 year to permanently
• Proof of participation in an AODA counseling program
• Proof of completion in a state sponsored driver education program

In addition, in 2009, Illinois imposed the BAIID statute and became one of only six states in the U.S. to do so. This rule entitles a court in Illinois to require a first time DUI offender to have a BAIID device installed to deter the driver from drinking and driving. BAIID stands for Breath Alcohol Ignition Interlock Device, and it works by making the driver take a breath test to monitor for alcohol usage before the vehicle may be started. The purpose of this device is to decrease the number of DUI offenders that end up reoffending, and statistically has drastically improved the chances of a first time offender not offending again.

Getting Help

If you are charged with a DUI offense in the state of Illinois, you will generally be allowed to retain the right to represent yourself, however it is always in your personal best interest to acquire a criminal defense lawyer to represent you in court. Your attorney can assist you in arranging a deal or in defending yourself in court to prove your innocence.