Law Offices of

 

221 N. LaSalle Street, Suite 2017
Chicago, IL 60601

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118 S. Main Street, Suite 1
Wauconda, IL 60042

 

312-236-7078

 

 

 

[email protected]

 

Chicago DUI Attorney - Drunk Driving Illinois Lawyer

In Illinois, a person with a BAC of .08 is considered legally drunk. A driver's BAC is determined by the ratio of alcohol to breath or blood and may be measured by a breathalyzer or blood test. Any person found operating a motor vehicle in Illinois with a BAC of .08 percent or more can be charged with Drunk Driving. A DUI arrest triggers an automatic suspension of one's drivers license. If you are arrested for a DUI call an experienced attorney today.

Illinois DUI Lawyer Felony - Misdemeanor Firm

First DUI conviction

  • Minimum of one-year loss of full driving privileges.
  • Possible imprisonment for up to one year.
  • Maximum fine of $1,000.

Second DUI Conviction

  • Minimum three-year loss of full driving privileges for a second conviction in a 20-year period.
  • Mandatory 48 hours in jail or 10 days community service for a second conviction in a five-year period.
  • Possible imprisonment for up to one year.
  • Maximum fine of $1,000.

Third DUI Conviction - Class 4 felony

  • Minimum six-year loss of full driving privileges.
  • Possible imprisonment for up to three years.
  • Maximum fine of $10,000.

Other Alcohol Offenses

Felony DUI

Class 4 felony (following a crash resulting in great bodily harm or permanent disfigurement.)

  • Loss of full driving privileges for a minimum of one year.
  • Possible imprisonment for one to three years.
  • Maximum fine of $10,000.

Providing Alcohol to a Person Under Age 21

  • Possible imprisonment for up to one year.
  • Maximum fine of $2,500.

Illegal Transportation of an Alcoholic Beverage

  • Maximum fine of $500.
  • Point-assigned violation will be entered on drivers record.
  • Drivers license suspension for a second conviction in a 12-month period.

Knowingly Permitting a Driver Under the Influence to Operate a Vehicle

  • Possible imprisonment for up to one year.
  • Maximum fine of $1,000.

Summary Suspension

First Offense

  • A chemical test indicating a BAC of .08 or greater results in a mandatory six-month drivers license suspension.
  • Refusal to submit to a chemical test(s) results in a twelve-month license suspension.

Subsequent Offenses

  • Refusal to submit to a chemical test(s), or test results indicating a BAC of .08 or greater, results in a mandatory 12 months drivers license suspension.

Drivers under age 21 represent 10% of licensed drivers but are involved in 17% of alcohol-related fatal crashes. If you are arrested for DUI you will be handcuffed and taken to jail. What will your parents say when you call home and tell them you are in jail and need to call a Drunk Driving Law Firm to bail you out? Illinois Drunk Driving laws for drivers under 21 years of age are tough and will effect your life for years-- if you live that long.

Crashes are a leading cause of death for teens. Nationally, six individuals between the ages of 15 - 20 die in motor vehicle crashes each day. About 2 in every 5 Americans will be involved in an alcohol-related crash at some time in their lives.

The average college student spends more money for alcohol than for books.

Legal Consequences of Underage Drinking and Drunk Driving

First Underage 21 DUI Conviction

  • Loss of full driving privileges for a minimum of 2 years.
  • Possible imprisonment for up to 1 year.
  • Maximum $2,500 fine.

Second Underage 21 DUI Conviction

  • Loss of full driving privileges for a minimum of 5 years or until age 21, whichever is longer.
  • Mandatory 5 days in jail or 30 days community service if prior offense within 5 years.
  • Possible imprisonment for up to l year.
  • Maximum $2,500 fine.

Third Underage 21 DUI Conviction - Class 4 Felony

  • Loss of full driving privileges for a minimum of 10 years.
  • Mandatory 10 days imprisonment or 60 days community service.
  • Possible imprisonment for 1-3 years.
  • Maximum $25,000 fine if prior offense within 5 years.

Aggravated DUI

Class 4 Felony (Following a crash resulting in great bodily harm or permanent disfigurements)

  • Loss of full driving privileges for a minimum of 1 year.
  • Possible imprisonment for 1-12 years.
  • Maximum fine of $25,000.

Underage Illegal Transportation of an Alcoholic Beverage

  • Maximum fine of $1,000.
  • Drivers license suspended for first conviction.
  • Drivers license revoked for a second conviction.

Summary Suspension

  • A chemical test indicating a blood alcohol concentration (BAC) of .08 or greater results in a 6-month drivers license suspension.
  • Refusal to submit to a chemical test(s) results in a 12-month license suspension.
  • For subsequent offenses, a chemical test indicating a BAC of .08 or greater results in a 12-month drivers license suspension. Refusal to submit to a chemical test(s) results in a 36-month drivers license suspension.

Possession of Alcoholic Beverages

It is illegal for any person under the age of 21 to have alcoholic beverages in their possession, whether open or unopened. Penalties include:

  • A maximum of $2,500 fine and up to one year in jail.

Using a Fake Illinois Drivers License or ID Card

The penalties for using false IDs are serious and could change your life forever.

  • Obtaining a drivers license through false affidavit is punishable by 1-3 years in prison and a maximum $25,000 fine.
  • Allowing another person to use your identification documents to apply for a drivers license or ID card is punishable by 1-3 years in prison and a maximum $25,000 fine.

Zero Tolerance Law for Underage Drinking and Driving

Zero tolerance is a state law that went into effect on January 1, 1995. The law provides for suspension of the driving privileges of any person under the age of 21 who drives after consuming alcohol. Like the name zero tolerance suggests, any trace of alcohol in a young person's system can result in a suspended drivers license. There are exceptions -- minors who consume alcohol as part of a religious service or those who ingest a prescribed or recommended dosage of medicine containing alcohol.

Penalties for Drinking and Drunk Driving

The Zero Tolerance Law provides that minors can have their driving privileges suspended even if they're not intoxicated at the .08 level. The following table shows the length of time your driving privileges may be suspended under the Zero Tolerance Law (for BAC of .01 or greater) and DUI Laws (for BAC of .08 or greater). The loss of driving privileges is greater if you refuse to take a sobriety test.

  Under Zero Tolerance Law Under DUI Laws
    If Test Refused   If Test Refused
1st Violation 3 Months 6 Months 2 Years 2 Years
2nd Violation 1 Year 2 Years Until age 21 or
5 Years Minimum
Until age 21 or
5 Years Minimum

Effect on Your Driving Record

  • Zero Tolerance (BAC of .01 or greater) -- Except during suspension period, not on public driving record as long as there is no subsequent suspension
  • DUI Conviction (BAC of .08 or greater) -- Permanently on public driving record

Under certain conditions, you may be charged with DUI even though your BAC is below .08. if so, call an attorney.

Blood Alcohol Content Table

This table was created by a lawyer and shows the effects of alcohol on a normal person of a given body weight. Please do not take this table as a license to drink irresponsibly. Everyone is different, and alcohol effects each person in a slightly different way. Only you know your limits. Please drink within them.

One drink equals:
  • 1 oz. 86 proof Liquor, or
  • 3 oz. wine, or
  • 12 oz. Beer
Levels of Intoxication:
  • BAC less than .05% - Caution
  • BAC .05 to .079% - Driving Impaired
  • BAC .08% & up - Presumed Under the Influence
Body
Weight
Number of Drinks
1 2 3 4 5 6 7 8 9
100 0.032 0.065 0.097 .0129 .0162 0.194 0.226 0.258 0.291
120 0.027 0.054 0.081 0.108 0.135 0.161 0.188 0.215 0.242
140 0.023 0.046 0.069 0.092 0.115 0.138 0.161 0.184 0.207
160 0.020 0.040 0.060 0.080 0.101 0.121 0.141 0.161 0.181
180 0.018 0.036 0.054 0.072 0.090 0.108 0.126 0.144 0.162
200 0.016 0.032 0.048 0.064 0.080 0.097 0.113 0.129 0.145
220 0.015 0.029 0.044 0.058 0.073 0.088 0.102 0.117 0.131
240 0.014 0.027 0.040 0.053 0.067 0.081 0.095 0.108 0.121
This table was created by a lawyer and shows the effects of alcohol within one hour on a normal person of a given body weight. Please do not take this table as a license to drink irresponsibly. Everyone is different, and alcohol effects each person in a slightly different way. Only you know your limits. Please drink within them.

Source: Illinois State Police Website

Illinois DUI Law

625 ILCS 5/11-501 - DUI STATUTE

11-501. Driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof.

(a) A person shall not drive or be in actual physical control of any vehicle within this State while:

(1) the alcohol concentration in the person's blood or breath is 0.08 or more based on the definition of blood and breath units in Section 11-501.2;

(2) under the influence of alcohol;

(3) under the influence of any intoxicating compound or combination of intoxicating compounds to a degree that renders the person incapable of driving safely;

(4) under the influence of any other drug or combination of drugs to a degree that renders the person incapable of safely driving;

(5) under the combined influence of alcohol, other drug or drugs, or intoxicating compound or compounds to a degree that renders the person incapable of safely driving; or

(6) there is any amount of a drug, substance, or compound in the person's breath, blood, or urine resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act.

(b) The fact that any person charged with violating this Section is or has been legally entitled to use alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof, shall not constitute a defense against any charge of violating this Section.

(c) Penalties.

(1) Except as otherwise provided in this Section, any person convicted of violating subsection (a) of this Section is guilty of a Class A misdemeanor.

(2) A person who violates subsection (a) or a similar provision a second time shall be sentenced to a mandatory minimum term of either 5 days of imprisonment or 240 hours of community service in addition to any other criminal or administrative sanction.

(3) A person who violates subsection (a) is subject to 6 months of imprisonment, an additional mandatory minimum fine of $1,000, and 25 days of community service in a program benefiting children if the person was transporting a person under the age of 16 at the time of the violation.

(4) A person who violates subsection (a) a first time, if the alcohol concentration in his or her blood, breath, or urine was 0.16 or more based on the definition of blood, breath, or urine units in Section 11-501.2, shall be subject, in addition to any other penalty that may be imposed, to a mandatory minimum of 100 hours of community service and a mandatory minimum fine of $500.

(5) A person who violates subsection (a) a second time, if at the time of the second violation the alcohol concentration in his or her blood, breath, or urine was 0.16 or more based on the definition of blood, breath, or urine units in Section 11-501.2, shall be subject, in addition to any other penalty that may be imposed, to a mandatory minimum of 2 days of imprisonment and a mandatory minimum fine of $1,250.

(d) Aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof.

(1) Every person convicted of committing a violation of this Section shall be guilty of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof if:

(A) the person committed a violation of subsection (a) or a similar provision for the third or subsequent time;

(B) the person committed a violation of subsection (a) while driving a school bus with persons 18 years of age or younger on board;

(C) the person in committing a violation of subsection (a) was involved in a motor vehicle accident that resulted in great bodily harm or permanent disability or disfigurement to another, when the violation was a proximate cause of the injuries;

(D) the person committed a violation of subsection (a) and has been previously convicted of violating Section 9-3 of the Criminal Code of 1961 or a similar provision of a law of another state relating to reckless homicide in which the person was determined to have been under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds as an element of the offense or the person has previously been convicted under subparagraph (C) or subparagraph (F) of this paragraph (1);

(E) the person, in committing a violation of subsection (a) while driving at any speed in a school speed zone at a time when a speed limit of 20 miles per hour was in effect under subsection (a) of Section 11-605 of this Code, was involved in a motor vehicle accident that resulted in bodily harm, other than great bodily harm or permanent disability or disfigurement, to another person, when the violation of subsection (a) was a proximate cause of the bodily harm;

(F) the person, in committing a violation of subsection (a), was involved in a motor vehicle, snowmobile, all-terrain vehicle, or watercraft accident that resulted in the death of another person, when the violation of subsection (a) was a proximate cause of the death;

(G) the person committed a violation of subsection (a) during a period in which the defendant's driving privileges are revoked or suspended, where the revocation or suspension was for a violation of subsection (a) or a similar provision, Section 11-501.1, paragraph (b) of Section 11-401, or for reckless homicide as defined in Section 9-3 of the Criminal Code of 1961;

(H) the person committed the violation while he or she did not possess a driver's license or permit or a restricted driving permit or a judicial driving permit or a monitoring device driving permit;

(I) the person committed the violation while he or she knew or should have known that the vehicle he or she was driving was not covered by a liability insurance policy;

(J) the person in committing a violation of subsection (a) was involved in a motor vehicle accident that resulted in bodily harm, but not great bodily harm, to the child under the age of 16 being transported by the person, if the violation was the proximate cause of the injury; or

(K) the person in committing a second violation of subsection (a) or a similar provision was transporting a person under the age of 16.

(2)(A) Except as provided otherwise, a person convicted of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof is guilty of a Class 4 felony.

(B) A third violation of this Section or a similar provision is a Class 2 felony. If at the time of the third violation the alcohol concentration in his or her blood, breath, or urine was 0.16 or more based on the definition of blood, breath, or urine units in Section 11-501.2, a mandatory minimum of 90 days of imprisonment and a mandatory minimum fine of $2,500 shall be imposed in addition to any other criminal or administrative sanction. If at the time of the third violation, the defendant was transporting a person under the age of 16, a mandatory fine of $25,000 and 25 days of community service in a program benefiting children shall be imposed in addition to any other criminal or administrative sanction.

(C) A fourth violation of this Section or a similar provision is a Class 2 felony, for which a sentence of probation or conditional discharge may not be imposed. If at the time of the violation, the alcohol concentration in the defendant's blood, breath, or urine was 0.16 or more based on the definition of blood, breath, or urine units in Section 11-501.2, a mandatory minimum fine of $5,000 shall be imposed in addition to any other criminal or administrative sanction. If at the time of the fourth violation, the defendant was transporting a person under the age of 16 a mandatory fine of $25,000 and 25 days of community service in a program benefiting children shall be imposed in addition to any other criminal or administrative sanction.

(D) A fifth violation of this Section or a similar provision is a Class 1 felony, for which a sentence of probation or conditional discharge may not be imposed. If at the time of the violation, the alcohol concentration in the defendant's blood, breath, or urine was 0.16 or more based on the definition of blood, breath, or urine units in Section 11-501.2, a mandatory minimum fine of $5,000 shall be imposed in addition to any other criminal or administrative sanction. If at the time of the fifth violation, the defendant was transporting a person under the age of 16, a mandatory fine of $25,000, and 25 days of community service in a program benefiting children shall be imposed in addition to any other criminal or administrative sanction.

(E) A sixth or subsequent violation of this Section or similar provision is a Class X felony. If at the time of the violation, the alcohol concentration in the defendant's blood, breath, or urine was 0.16 or more based on the definition of blood, breath, or urine units in Section 11-501.2, a mandatory minimum fine of $5,000 shall be imposed in addition to any other criminal or administrative sanction. If at the time of the violation, the defendant was transporting a person under the age of 16, a mandatory fine of $25,000 and 25 days of community service in a program benefiting children shall be imposed in addition to any other criminal or administrative sanction.

(F) For a violation of subparagraph (C) of paragraph (1) of this subsection (d), the defendant, if sentenced to a term of imprisonment, shall be sentenced to not less than one year nor more than 12 years.

(G) A violation of subparagraph (F) of paragraph (1) of this subsection (d) is a Class 2 felony, for which the defendant, unless the court determines that extraordinary circumstances exist and require probation, shall be sentenced to: (i) a term of imprisonment of not less than 3 years and not more than 14 years if the violation resulted in the death of one person; or (ii) a term of imprisonment of not less than 6 years and not more than 28 years if the violation resulted in the deaths of 2 or more persons.

(H) For a violation of subparagraph (J) of paragraph (1) of this subsection (d), a mandatory fine of $2,500, and 25 days of community service in a program benefiting children shall be imposed in addition to any other criminal or administrative sanction.

(I) A violation of subparagraph (K) of paragraph (1) of this subsection (d), is a Class 2 felony and a mandatory fine of $2,500, and 25 days of community service in a program benefiting children shall be imposed in addition to any other criminal or administrative sanction. If the child being transported suffered bodily harm, but not great bodily harm, in a motor vehicle accident, and the violation was the proximate cause of that injury, a mandatory fine of $5,000 and 25 days of community service in a program benefiting children shall be imposed in addition to any other criminal or administrative sanction.

(J) A violation of subparagraph (D) of paragraph (1) of this subsection (d) is a Class 3 felony, for which a sentence of probation or conditional discharge may not be imposed.

(3) Any person sentenced under this subsection (d) who receives a term of probation or conditional discharge must serve a minimum term of either 480 hours of community service or 10 days of imprisonment as a condition of the probation or conditional discharge in addition to any other criminal or administrative sanction.

(e) Any reference to a prior violation of subsection (a) or a similar provision includes any violation of a provision of a local ordinance or a provision of a law of another state or an offense committed on a military installation that is similar to a violation of subsection (a) of this Section.

(f) The imposition of a mandatory term of imprisonment or assignment of community service for a violation of this Section shall not be suspended or reduced by the court.

(g) Any penalty imposed for driving with a license that has been revoked for a previous violation of subsection (a) of this Section shall be in addition to the penalty imposed for any subsequent violation of subsection (a).

(h) For any prosecution under this Section, a certified copy of the driving abstract of the defendant shall be admitted as proof of any prior conviction.

Our firm handles dui issues on regular basis. Each case is different and may have special circumstances. If you would like to receive more information regarding your case, give us a call to set up a free consultation and an evaluation of your case.

Law Offices of Mitch Furman
221 N. La Salle Street
Suite 2017
Chicago, IL 60601
312-236-7078 Phone

The law offices of Mitch Furman, serve clients in Chicago and the surrounding parts of Illinois, including Rolling Meadows, Skokie, Maywood, Maybrook, Bridgeview, Markham, Schaumburg, Hoffman Estates, Cicero, Berwyn, Elk Grove Village, Oak Lawn, Evanston, Wilmette, Palatine, Barrington, Bartlett, Lake Forest, Kenilworth, Arlington Heights, Mt. Prospect, Wheeling, Homewood and all cities within Cook County, Lake County DuPage, McHenry and Will County, as well as arrests by the Illinois State Police on the Interstate Highways.