DWI/DUI - Drunk Driving Laws And Attorneys In Illinois
|A comprehensive guide to drunk
driving laws, penalties, fines and
© Copyright 2008 Enticing Designs Inc.
DUI Laws And Penalties In Illinois
A blood alcohol concentration (BAC) of .08 or greater is the level at which
a driver is considered legally intoxicated in Illinois . A driver can also be
arrested and prosecuted for Driving Under the Influence (DUI) with a
BAC in excess of .05 but less than .08.
The DUI criminal charge is prosecuted and adjudicated in the courts.
This charge is separate from the Statutory Summary Suspension, which
is an administrative process. A person convicted of DUI whose driving
privileges were suspended because of a Statutory Summary
Suspension will have that time credited to the minimum period of
revocation of driving privileges. If a driver is convicted of DUI in another
state, the conviction will be added to his/her Illinois driving record and
result in revocation of driving privileges.
Knowingly permitting a driver to operate a vehicle under the influence in
Illinois is a Class A misdemeanor and punishable with a possible
imprisonment of up to 1 year and fines of up to $2,500.
Statutory Summary Suspension
A Statutory Summary Suspension provides for the automatic
suspension of driving privileges of a driver arrested for DUI who fails,
refuses to submit to, or fails to complete chemical testing. Failure of
chemical testing means a person’s BAC was .08 or more or the test
showed a trace of other drugs. Statutory Summary Suspensions are
automatic, effective on the 46th day from the date of the suspension
notice. This suspension does not replace criminal penalties for a DUI
conviction. An offender may request a judicial hearing to challenge the
arrest; however, the request does not stop the suspension from taking
effect. If an Illinois driver refuses to submit to chemical testing in another
state, his/her driving privileges will be suspended. A Statutory Summary
Suspension does not apply to a person with a BAC of less than .08. If
a person has a BAC of more than .05, and additional evidence such as
an open container warrants a DUI arrest, the outcome of the court case
will determine if penalties apply. If a commercial driver’s license holder
receives a Statutory Summary Suspension, his/her CDL privileges will
be suspended for one year for a first offense; a lifetime suspension
applies for a second offense.
A driver may request a judicial hearing to challenge a Statutory Summary
Suspension within 90 days after the notice date. The hearing must be
conducted within 30 days of the request or on the first court date
scheduled to consider the criminal charges. Legally, only four issues
may be considered:
a) Whether the person was properly arrested
b) Whether there were reasonable grounds to believe at the time of
arrest that the person was driving or in physical control of the vehicle
while under the influence of alcohol or other drugs
c) Whether the driver, after being informed of the impending summary
suspension, refused to submit to chemical testing; and
d) Whether, after being advised of the suspension, the driver submitted
to chemical testing that showed a BAC of .08 or more or any trace of
cannabis, controlled substance and/or intoxicating compounds.
The suspension is rescinded if the court rules in favor of the driver. The
result of the hearing is entered on the driver’s record.
Failing Chemical Testing
First offense - Suspension of driving privileges for 3 months (eligible for
JDP on 31st day of suspension).
Second or subsequent offense within 5 years - Suspension of driving
privileges for 1 year (not eligible for driving relief).
Refusing to Submit to Chemical Testing
First offense - Suspension of driving privileges for 6 months (eligible for
JDP on 31st day of suspension).
Second or subsequent offense - Suspension of driving privileges for 3
years (not eligible for driving relief).
Limited Driving Privilages
First-time DUI offenders may request a JDP from the court to allow
limited driving during a Statutory Summary Suspension. Temporary
driving permits are issued only for employment, education and/or
medical purposes when no other form of transportation is available. An
offender may be required to have a Breath Alcohol Ignition Interlock
Device (BAIID) installed on his/her vehicle as a condition of driving relief.
Drivers under age 18 are not eligible for a JDP.
Before the court can approve a JDP, the offender must prove a hardship
exists and provide proof of a current professional alcohol/drug
evaluation. The JDP does not become effective until the 31st day of the
suspension. A commercial driver’s license holder is not eligible for a
JDP to operate a commercial motor vehicle. The driver may be eligible
for a JDP for base driving privileges if the driver is a first offender.
Effective Jan. 1, 2009, a Monitoring Device Driving Permit will replace
the Judicial Driving Permit. Also, the suspension period for a first offense
for failing chemical testing will increase to 6 months; the suspension
period for a first offense for refusing to submit to chemical testing will
increase to 12 months. A first-time DUI offender who wishes to obtain
and is eligible for driving relief during the suspension period must have
a Breath Alcohol Ignition Interlock Device (BAIID) installed on his/her
Restricted Driving Permit (RDP)
If eligible, a person convicted of DUI may apply to the Secretary of State’s
office for an RDP. A multiple offender whose BAC test results are .08 or
more or whose chemical test indicates any amount of a controlled
substance, is not eligible for an RDP during the Statutory Summary
Suspension period. A multiple offender who refuses to submit to or fails
to complete chemical testing is not eligible for an RDP during the
suspension period. A driver under age 16 whose driving privileges are
revoked is not eligible for an RDP. To obtain an RDP, the offender must
prove a hardship exists, provide a current professional alcohol/drug
evaluation and, when appropriate, provide proof of remedial education
or treatment. An offender must appear before a hearing officer in the
Secretary of State’s Department of Administrative Hearings. The driving
record is reviewed to ensure that the driver would not threaten public
safety if allowed to drive on a limited basis. An offender with two or more
alcohol-related driving incidents on his/her driving record within 10 years
is required to have a BAIID installed on his/her vehicle for the duration of
the RDP. As required by statute, the offender is responsible for the fee
required for the BAIID during this period. An offender requesting a
formal hearing for an RDP or reinstatement of his/her driving privileges
will be charged a $50 nonrefundable filing fee when requesting the
Court Penalties For A DUI In Illinois
Driving Under A Suspended License
Drivers License Reinstatement