The DUI laws in Illinois define the grounds for a DUI charge as operating any type of vehicle while impaired due to use of intoxicating alcohol or any other drug or medication. As with most states across the country, Illinois recognizes a “legal BAC (Blood Alcohol Content)” of 0.08 or higher as grounds for a DUI arrest. This percentage, however, is not relevant when the law enforcement officer making the arrest uses his professional training to determine the subject is, in fact, under the influence of drugs or any intoxicating substance that has rendered him impaired. An individual can also be charged with a DUI if his BAC is between 0.05% and 0.08% but his actions show the officer that he is indeed impaired.
The BAIID Unit
Illinois became one of only six of the fifty United States to impose upon a first time convicted DUI offender the requirement of installation of a Breath Alcohol Ignition Interlock Device.
- A BAIID device works by requiring the convicted DUI offender to pass a breathalyzer test before the ignition of the vehicle will function.
- This has significantly decreased the number of subsequent DUI offenses among those who would typically become repeat offenders, and it helps to ensure that a much lower number of drivers attempt to operate a vehicle after drinking.
Possible Penalties Under Illinois DUI Law
Aside from the BAIID, the additional penalties for a DUI arrest depend on the circumstances of the conviction. If the offender has a BAC of well over the legal limit, this can be considered a gross violation and can be charged as a felony, especially in cases that result in the injury or death of another person. In most cases, however, the DUI offense is considered a misdemeanor and is generally punishable by:
- A fine in any amount between $300 and $1,200
- Imprisonment for a term of 10 days to 1 day less than 1 year
- Temporary or permanent loss of driver’s license privileges
- Required AODA counseling
- Successful completion of an adult driver education class or seminar
Getting Help
You always retain the right to represent yourself in any criminal court proceeding. However, with the different circumstances and stipulations surrounding DUI laws in Illinois, especially if you reside in another state, it is generally advisable for any individual to at least consult with a criminal defense attorney experienced in DUI cases.
