August 30th, 2013 at 2:10 pm
In Illinois, it is illegal to drive a vehicle under the influence of alcohol or other drugs. When it comes to alcohol, a person will be considered under the influence if they have a blood alcohol concentration of .08 or more, or if the circumstances indicate that they are unable to operate a vehicle safely.
One may be considered under the influence even if their blood alcohol content is substantially below .08, as long as there is enough evidence to show that they were not acting normally. In a DUI stop, the field sobriety test will be a strong indicator of this even without a breathalyzer test.
The first time a person is caught driving under the influence, they are subject to a Class A misdemeanor, revocation of their license and a minimum $750 fine. The second time they are caught, they will be subject to a Class A misdemeanor, license revocation, five days imprisonment (or 240 hours of community service), as well as having to have an ignition interlock device installed in their vehicle.
Illinois law also has harsher punishment for cases where the driver was driving while intoxicated while transporting a child under 18 or if there is an accident. If the there was an accident, the defendant is liable for all the expenses associated with emergency medical vehicles. Moreover, under Illinois law, each subsequent DUI (especially aggravated ones) will carry stiffer penalties.
Lastly, if a driver is found guilty of a DUI, they may also be ordered to undergo counseling to determine if they have a substance abuse problem.
The Illinois DUI statutes contain specific guidelines and impose stiff penalties on violators. However, those same guidelines can enable a person to fight or appeal their DUI charge if the process was flawed. If you are facing a DUI, do not take a chance, have an Illinois DUI attorney who knows the system fight for you.