As the Holiday season is upon us, it is wise to remember that the DUI laws are strictly enforced at this time of year. If a friend or family member is facing the law after being arrested for DUI, Driving Under the Influence, Or Drunk Driving (they are all the same thing in Illinois) then here is a quick guide to what might happen to them.
Suspension for Refusing to Submit or Failing the Breath Blood or Uring Test:
If a person is properly arrested, they will most likely be forced to choose between refusing the test or taking it. Here are the consequences:
- Refusal - 12 month suspension for 1st offenders, 36 month suspension for those with a prior DUI within the past 5 years;
- Failing Test - 6 month suspension for 1st offenders, 12 month suspension for those with a prior DUI within past 5 years.
- First offenders automatically qualify for a driving permit after on the 31st day of the suspension.
Of course, there are many ways to challenge the suspension, which would generally require a consultation with a qualified DUI lawyer first.
In addition to the possible suspension of driving privileges noted above, the person faces the possibility of criminal penalties (if they plead guilty or are found guilty after a trial):
- Class A Misdemeanor
- Court Supervision up to 2 years
- DUI Alcohol or Drug Counseling based upon a DUI evaluation
- DUI Tech Fee $750.00 (P.A. Act 96-1342 eff. 1-1-11)
- $50.00 Roadside Memorial Fund Fee (730 ILCS 5/5-9-1.17)
- Fines of $0-$2,500.00
- BAC > .16 or greater
- Mandatory 100 hours community service
- Mandatory Minimum fine of $500.00
program benefitting children
service in a program benefitting children and
accident with bodily harm other than great bodily harm, permanent
disability or disfigurement
- Class 3 felony non-probationable 2-5 years imprisonment
§11-501(d)(1)(K) and (I) and
children §11-501(d)(1)(K) and (I) and
§11-501(d)(1)(K) and (I), and
benefitting children (any bodily harm per 11-501(d)(1)(K and I)
For further information on penalites for persons with 3 or more DUI violations, click here.
The Illinois DUI Laws are vey complicated. If you or a friend are facing a DUI, contact a qualified DUI attorney. For further help or assistance you may call Ramsell & Associates at 630-665-8780 or visit their website by clicking here.