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Illinois Secretary of State
"Driving Under the Influence" is defined as operating a motor vehicle
while impaired by alcohol, other drugs or intoxicating compounds. In
Illinois, a driver is legally considered to be under the influence if
he/she has a blood-alcohol content (BAC) of .08 percent or greater, has
used any illegal substance, or is impaired by medication. A driver's
BAC is based on the ratio of alcohol to blood or breath. However, an
individual showing alcohol levels between .05 and .08 percent may be
convicted of DUI if additional evidence determines that the driver was
impaired.
Attorney Offices by Municipality
- Naperville
- Niles
- McInerney, Michael:
Criminal law
* Federal investigations
* Juvenile justice
* White collar crime
* Battery / murder / rape
* DUI / drunk driving
* Traffic offenses
* Drug charges
* Theft / retail theft
* Driver's license reinstatement
- Northbrook
- Northfield
- Northlake
- John
Gallagher: Charges of Driving Under the Influence (DUI) can lead to
real problems with your driving privileges, as well as criminal
penalties.
- Oak Park
- Dean, Kent:
Serious felonies. Disruptive abuse and neglect investigations. Simple traffic matters.
- Orland Park
- Ottawa
- Armstrong & Surin:
* Adoption
* Bankruptcy
* Criminal Law
* Custody & Visitation
* Divorce
* DUI/DWI
* Medical Malpractice
* Motor Vehicle Accidents
* Personal Injury - Plaintiffs
* Real Estate Law
* Traffic Violations
- Overland Park
- Sam Haddad:
If you have been pulled over for suspicion of drinking and driving, do not give the prosecution the benefit of a failed sobriety case. Politely refuse to perform field sobriety tests. Do not admit to drinking. Always be polite but do not be fooled into thinking you will be helping yourself by confessing.
- Oak Lawn
- Cunningham, Kevin:
DUI is a serious criminal offense in Illinois. Possible sentences are incarceration, loss of driving privileges, community service, probation, vehicle immobilization or forfeiture, and serious fines Š not to mention increased insurance rates. The Secretary of State will suspend your driving privileges beginning 46 days after your arrest if you failed a breath test or refused the breathalyzer. DUI carries serious consequences, and requires a serious DUI defense attorney who is capable of mounting an effective defense.
- Forst Law Office:
* DUI
* Theft/shoplifting/retail theft
* Driving while suspended
* Driving without insurance
* Speeding and other traffic violations
* Domestic violence/domestic battery (OFP hearings as well)
* Other traffic and misdemeanor offenses
- Olympia Fields
- Dixon, Ronald:
Driving Under the Influence (DUI): If you or your son or daughter has been charged with a first-time DUI, it is important to contact an attorney immediately. There are time limitations to contesting the administrative license revocation and possible defenses to the police stop. A charge of DUI does not mean you are guilty.
- Oak Brook
- Oakbrook Terrace
- Olympia Fields
- Wigell & Associates:
First Time DUI Penalties
In Illinois, a first drunk driving charge is a misdemeanor offense, punishable by:
-Up to a year in jail
-A fine of up to $2,500
-Possible driver's license suspension of up to six months (depending on whether you failed the breathalyzer test or refused it)
But the consequences don't stop there. Some insurance companies will discontinue your auto coverage; others will insure you only at a greatly increased premium. If you have a commercial driver's license, a DUI conviction could mean the end of your livelihood.
When you look at it this way, it's easy to see how important it is to have an experienced DUI defense lawyer protect your rights as soon as possible after a DUI arrest.
Don't Give Up Hope
You have only 90 days to request a license suspension hearing before the DMV, and only 45 days before your suspension goes into affect.
- Palantine, Park Ridge, Peoria
- Palos Heights
- Florey, Daniel:
Unlike civil law, which involves private law suits between two or more private entities, criminal law attorneys represent clients who are being prosecuted by the state or federal government for an act that has been classified as a crime. Any act or failure to perform an act as designated by public law is considered a crime. With the exception of strict liability crimes, most crimes consist of three elements: an act (actus reus), a mental state (mens rea) and the intent to do social harm. Crimes are classified as 'misdemeanors' (less serious offenses that are normally punishable by a fine like some traffic violations, petty theft, or possession of a small amount of marijuana) and 'felonies' (more serious offenses that warrant imprisonment of one or more years, such as rape, grand theft, assault and battery, assault with a deadly weapon, or homicide/murder).
In criminal law, the suit is initiated by the state or federal government through a prosecutor rather than being initiated by the victim, as it is in civil law. Plaintiffs in a civil law suit only need to show by a preponderance of the evidence that a defendant is 51% or more liable (responsible) for the damages. But, the prosecutor in a criminal law case has to prove to the judge or jury 'beyond a reasonable doubt' that the defendant is guilty of the crime charged.
- Pekin
- Taylor, Luke:
Criminal Defense
Misdemeanor and Felony
Traffic
Federal
Domestic Battery
DUI
Drug and Gun Charges
Expungement/Record Sealing
Drivers License Reinstatement
Family Law
Divorce
Orders of Protection
Paternity
Child and Spousal Support
Child Custody/Visitation
Property Distribution
Adoption/Guardianship
Personal Injury
WorkersÕ Compensation
Medical Malpractice
Auto Accidents
Estate
Will/Power of Attorney
Probated Estates
Incorporations
Landlord/Tenant Disputes
- Peru
- Leynaud & Leynaud:
Adoptions
Automobile Accidents
Buying and Selling
Child Custody
Child Support
Criminal
Divorce
Domestic Violence Dog Bites
Drug Crimes
DUI and Traffic Insurance
General Civil and Trial Practice
General Practice
Juvenile Crimes
LandlordTenant and Family Law BusinessBanking Litigation
Mediation
Medical Malpractice
Personal Injury
Real Estate
Slip and Fall
Visitation Rights
White Collar
Wills and Probate
Workers Compensation
Wrongful Death
Zoning and Land Use Bad Faith
- Rock Falls
- Rockford, Rolling Hills, Round Lake Beach, Schaumberg, Skokie
- Roselle
- Greg Martucci:
Traffic Defense & DUI
The motor vehicle traffic laws are vast and varied. Whether you are charged with speeding, reckless driving, driving under the influence of drugs or alcohol (DUI), or disobeying other traffic laws or ordinances, the consequences to your driving privileges can be severe.
- Rosemont
- Harth, Charles:
Were you stopped for a DUI? Learn where you stand and what your options are.
- Schaumburgh
- Skokie
- South Holland
- Stroud, Kevin: everyone deserves an excellent defense
- Springfield
- St. Charles
- Sugar Grove
- Sycamore
- Urbana
- Thomas A. Bruno and Associates:
Illinois law
provides that it is a "Class A" misdemeanor to drive with 0.08% BAC or
greater, regardless of whether your ability to drive is impaired. This
was changed from the previous 0.10% effective July 3, 1997, as Illinois
became the 14th state to lower its level from 0.10% to 0.08%. It is
also illegal to drive when your ability to do so is impaired by alcohol
and/or drugs, regardless of your BAC. BAC is Blood Alcohol
Concentration, or the percentage of alcohol in your bloodstream,
typically measured by measuring the alcohol in your exhaled breath and
attempting to compute the percentage that is in your blood by applying
a formula to convert alcohol in your exhaled breath to alcohol in your
bloodstream. A "Class A" misdemeanor is punishable by up to one year in
jail and up to a $2,500 fine. If you had a breath test of 0.16% BAC or
greater there is a minimum fine of $600. Upon conviction for Driving
Under the Influence, the Secretary of State is compelled to revoke your
driver's license. Revocation is open-ended. You are eligible to
re-apply for your driving privileges after one year (typically), but
many persons find that it takes 18, 24, or even 36 months before they
can satisfy the Secretary of State to reissue their driver's license.
Is DUI different from DWI? No. In different states, and even in
different areas of Illinois, different terminology is used. DWI is
"Driving While Intoxicated". DUI is "Driving Under the Influence". The
term "Driving While Intoxicated" does not appear anywhere in the
Illinois statute, but the two terms are used almost interchangeably.
Statutory Summary Suspension If a request is properly made by the
police officer, following an arrest for Driving Under the Influence,
that the arrested driver submit to a breath test, the driver must
comply or face suspension of his or her license. Illinois law
catagorizes persons as "first offenders" and "non-first offenders". A
first offender who refuses a proper request for a breath test faces an
automatic six month loss of license. A first offender who blows a
breath test greater than 0.08% BAC faces an automatic three month loss
of license. The length of the suspension depends on whether the person
has a prior Statutory Summary Suspension and whether the person
submitted to a breath or blood test in the current case. This
suspension is automatic. However, the law does provide an opportunity
for the defendant to have a pre-trial hearing at which he or she can
contest the suspension. This pre-trial hearing is separate and distinct
from a person's guilt or innocence. We have been successful many times
prevailing in these pre-trial hearings, thus assuring that our clients'
driving privileges are not suspended. These suspensions begin 45 days
after the refusal or breath test. They occur regardless of the outcome
of the actual charge of Driving Under the Influence. The second phase
of a DUI is the guilt or innocence of the person accused of the DUI. In
this phase, the prosecution must prove beyond a reasonable doubt the
guilt of the person accused of DUI.
- Welch, Harvey:
* Assault and battery
* Traffic violations
* Sex offenses
* Drunk driving (DUI)
* Juvenile delinquency offenses
* Theft
* Drug crimes
* Probation violations
* Financial crimes
* Homicide
- Patel & Lehman:
Areas of Practice
* Medical Malpractice
o Nursing Home Neglect
o Surgical Errors and Anesthesia Errors
o Birth Injuries
o Emergency Room Errors
o Delays in Diagnosis/Misdiagnosis
* Personal Injury
o Car, Motorcycle and Truck Accidents
o Wrongful Death
o Brain Injuries
* Criminal Defense
o DUI Defense
o Federal Criminal Defense
o Drug Crimes
o Sex Crimes
o Murder/Homicide
- Unknown
- Vernon Hills
- Wineberg, Scott:
Felonies
Misdemeanors
Traffic tickets and major motor vehicle infractions
Illinois Secretary of State hearings
Juvenile delinquency
Juvenile abuse/neglect and termination of parental rights
llinois D.C.F.S. administrative appeals
- Warrenville
- Locke, Brooks:
When you are accused of a crime, it makes sense to do all you can to protect yourself in a court of law. Even if you did make a mistake, our firm believes that the punishment should fit the crime and no one should have to waste a significant portion of their life because of one stupid mistake.
- Spiwak, Phillip:
In Illinois, DUI (driving under the influence, sometimes called DWI or drunk driving) is a serious offense with serious potential consequences.
- Washington
- Essig Law Office:
* Real estate
* Family law
* Criminal law
* DUI
* Estate planning
* Personal injury
* Workers' compensation
* Bankruptcy
- Waukegan
- Wauconda
- Furman, Mitch:
In Illinois, a person with a BAC of .08 is considered legally drunk. A driver's BAC is determined by the ratio of alcohol to breath or blood and may be measured by a breathalyzer or blood test. Any person found operating a motor vehicle in Illinois with a BAC of .08 percent or more can be charged with Drunk Driving. A DUI arrest triggers an automatic suspension of one's drivers license. If you are arrested for a DUI call an experienced attorney today.
Illinois DUI Lawyer Felony - Misdemeanor Firm
First DUI conviction
* Minimum of one-year loss of full driving privileges.
* Possible imprisonment for up to one year.
* Maximum fine of $1,000.
Second DUI Conviction
* Minimum three-year loss of full driving privileges for a second conviction in a 20-year period.
* Mandatory 48 hours in jail or 10 days community service for a second conviction in a five-year period.
* Possible imprisonment for up to one year.
* Maximum fine of $1,000.
Third DUI Conviction - Class 4 felony
* Minimum six-year loss of full driving privileges.
* Possible imprisonment for up to three years.
* Maximum fine of $10,000.
Other Alcohol Offenses
Felony DUI
Class 4 felony (following a crash resulting in great bodily harm or permanent disfigurement.)
* Loss of full driving privileges for a minimum of one year.
* Possible imprisonment for one to three years.
* Maximum fine of $10,000.
Providing Alcohol to a Person Under Age 21
* Possible imprisonment for up to one year.
* Maximum fine of $2,500.
Illegal Transportation of an Alcoholic Beverage
* Maximum fine of $500.
* Point-assigned violation will be entered on drivers record.
* Drivers license suspension for a second conviction in a 12-month period.
Knowingly Permitting a Driver Under the Influence to Operate a Vehicle
* Possible imprisonment for up to one year.
* Maximum fine of $1,000.
Summary Suspension
First Offense
* A chemical test indicating a BAC of .08 or greater results in a mandatory six-month drivers license suspension.
* Refusal to submit to a chemical test(s) results in a twelve-month license suspension.
Subsequent Offenses
* Refusal to submit to a chemical test(s), or test results indicating a BAC of .08 or greater, results in a mandatory 12 months drivers license suspension.
Drivers under age 21 represent 10% of licensed drivers but are involved in 17% of alcohol-related fatal crashes. If you are arrested for DUI you will be handcuffed and taken to jail. What will your parents say when you call home and tell them you are in jail and need to call a Drunk Driving Law Firm to bail you out? Illinois Drunk Driving laws for drivers under 21 years of age are tough and will effect your life for years-- if you live that long.
Crashes are a leading cause of death for teens. Nationally, six individuals between the ages of 15 - 20 die in motor vehicle crashes each day. About 2 in every 5 Americans will be involved in an alcohol-related crash at some time in their lives.
The average college student spends more money for alcohol than for books.
Legal Consequences of Underage Drinking and Drunk Driving
First Underage 21 DUI Conviction
* Loss of full driving privileges for a minimum of 2 years.
* Possible imprisonment for up to 1 year.
* Maximum $2,500 fine.
Second Underage 21 DUI Conviction
* Loss of full driving privileges for a minimum of 5 years or until age 21, whichever is longer.
* Mandatory 5 days in jail or 30 days community service if prior offense within 5 years.
* Possible imprisonment for up to l year.
* Maximum $2,500 fine.
Third Underage 21 DUI Conviction - Class 4 Felony
* Loss of full driving privileges for a minimum of 10 years.
* Mandatory 10 days imprisonment or 60 days community service.
* Possible imprisonment for 1-3 years.
* Maximum $25,000 fine if prior offense within 5 years.
Aggravated DUI
Class 4 Felony (Following a crash resulting in great bodily harm or permanent disfigurements)
* Loss of full driving privileges for a minimum of 1 year.
* Possible imprisonment for 1-12 years.
* Maximum fine of $25,000.
Underage Illegal Transportation of an Alcoholic Beverage
* Maximum fine of $1,000.
* Drivers license suspended for first conviction.
* Drivers license revoked for a second conviction.
Summary Suspension
* A chemical test indicating a blood alcohol concentration (BAC) of .08 or greater results in a 6-month drivers license suspension.
* Refusal to submit to a chemical test(s) results in a 12-month license suspension.
* For subsequent offenses, a chemical test indicating a BAC of .08 or greater results in a 12-month drivers license suspension. Refusal to submit to a chemical test(s) results in a 36-month drivers license suspension.
Possession of Alcoholic Beverages
It is illegal for any person under the age of 21 to have alcoholic beverages in their possession, whether open or unopened. Penalties include:
* A maximum of $2,500 fine and up to one year in jail.
Using a Fake Illinois Drivers License or ID Card
The penalties for using false IDs are serious and could change your life forever.
* Obtaining a drivers license through false affidavit is punishable by 1-3 years in prison and a maximum $25,000 fine.
* Allowing another person to use your identification documents to apply for a drivers license or ID card is punishable by 1-3 years in prison and a maximum $25,000 fine.
Zero Tolerance Law for Underage Drinking and Driving
Zero tolerance is a state law that went into effect on January 1, 1995. The law provides for suspension of the driving privileges of any person under the age of 21 who drives after consuming alcohol. Like the name zero tolerance suggests, any trace of alcohol in a young person's system can result in a suspended drivers license. There are exceptions -- minors who consume alcohol as part of a religious service or those who ingest a prescribed or recommended dosage of medicine containing alcohol.
Penalties for Drinking and Drunk Driving
The Zero Tolerance Law provides that minors can have their driving privileges suspended even if they're not intoxicated at the .08 level. The following table shows the length of time your driving privileges may be suspended under the Zero Tolerance Law (for BAC of .01 or greater) and DUI Laws (for BAC of .08 or greater). The loss of driving privileges is greater if you refuse to take a sobriety test.
Under Zero Tolerance Law Under DUI Laws
If Test Refused If Test Refused
1st Violation 3 Months 6 Months 2 Years 2 Years
2nd Violation 1 Year 2 Years Until age 21 or
5 Years Minimum Until age 21 or
5 Years Minimum
Effect on Your Driving Record
* Zero Tolerance (BAC of .01 or greater) -- Except during suspension period, not on public driving record as long as there is no subsequent suspension
* DUI Conviction (BAC of .08 or greater) -- Permanently on public driving record
Under certain conditions, you may be charged with DUI even though your BAC is below .08. if so, call an attorney.
Blood Alcohol Content Table
This table was created by a lawyer and shows the effects of alcohol on a normal person of a given body weight. Please do not take this table as a license to drink irresponsibly. Everyone is different, and alcohol effects each person in a slightly different way. Only you know your limits. Please drink within them.
One drink equals:
* 1 oz. 86 proof Liquor, or
* 3 oz. wine, or
* 12 oz. Beer
Levels of Intoxication:
* BAC less than .05% - Caution
* BAC .05 to .079% - Driving Impaired
* BAC .08% & up - Presumed Under the Influence
Body
Weight Number of Drinks
1 2 3 4 5 6 7 8 9
100 0.032 0.065 0.097 .0129 .0162 0.194 0.226 0.258 0.291
120 0.027 0.054 0.081 0.108 0.135 0.161 0.188 0.215 0.242
140 0.023 0.046 0.069 0.092 0.115 0.138 0.161 0.184 0.207
160 0.020 0.040 0.060 0.080 0.101 0.121 0.141 0.161 0.181
180 0.018 0.036 0.054 0.072 0.090 0.108 0.126 0.144 0.162
200 0.016 0.032 0.048 0.064 0.080 0.097 0.113 0.129 0.145
220 0.015 0.029 0.044 0.058 0.073 0.088 0.102 0.117 0.131
240 0.014 0.027 0.040 0.053 0.067 0.081 0.095 0.108 0.121
This table was created by a lawyer and shows the effects of alcohol within one hour on a normal person of a given body weight. Please do not take this table as a license to drink irresponsibly. Everyone is different, and alcohol effects each person in a slightly different way. Only you know your limits. Please drink within them.
Source: Illinois State Police Website
Illinois DUI Law
625 ILCS 5/11-501 - DUI STATUTE
11-501. Driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof.
(a) A person shall not drive or be in actual physical control of any vehicle within this State while:
(1) the alcohol concentration in the person's blood or breath is 0.08 or more based on the definition of blood and breath units in Section 11-501.2;
(2) under the influence of alcohol;
(3) under the influence of any intoxicating compound or combination of intoxicating compounds to a degree that renders the person incapable of driving safely;
(4) under the influence of any other drug or combination of drugs to a degree that renders the person incapable of safely driving;
(5) under the combined influence of alcohol, other drug or drugs, or intoxicating compound or compounds to a degree that renders the person incapable of safely driving; or
(6) there is any amount of a drug, substance, or compound in the person's breath, blood, or urine resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act.
(b) The fact that any person charged with violating this Section is or has been legally entitled to use alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof, shall not constitute a defense against any charge of violating this Section.
(c) Penalties.
(1) Except as otherwise provided in this Section, any person convicted of violating subsection (a) of this Section is guilty of a Class A misdemeanor.
(2) A person who violates subsection (a) or a similar provision a second time shall be sentenced to a mandatory minimum term of either 5 days of imprisonment or 240 hours of community service in addition to any other criminal or administrative sanction.
(3) A person who violates subsection (a) is subject to 6 months of imprisonment, an additional mandatory minimum fine of $1,000, and 25 days of community service in a program benefiting children if the person was transporting a person under the age of 16 at the time of the violation.
(4) A person who violates subsection (a) a first time, if the alcohol concentration in his or her blood, breath, or urine was 0.16 or more based on the definition of blood, breath, or urine units in Section 11-501.2, shall be subject, in addition to any other penalty that may be imposed, to a mandatory minimum of 100 hours of community service and a mandatory minimum fine of $500.
(5) A person who violates subsection (a) a second time, if at the time of the second violation the alcohol concentration in his or her blood, breath, or urine was 0.16 or more based on the definition of blood, breath, or urine units in Section 11-501.2, shall be subject, in addition to any other penalty that may be imposed, to a mandatory minimum of 2 days of imprisonment and a mandatory minimum fine of $1,250.
(d) Aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof.
(1) Every person convicted of committing a violation of this Section shall be guilty of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof if:
(A) the person committed a violation of subsection (a) or a similar provision for the third or subsequent time;
(B) the person committed a violation of subsection (a) while driving a school bus with persons 18 years of age or younger on board;
(C) the person in committing a violation of subsection (a) was involved in a motor vehicle accident that resulted in great bodily harm or permanent disability or disfigurement to another, when the violation was a proximate cause of the injuries;
(D) the person committed a violation of subsection (a) and has been previously convicted of violating Section 9-3 of the Criminal Code of 1961 or a similar provision of a law of another state relating to reckless homicide in which the person was determined to have been under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds as an element of the offense or the person has previously been convicted under subparagraph (C) or subparagraph (F) of this paragraph (1);
(E) the person, in committing a violation of subsection (a) while driving at any speed in a school speed zone at a time when a speed limit of 20 miles per hour was in effect under subsection (a) of Section 11-605 of this Code, was involved in a motor vehicle accident that resulted in bodily harm, other than great bodily harm or permanent disability or disfigurement, to another person, when the violation of subsection (a) was a proximate cause of the bodily harm;
(F) the person, in committing a violation of subsection (a), was involved in a motor vehicle, snowmobile, all-terrain vehicle, or watercraft accident that resulted in the death of another person, when the violation of subsection (a) was a proximate cause of the death;
(G) the person committed a violation of subsection (a) during a period in which the defendant's driving privileges are revoked or suspended, where the revocation or suspension was for a violation of subsection (a) or a similar provision, Section 11-501.1, paragraph (b) of Section 11-401, or for reckless homicide as defined in Section 9-3 of the Criminal Code of 1961;
(H) the person committed the violation while he or she did not possess a driver's license or permit or a restricted driving permit or a judicial driving permit or a monitoring device driving permit;
(I) the person committed the violation while he or she knew or should have known that the vehicle he or she was driving was not covered by a liability insurance policy;
(J) the person in committing a violation of subsection (a) was involved in a motor vehicle accident that resulted in bodily harm, but not great bodily harm, to the child under the age of 16 being transported by the person, if the violation was the proximate cause of the injury; or
(K) the person in committing a second violation of subsection (a) or a similar provision was transporting a person under the age of 16.
(2)(A) Except as provided otherwise, a person convicted of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof is guilty of a Class 4 felony.
(B) A third violation of this Section or a similar provision is a Class 2 felony. If at the time of the third violation the alcohol concentration in his or her blood, breath, or urine was 0.16 or more based on the definition of blood, breath, or urine units in Section 11-501.2, a mandatory minimum of 90 days of imprisonment and a mandatory minimum fine of $2,500 shall be imposed in addition to any other criminal or administrative sanction. If at the time of the third violation, the defendant was transporting a person under the age of 16, a mandatory fine of $25,000 and 25 days of community service in a program benefiting children shall be imposed in addition to any other criminal or administrative sanction.
(C) A fourth violation of this Section or a similar provision is a Class 2 felony, for which a sentence of probation or conditional discharge may not be imposed. If at the time of the violation, the alcohol concentration in the defendant's blood, breath, or urine was 0.16 or more based on the definition of blood, breath, or urine units in Section 11-501.2, a mandatory minimum fine of $5,000 shall be imposed in addition to any other criminal or administrative sanction. If at the time of the fourth violation, the defendant was transporting a person under the age of 16 a mandatory fine of $25,000 and 25 days of community service in a program benefiting children shall be imposed in addition to any other criminal or administrative sanction.
(D) A fifth violation of this Section or a similar provision is a Class 1 felony, for which a sentence of probation or conditional discharge may not be imposed. If at the time of the violation, the alcohol concentration in the defendant's blood, breath, or urine was 0.16 or more based on the definition of blood, breath, or urine units in Section 11-501.2, a mandatory minimum fine of $5,000 shall be imposed in addition to any other criminal or administrative sanction. If at the time of the fifth violation, the defendant was transporting a person under the age of 16, a mandatory fine of $25,000, and 25 days of community service in a program benefiting children shall be imposed in addition to any other criminal or administrative sanction.
(E) A sixth or subsequent violation of this Section or similar provision is a Class X felony. If at the time of the violation, the alcohol concentration in the defendant's blood, breath, or urine was 0.16 or more based on the definition of blood, breath, or urine units in Section 11-501.2, a mandatory minimum fine of $5,000 shall be imposed in addition to any other criminal or administrative sanction. If at the time of the violation, the defendant was transporting a person under the age of 16, a mandatory fine of $25,000 and 25 days of community service in a program benefiting children shall be imposed in addition to any other criminal or administrative sanction.
(F) For a violation of subparagraph (C) of paragraph (1) of this subsection (d), the defendant, if sentenced to a term of imprisonment, shall be sentenced to not less than one year nor more than 12 years.
(G) A violation of subparagraph (F) of paragraph (1) of this subsection (d) is a Class 2 felony, for which the defendant, unless the court determines that extraordinary circumstances exist and require probation, shall be sentenced to: (i) a term of imprisonment of not less than 3 years and not more than 14 years if the violation resulted in the death of one person; or (ii) a term of imprisonment of not less than 6 years and not more than 28 years if the violation resulted in the deaths of 2 or more persons.
(H) For a violation of subparagraph (J) of paragraph (1) of this subsection (d), a mandatory fine of $2,500, and 25 days of community service in a program benefiting children shall be imposed in addition to any other criminal or administrative sanction.
(I) A violation of subparagraph (K) of paragraph (1) of this subsection (d), is a Class 2 felony and a mandatory fine of $2,500, and 25 days of community service in a program benefiting children shall be imposed in addition to any other criminal or administrative sanction. If the child being transported suffered bodily harm, but not great bodily harm, in a motor vehicle accident, and the violation was the proximate cause of that injury, a mandatory fine of $5,000 and 25 days of community service in a program benefiting children shall be imposed in addition to any other criminal or administrative sanction.
(J) A violation of subparagraph (D) of paragraph (1) of this subsection (d) is a Class 3 felony, for which a sentence of probation or conditional discharge may not be imposed.
(3) Any person sentenced under this subsection (d) who receives a term of probation or conditional discharge must serve a minimum term of either 480 hours of community service or 10 days of imprisonment as a condition of the probation or conditional discharge in addition to any other criminal or administrative sanction.
(e) Any reference to a prior violation of subsection (a) or a similar provision includes any violation of a provision of a local ordinance or a provision of a law of another state or an offense committed on a military installation that is similar to a violation of subsection (a) of this Section.
(f) The imposition of a mandatory term of imprisonment or assignment of community service for a violation of this Section shall not be suspended or reduced by the court.
(g) Any penalty imposed for driving with a license that has been revoked for a previous violation of subsection (a) of this Section shall be in addition to the penalty imposed for any subsequent violation of subsection (a).
(h) For any prosecution under this Section, a certified copy of the driving abstract of the defendant shall be admitted as proof of any prior conviction.
- West Chicago
- Westchester
- Flores, Jose:
An Illinois DUI arrest is a very serious matter. You need an experienced
Illinois DUI attorney. You need someone who is familiar with the criminal
law for your case in chief, but also the civil law regarding the suspension or
revocation of your license.
An Illinois charge of DUI for a first offender is usually charged as a Class A
Misdemeanor punishable by up to 364 days in jail and a fine of up to $2500.
If you have prior convictions for DUI or if certain other situations occur,
your case may be charged as a felony.
A DUI conviction will trigger the revocation of your license by the Secretary
of State. If your license is revoked because of an Illinois DUI conviction,
your license can only be reinstated at a hearing in front of administrative
officers from the Secretary of StateÕs office.
The Secretary of State will act to suspend your driverÕs license 46 days after
your arrest for DUI, if you either blew over .08 in a breathalyzer exam, or
refused a breathalyzer test. This suspension can be for as little as three
months or as long as three years.
- West Frankfort
- Hopkins, Aaron:
* All Traffic offense including D.U.I.
* General Criminal offense
* Drug charges
* Juvenile delinquencies
* Abuse and neglect cases
- Green, Terry:
* Adoption
* Child Support
* Contracts
* Criminal Law
* Criminal Law - Federal (White Collar Crimes)
* DUI/DWI
* Estate Planning
* Probate $& Estate Administration
* State, Local & Municipal Law
* Traffic Violations
* Trusts
* Wills
- West Peoria
- Lowe
& Groezinger: DUI is a serious charge that can have serious
consequences. A conviction can damage your reputation, threaten your
career, and revoke your independence behind the wheel. The financial
consequences can also place a great deal of strain on most households.
With an experienced attorney by your side, however, you will gain peace
of mind and survive the court system.
- Wheaten
- Wheeling
- Goldman & Associates:
Being charged with a DUI/DWI is a serious legal matter that should be addressed by a skilled Chicago criminal defense attorney at once. A conviction on a first time DUI can have serious and can include having your driver's license suspended for up to one year, a hefty $2500 fine, added court fees, and even up to one year spent incarcerated in jail. It is not a minor legal matter, and should you are convicted of a DUI, even as a first offender, without fast action taken, it is a certainty that your driving privileges will be suspended or even revoked.
If the DUI charge includes the loss of life, injury or an accident, or a child under age 16 was present in the vehicle at the time of the arrest, you can be facing felony charges, and can even run into difficulty with regard to retaining custody of your children. It is also a felony offense in our state if you are convicted of DUI while driving without a valid license or car insurance. If you are convicted of a felony offense, you could spend a year or even longer in jail. In case of a fatal injury accident, you could go to state prison for years. If you have been arrested and charged with DUI, it is urgent that you get immediate legal representation from a Chicago criminal defense lawyer.
Penalties for DUI in Illinois vary depending upon the circumstances of the arrest and conviction, including age of the driver, the blood alcohol concentration (BAC) level, whether children were being transported and whether the driver had previous DUI convictions.
- Wood Dale
- John Ellsworth: Any of the following can severely impact the results of tests conducted during a typical DUI arrest. For instance:
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Breathalizer Machines often give false readings. |
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Police car lights can create nausea and disorientation. |
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Medications can cause side effects that resemble intoxication. |
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The pitch of the road can impair your balance. |
- Woodridge
- Woodstock
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