DUI

D.U.I. (Driving Under the Influence)

“Driving Under the Influence” is defined as operating a motor vehicle while impaired by alcohol, other drugs or intoxicating compounds and methamphetamine.

In Illinois, a driver is legally considered to be under the influence if he/she has a blood-alcohol concentration (BAC) of .08 or more, has used any illegal substance, or is impaired by medication. A driver’s BAC is based on the ratio of alcohol to blood or breath. However, an individual with a BAC between .05 and .08 may be convicted of DUI if additional evidence determines that the driver was impaired.

A D.U.I. arrest and conviction can have serious consequences such as suspension or a revocation of the offender's driver's license, fines, expensive alcohol awareness classes and possible jail time. Penalties vary depending on how old the defendant is, what his or her breath alcohol level was at the time of arrest and how many arrests for D.U.I. he or she has had in the past. For detailed information on the various penalties, please visit the Illinois Secretary of State D.U.I. factbook by clicking here (pages 10-13).

In January of 2009, Illinois laws regarding D.U.I.s changed significantly. Below is a brief overview of the current laws in place. If you need further information, please click here to visit the Illinois Secretary of State D.U.I. Factbook, or please call our office with your questions.

STATUTORY SUMMARY SUSPENSION

When a driver fails, refuses to submit or is not able to complete the chemical testing, the driver's license is automatically suspended by the Illinois Secretary of State. Failing the chemical test means that the driver's Blood Alcohol Level was .08 or above or there were traces of other drugs found in the driver's system. The suspension is effective on the 46th day after the date of the suspension notice. If a driver fails the chemical test and they are a first offender, the statutory summary suspension period is for 6 months and he or she is eligible for an MDDP (explained below) on the 31st day of the suspension. If they are a second time or subsequent offender, then the suspension period is for one year and he or she is NOT eligible for an MDDP. If the driver refuses to submit to chemical testing, then the summary suspension period is for one year for a first time offender and eligible for MDDP on the 31st day of suspension, and for a second or subsequent offender, the suspension period is for 3 years and not eligible for an MDDP.

A driver may request a judicial hearing to challenge the 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 set to determine the legal charges.

MDDP (MONITORING DEVICE DRIVING PERMIT) AND BAIID (BREATH ALCOHOL IGNITION INTERLOCK DEVICE)

A first time offender who wishes to drive a car during the statutory summary suspension period must have a BAIID (Blood Alcohol Ignition Interlock Device) installed in his or her vehicle. To be eligible to drive, an MDDP (Monitoring Device Driving Permit) must be ordered by the Court and a BAIID will be installed in the vehicle through the Secretary of State's Office. The Secretary of State will monitor the BAIID machine throughout out the suspension period and will be alerted if the driver attempts to drive under the influence or tries to tamper with the BAIID machine.

A driver has the option of choosing not to petition for an MDDP and to not have the BAIID installed in his or her vehicle and choose not to drive at all for any purpose during the summary suspension. However, if he or she does drive a vehicle during the suspension period, the penalty is a Class 4 Felony. A driver who chooses to participate in the MDDP programs and is caught driving without the BAIID is guilty of a class 4 Felony.

The offender is responsible for all costs associated with the MDDP and the BAIID.

It is important to hire an experienced attorney soon after a D.U.I. arrest to protect and defend you. M.B.S. Law Offices will be there every step of the way from start to finish. If you have been recently arrested for a D.U.I., please do not hesitate to contact us for a free consultation and discuss the case with us. It is important to know what your rights are and what can be done regarding your arrest. Let us use our experience to guide you every step of the way. Consultations are always free.

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