Driving under the influence (DUI) is one of the most common criminal charges in Illinois, and it carries serious penalties. Illinois DUI laws, outlined under 625 ILCS 5/11-501, are strict, and the consequences of a conviction can affect your driving privileges, finances, and even your freedom. If you’ve been charged with DUI in Illinois, it’s essential to understand the law, the potential penalties, and how a defense attorney can help you navigate the legal process.
What Constitutes DUI in Illinois?
In Illinois, a driver is considered to be under the influence if their blood alcohol concentration (BAC) is 0.08% or higher. For commercial drivers, the legal limit is 0.04%, and for drivers under 21, Illinois operates under a zero-tolerance policy, meaning any detectable amount of alcohol can result in a DUI charge.
DUI charges aren’t limited to alcohol. Driving under the influence of drugs, including prescription medications that impair your ability to drive, can also result in a DUI charge. Under Illinois law, being in “actual physical control” of a vehicle while impaired—such as sitting in the driver’s seat with the keys in the ignition—can lead to a DUI charge, even if the vehicle is not in motion.
First-Time DUI Offenses in Illinois
A first-time DUI offense in Illinois is classified as a Class A misdemeanor, with penalties that may include:
- Up to one year in jail
- Fines up to $2,500
- A minimum one-year suspension of your driver’s license
- Mandatory drug and alcohol education classes
In some cases, first-time offenders may be eligible for court supervision, which allows them to avoid a conviction on their record if they comply with the terms of the supervision. However, if aggravating factors are present—such as a BAC of 0.16% or higher, or if a child under 16 was in the vehicle—penalties can increase.
Penalties for Multiple DUI Offenses
The penalties for subsequent DUI offenses become more severe. A second DUI offense, for example, is still a Class A misdemeanor but includes mandatory jail time and a longer suspension of driving privileges. Additionally, repeat offenders may be required to install an ignition interlock device (IID) on their vehicle, which prevents the car from starting if alcohol is detected on the driver’s breath.
A third DUI offense in Illinois is classified as a Class 2 felony, carrying penalties that may include:
- 3 to 7 years in prison
- Fines up to $25,000
- Permanent revocation of driving privileges
The severity of the penalties increases with each subsequent DUI offense, and in some cases, additional aggravating factors—such as causing an accident with injuries or death—can elevate the charges to more serious felonies with longer prison sentences and higher fines.
Refusing a Breathalyzer Test in Illinois
Illinois operates under an implied consent law, which means that by driving on Illinois roads, you automatically consent to a chemical test (such as a breathalyzer) if you are suspected of driving under the influence. Refusing to take a breathalyzer test results in an automatic suspension of your driver’s license, regardless of whether you are ultimately convicted of DUI.
For a first offense, refusal to take a breathalyzer test results in a 12-month suspension of your driver’s license. Subsequent refusals can lead to even longer suspensions.
DUI and Your Criminal Record
A DUI conviction in Illinois remains on your driving record permanently, and it cannot be expunged or sealed. This means that a DUI conviction will appear on background checks, potentially affecting your ability to secure employment, professional licenses, or housing. Even if you receive court supervision for a first-time DUI, the conviction will still be visible to law enforcement and the courts if you are charged with another DUI in the future.
Legal Defenses for DUI Charges
If you’ve been charged with DUI in Illinois, there are several defenses that an experienced attorney can raise on your behalf, including:
- Challenging the traffic stop: The police must have reasonable suspicion to pull you over. If the stop was illegal, any evidence obtained during the stop may be inadmissible in court.
- Disputing the breathalyzer results: Breathalyzer machines must be properly calibrated and maintained. If the machine was not working correctly or if the test was administered improperly, the results may be inaccurate.
- Medical conditions: Certain medical conditions, such as acid reflux or diabetes, can result in falsely elevated BAC readings.
An experienced DUI defense attorney will review the details of your case and identify any weaknesses in the prosecution’s evidence.
Why You Need a DUI Defense Attorney
DUI charges carry serious penalties, even for first-time offenders. Without an attorney, you may face jail time, heavy fines, and the loss of your driving privileges. A skilled DUI defense attorney can help you understand the charges against you, negotiate for reduced penalties, and represent you in court to ensure your rights are protected.
Call Us 24/7 For Your Free Consultation
If you are facing DUI charges in Chicago, the Law Offices of David L. Freidberg can help. Contact The Law Offices of David L. Freidberg who offers a free consultation 24/7 to discuss your case and help you understand your legal options. Call us today at (312) 560-7100 or toll-free at (800) 803-1442. We serve clients in Rolling Meadows, across Cook County, and throughout the Chicago area, including DuPage, Will, and Lake counties. Let us fight for your rights and work towards the best possible outcome for your case.