Murphysboro DUI Lawyers
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Fertel Law Office: What you should know if you are stopped for DUI:
DRIVING UNDER THE INFLUENCE (DUI)
It is illegal to operate a vehicle in Illinois with a blood alcohol content (BAC) of .08 or greater. A driver can also be charged with DUI for driving under the influence of other drugs. These may be legal or illegal substances that cause impairment to the driver.
When you drive in Illinois, you agree to submit to testing for alcohol or drugs. If you refuse to do so you may be sentenced to a longer suspension of driving privileges than if you had tested over .08 and your refusal can be used as evidence against you.
SUSPENSION OF DRIVER'S LICENSE
The temporary withdrawal by formal action of the Secretary of State of a person's license or privilege to operate a motor vehicle on the public highways, for a period specifically designated by the Secretary.
REVOCATION OF DRIVER'S LICENSE
A revocation is the loss of driving privileges with no guarantee of reinstatement. An individual may apply for reinstatement at the end of the revocation period. An administrative hearing, remedial education, recent alcohol/drug assessment, substance abuse treatment and payment of applicable fees also are required. If approved, reinstatement requires retesting and fees for a new driver's license.
PROBATIONARY LICENSE TO DRIVE
A conditional license granting full driving privileges during a period of suspension.
JUDICIAL DRIVING PERMIT
A permit granted at the discretion of the State that permits a driver to drive for the purpose of employment, receiving drug treatment or medical care, and educational pursuits, where no alternative means of transportation is available. This is only granted to first time offenders.
STATUTORY SUMMARY SUSPENSION
When a person's privilege to drive a motor vehicle on the public highways has been summarily suspended for DUI, his or her driver's license shall be suspended:
1. Three months from the effective date of the statutory summary suspension imposed following the person's submission to a chemical test which disclosed an alcohol concentration of 0.08 or more.
2. Six months from the effective date of the statutory summary suspension for a refusal or failure to complete a test or tests to determine the alcohol, drug, or intoxicating compound concentration.
3. One year from the effective date of the summary suspension imposed for any person other than a first offender following submission to a chemical test which disclosed an alcohol concentration of 0.08.
4. Three years from the effective date of the statutory summary suspension for any person other than a first offender who refuses or fails to complete a test or tests to determine the alcohol, drug, or intoxicating compound concentration.
PENALTIES
If blood alcohol level is greater than .08 but less than .16 the following penalties apply:
First conviction - A person convicted of DUI for the first time is guilty of a Class A Misdemeanor unless certain factors exist to enhance the punishment. Upon conviction for a Class A misdemeanor, the court is authorized to impose any of the following penalties: imprisonment for up to 364 days, probation or conditional discharge for up to two years, statutory summary suspension of license, and fines.
Second Conviction - A second conviction for the offense of DUI within five years of a previous violation for DUI requires a mandatory sentence of a minimum of five days of imprisonment or 240days of community service, statutory summary suspension of license, fines, and driver's license revocation.. However, if a person had been previously placed on supervision for a DUI offense, this order of supervision cannot be considered as a prior conviction.
Third or subsequent conviction - A third or subsequent conviction for the offense of DUI requires a mandatory sentence of a minimum of 10 days in jail or 480 days community service, statutory summary suspension of license, fines, and driver's license revocation.
If blood alcohol level is greater than .16 the following penalties apply:
First conviction - a mandatory minimum of 100 hours of community service and a minimum fine of $500.
Second Conviction - a mandatory minimum of 2 days of imprisonment and a minimum fine of $1,250 for a second conviction within 10 years.
Third conviction - Class 4 felony. A mandatory minimum of 90 days of imprisonment, and a minimum fine of $2,500 for a third conviction within 20 years.
Fourth conviction - Class 2 felony. A minimum fine of $2,500 for a fourth conviction. Not eligible for a sentence of probation or conditional discharge.
The statute provides for enhanced punishment for a person who is convicted of DUI while his or her driving privileges are suspended or revoked for violation of DUI or having been the driver of any vehicle involved in a motor vehicle accident resulting in personal injury to or death of any person.
Your Constitutional Rights
Silence. You have a right to remain silent because anything you say can and will be used against you in a court of law. Do not tell the police whether you drank alcohol or ingested any illegal substance.
Legal Assistance. You have the right to consult with a lawyer. The lawyer may be present when you are questioned.
Security. You have the right to be secure from unreasonable searches and seizures. This includes your body and your vehicle. You do not have to get out of your car unless ordered to by the police.
Your Statutory Obligation
Produce Driver's License. If the police officer asks to see your driver's license, vehicle registration, and proof of insurance, you must produce them.
DO's and DON'Ts
DO be polite and courteous
DO have your driver's license, vehicle registration, and proof of insurance ready to show to the police.
DO ask to speak to an attorney.
DON'T answer any police questions.
DON'T volunteer any information or engage in small talk.
DON'T do field sobriety tests [balance tests].
DON'T sign anything.
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