Drunken Driving defense Lawyers of Illinois:
The Illinois DUI law provides in
pertinent part as follows:
A person shall not drive or be in
actual physical control of any vehicle within the state of Illinois
while:
1) the alcohol concentration in that
personÕs blood or breath is 0.08 or more
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 safely driving
4) under the influence of any other
drug or combination of drugs to a degree that renders the person
incapable of driving safely
5) under the combined influence of
alcohol and any 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 personÕs breath, blood, or urine
resulting from the unlawful use or consumption of cannabis, or a
controlled substance or intoxicating compound
NOTE:
b) The fact that any person charged
with Driving Under The Influence 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 a charge or violation
(c) Except as provided under paragraph
(d) of this Section, every person convicted of violating this Section
or a similar provision of a local ordinance, shall be guilty of a
Class A misdemeanor and, in addition to any other criminal or
administrative action, for any second conviction of violating this
Section or a similar provision of a local ordinance committed within 5
years of a previous violation of this Section or a similar provision
of a local ordinance shall be mandatorily sentenced to a minimum of 48
consecutive hours of imprisonment or assigned to a minimum of 100
hours of community service as may be determined by the court. Every
person convicted of violating this Section or a similar provision of a
local ordinance shall be subject to a mandatory minimum fine of $500
and a mandatory 5 days of community service in a program benefiting
children if the person committed a violation of paragraph (a) or a
similar provision of a local ordinance while transporting a person 16
years of age or younger. Every person convicted a second time for
violating this Section or a similar provision of a local ordinance
within 5 years of a previous violation of this Section or a similar
provision of a local ordinance shall be subject to a mandatory minimum
fine of $500 and 10 days of mandatory community service in a program
benefiting children if the current offense was committed while
transporting a person 16 years of age or younger. The imprisonment or
assignment under this subsection shall not be subject to suspension
nor shall the person be eligible for probation in order to reduce the
sentence or assignment.
(c-1) A person who violates this
Section during a period in which his or her driving privileges are
revoked or suspended under this Section or Section 11-501.1 of this
Code or restricted under Section 6-303 of this Code, where the
revocation, suspension, or restriction was for a violation of this
Section shall, unless otherwise sentenced to a term of imprisonment in
the penitentiary, in addition to any other criminal or administrative
action, be mandatorily sentenced to a minimum term of 30 consecutive
days of imprisonment, 40 days of 24 hour periodic imprisonment or 720
hours of community service, as may be determined by the court. A
sentence of imprisonment, periodic imprisonment, or community service
shall not be subject to suspension nor shall the person be eligible
for probation in order to reduce the sentence.
(c-2) A minimum term of imprisonment
of not less than 48 consecutive hours or 10 days of community service
as may be determined by the court shall be imposed for a second or
subsequent violation within 5 years of a previous violation of Section
11-501 of this Code or a similar provision of a local ordinance.
(d)(1) Every person convicted of
committing a violation of this Section shall be guilty of aggravated
driving under the influence of alcohol or drugs or a combination of
both if:
(A) the person committed a violation
of paragraph (a) for the third or subsequent time;
(B) the person committed a violation
of paragraph (a) while driving a school bus with children on board;
(C) the person in committing a
violation of paragraph (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; or
(D) the person committed a violation
of paragraph (a) for the second time and has been previously convicted
of violating Section 9-3 of the Criminal Code of 1961 relating to
reckless homicide in which the person was determined to have been
under the influence of alcohol or any other drug or drugs as an
element of the offense or the person has previously been convicted
under subparagraph (C) of this paragraph (1).
(2) Aggravated driving under the
influence of alcohol or drugs or a combination of both is a Class 4
felony for which a person, if sentenced to a term of imprisonment,
shall be sentenced to not less than one year and not more than 3 years
for a violation of subparagraph (A), (B) or (D) of paragraph (1) of
this subsection (d) and not less than one year and not more than 12
years for a violation of subparagraph (C) of paragraph (1) of this
subsection (d).
(e) After a finding of guilt, and
prior to any final sentencing or an order for supervision, for an
offense based upon an arrest for a violation of this Section or a
similar provision of a local ordinance, individuals shall be required
to undergo a professional evaluation to determine if an alcohol or
other drug abuse problem exists and the extent of the problem.
Programs conducting these evaluations shall be licensed by the
Department of Alcoholism and Substance Abuse. The cost of any
professional evaluation shall be paid for by the individual required
to undergo the professional evaluation.
(f) Every person found guilty of
violating this Section, whose operation of a motor vehicle while in
violation of this Section proximately caused any incident resulting in
an appropriate emergency response, shall be liable for the expense of
an emergency response as provided under Section 5-5-3 of the Unified
Code of Corrections.