Dui laws are strictly enforced during the holiday season. DuPage DUI Attorney Don Ramsell offers a quick guide to the Illinois DUI laws for 2012 here.
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):
First Offense:
- 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
Passenger Under 16
Subject to 6 months jail or 25 days community service in a program
benefitting children
Subject to mandatory minimum $1000 fine and 25 days community service in a
program benefitting children
Up to maximum fine of $2,500.00
If Bodily Harm to Passenger under 16,
Class 4 felony, min $2,500.00 to max $25,000.00 plus 25 days community
service in a program benefitting children and
Mandatory minimum 10 days jail or 480 hours community service [11-501(d)(3)]
If suspended, revoked, or no license or no insurance, then
Class 4 felony 1-3 years imprisonment or
Probation up to 30 months and
Mandatory minimum 10 days jail or 480 hours community service [11-501(d)(3)]
If driving School Bus with pass
If driving in a school zone with limit of 20 mph in effect and
accident with bodily harm other than great bodily harm, permanent
disability or disfigurement
Class 4 felony 1-3 years imprisonment or
Probation up to 30 months and
Mandatory minimum 10 days jail or 480 hours community service [11-501(d)(3)]
If prior Reckless Homicide
- Class 3 felony non-probationable 2-5 years imprisonment
If Great bodily harm, permanent disability or
disfigurement
Class 4 felony 1-12 years imprisonment or
Probation up to 30 months and
Mandatory minimum 10 days jail or 480 hours community service [11-501(d)(3)]
and
Minimum fine $2,500.00
Second Offense
Class A Misdemeanor
No Court Supervision - Mandatory Conviction
Revocation of Driving Privileges
DUI Alcohol or Drug Counseling based upon a DUI evaluation
Mandatory 5 days jail or 240 hours community service
DUI technology Fee of $1,000.00
$50.00 Roadside Memorial Fund Fee (730 ILCS 5/5-9-1.17)
Fines of up to $2,500.00
If 2d DUI and prior reckless homicide, then Class 4 felony
If BAC>.16
Add additional 2 days jail to above penalties
Mandatory minimum fine of $1250.00
If Passenger
Class 2 felony 3-7 years imprisonment or probation up to 48 months
§11-501(d)(1)(K) and (I) and
min $2500.00 plus 25 days community service in a program benefitting
children §11-501(d)(1)(K) and (I) and
Mandatory minimum 10 days jail or 480 hours community service [11-501(d)(3)]
If Bodily Harm to Passenger under 16,
Class 2 felony 3-7 years imprisonment or probation up to 48 months
§11-501(d)(1)(K) and (I), and
min $5000.00 to max $25,000.00
plus 25 days community service in a program benefitting children
and
Mandatory minimum 10 days jail or 480 hours community service [11-501(d)(3)]
If Great bodily harm, disability or disfigurement to any
person
Class 4 felony, from probation to 1-12 years imprisonment
Minimum fine of $5000.00 plus 25 days community service in a program
benefitting children (any bodily harm per 11-501(d)(1)(K and I)
Mandatory minimum 10 days jail or 480 hours community service 11-501(d)(3)
If suspended, revoked, or no insurance, then
Class 4 felony 1-3 years imprisonment or
Probation up to 30 months and
Mandatory minimum 10 days jail or 480 hours community service 11-501(d)(3)
If prior Reckless Homicide, or prior DUI resulting in death,
then
Class 3 felony non-probationable 2-5 years
If accident with great bodily harm
Class 4 felony 1-3 years imprisonment or
Probation up to 30 months and
Mandatory minimum 10 days jail or 480 hours community service 11-501(d)(3)
Minimum fine $5,000.00
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.
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