dui in illinois: what is impaired driving?
TRANSCRIPT
DUI IN ILLINOIS What Is Impaired Driving?
PIOLETTI & PIOLETTI Bloomington, Illinois Criminal Defense Attorneys
“Impaired driving occurs when an individual operates a vehicle while under the influence of drugs or alcohol that impair the individual’s ability to operate the vehicle in a safe manner.”
According to the Centers for Disease Control and Prevention, 30 people lose
their lives each day in the United States from injuries sustained in vehicle
accidents with an alcohol-impaired driver. The cost of alcohol-related accidents
totals close to $60 billion each year. Driving while impaired by alcohol or other
substances is a huge problem throughout the United States as well as in Illinois.
In 2012 alone, 335 people were killed in Illinois in DUI related crashes. The
Illinois Secretary of State’s office recorded 37,126 DUI arrests during that same
year.
Impaired driving occurs when an individual operates a vehicle while under the
influence of drugs or alcohol that impair the individual’s ability to operate the
vehicle in a safe manner. State statutes vary; however, each state has a DUI
(driving while under the influence) or DWI (driving while impaired or intoxicated)
law that sets forth the legal limits for blood alcohol content (BAC). A person’s
BAC is measured by the ratio of alcohol to blood or breath. If your BAC is over
the legal limit, you may be found guilty of impaired driving.
Driving Under the Influence in Illinois
Driving Under the Influence (DUI) is defined by
Illinois law as operating a motor vehicle while
impaired by alcohol, intoxicating compounds,
methamphetamine or other drugs prescribed
for medical purposes, including but not limited
to cannabis (marijuana). In Illinois, it is illegal
to operate a vehicle if your blood alcohol
content is:
0.00 for drivers under the age of 21
0.00 for school bus drivers
0.04 for commercial driver’s license
holders
0.08 for drivers 21 and over
It should be noted that if your BAC is .08 or below, you might still be found guilty
of DUI if the state can provide additional evidence that demonstrates you were
driving while impaired. This highlights the reason why you need an experienced
DUI attorney from the very beginning of your case. What you assume may be a
simple traffic ticket could very easily cost you your freedom.
Alcohol affects our judgment and our coordination. When our judgment and
coordination are impaired, the risk of being in a vehicle accident increases. For a
person with a BAC of 0.08, the risk of being in an automobile accident is 11 times
that of a non-drinking driver. While some people believe that coffee, a shower,
fresh air or food will cause a person to become sober quicker, the fact is that only
time will undue the effects of alcohol or drugs in a person’s system.
Penalties for Impaired Driving or DUI in Illinois
DUI is a crime that is punishable by imprisonment and other penalties. If
convicted of a DUI in Illinois, you can face several economic and legal penalties
that affect your ability to work and enjoy your life. The minimum penalties for DUI
convictions in Illinois are shown below.
First DUI Conviction
This is a Class A misdemeanor that results in the revocation of driving privileges
for a minimum of 1 year (2 years if the driver is under the age of 21) and
suspension of vehicle registration. Depending on the circumstances of the
arrest, a person convicted of DUI first offense may also face up to one year in
prison and a maximum fine of $2,500.
Second DUI Conviction
This is a Class A misdemeanor that carries a mandatory minimum prison
sentence of 5 days or 240 hours of community service, revocation of driving
privileges for a minimum of 5 years and suspension of vehicle registration.
Depending on the circumstances of the case, a person may also face up to one
year in prison and a maximum fine of $2,500.
Third DUI Conviction
A conviction for a third DUI is a Class 2 felony that carries much more severe
penalties. A person convicted of a third DUI faces revocation of driving privileges
for a minimum of 10 years, suspension of vehicle registration, a minimum 180-
day jail sentence, the potential for imprisonment up to seven years and a
maximum fine of $25,000.
Aggravated DUI
Aggravated DUI following a crash resulting in great bodily harm or permanent
disfigurement is a Class 4 felony. If convicted, a person faces revocation of
driving privileges for a minimum of one year, mandatory ten days imprisonment
or 480 hours of community service, possible imprisonment up to 12 years and a
maximum fine of $25,000.
The circumstances of your DUI can also cause the charge to be elevated to
Aggravated DUI. With an Aggravated DUI, any mandatory term of imprisonment
or community service is not subject to reduction or suspension. Furthermore, if
sentenced to probation or conditional discharge, the person must serve a
mandatory sentence of 10 days imprisonment or 480 hours of community
service.
Examples of situations that would elevate a DUI to Aggravated DUI include but
are not limited to:
DUI committed without a driver’s license or permit
DUI committed without vehicle liability insurance
DUI committed in a school zone during times of restricted speed limits that
resulted in an accident involving bodily harm
Third or subsequent DUI convictions
DUI committed while driving a school bus with at least one passenger 18
years of age or younger
DUI resulting in disfigurement, permanent disability or great bodily harm
DUI resulting in death
Any DUI charge is very
serious. It is important that
you contact our office as
soon as possible following a
DUI charge in Illinois. Our
experienced DUI attorneys
work diligently to ensure
that your rights are
protected both inside and
outside of the courtroom. Field sobriety tests and other evidence can be
misleading or the officer may not have had probable cause to make an arrest.
We will investigate the circumstances of your DUI arrest to ensure that your
rights are not violated and you receive a fair and impartial trial.
Contact Our Office for a Consultation with an Experienced Illinois DUI
Attorney
The attorneys of Pioletti & Pioletti represent individuals who need experienced
DUI defense attorneys. We serve clients throughout McLean, Woodford,
Tazewell and Peoria counties by providing compassionate, competent legal
services. We offer free consultations. You can contact our office by calling 309-
938-4838.
When you need the assistance of an experienced criminal defense attorney in
Central Illinois, call the compassionate and skilled attorneys of Pioletti & Pioletti.
We are dedicated to giving our clients exceptional service and support
throughout the DUI process.
About Pioletti&Pioletti
Serving Our Clients with Sound Guidance and Unparalleled Dedication
Pioletti&Pioletti is a full service law firm that represents individuals and businesses in a variety of areas
of law including criminal defense, family law, bankruptcy, and estate planning.
Pioletti&Pioletti has a long history in central Illinois. Our firm was founded in 1938 with a focus on estate
planning, real estate, and business services. Today we are a versatile firm providing a group of
services including criminal defense, family law, bankruptcy, and civil litigation representation.
Our focus is on providing outstanding legal representation with unmatched personal service. We are
available through email, 24 hours a day, 7 days a week.
Pioletti&Pioletti 107 E. Eureka, Suite 1, Eureka IL 61530 Phone: +1 309-467-3213 Website: www.piolettilaw.com 121 N. Main St.,Bloomington IL 61701 Phone: +1 309-821-0246 Website: www.piolettilaw.com