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Illinois DUI Laws To Be Strictly Enforced in DuPage This Holiday Season

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.

    This post is contributed by a community member. The views expressed in this blog are those of the author and do not necessarily reflect those of Patch Media Corporation. Everyone is welcome to submit a post to Patch. If you'd like to post a blog, go here to get started.

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