Being charged with a DUI is an extremely serious situation that can result in severe consequences. In the state of Illinois, DUI is considered to be a major offense and most judges and law enforcement officers do not sympathize with those accused of driving while under the influence of alcohol or drugs. DUI offenders are often punished to the fullest extent of the law, especially when the offender has a history of DUI. Even if you are a first-time DUI offender, you could face jail time, fines, and a driver’s license suspension for a conviction, but a knowledgeable Illinois DUI defense lawyer can help.

Common DUI Defense Strategies

There are numerous ways an attorney can defend you against a DUI charge. Through an initial consultation and subsequent investigation, your lawyer can determine the best course of action. Here are a few common defense strategies:

Over the years, states and national organizations have focused on preventing people from drinking and driving. Multiple ad campaigns have been launched telling people “friends do not let friends drive drunk,” and “buzzed driving is drunk driving.” Still, alcohol is not the only intoxicating substance that DUI laws cover. 

In the state of Illinois, citizens are not permitted to be under the influence of alcohol, drugs, or any combination of the two while they are in physical control of a motor vehicle. With the legalization of recreational marijuana in many states and the permittance of medical marijuana in a majority of states, driving under the influence of marijuana has become more prevalent.

According to the Illinois Secretary of State, there were 330 people killed in alcohol-related car crashes in Illinois last year. Those fatalities represented about 30 percent of the 1,090 people who were killed in all car crashes in the state in 2017. Because alcohol plays such a large role in traffic deaths, punishments are substantial.

Most who experience a DUI conviction have no idea just how much it costs, in addition to the loss of driving privileges. Here are eight hidden expenses that come with an Illinois DUI conviction:

It does not matter what situation you are in when you are charged with a DUI - they are all serious charges. However, if you are found to be driving while intoxicated when a child is present in the vehicle, your punishments will be much more strict. In Illinois, penalties for DUI increase if a child under the age of 16 years old is riding in the vehicle - but it does not stop there. In addition to DUI charges, you can also face other criminal violations, such as child endangerment. You could also be charged with more serious crimes if the child suffered an injury because of you. 

DUI With a Minor in the Vehicle

According to the Illinois Vehicle Code, a first conviction for DUI is a Class A misdemeanor, which comes with a loss of driving privileges for one year, a possible sentence of up to one year in jail, and a maximum fine of $2,500. If you had a child in your vehicle while you were driving under the influence, that sentence is a mandatory minimum of six months in jail, a mandatory minimum $1,000 fine, regardless of your ability to pay, and 25 days of community service in a program that benefits children.

If you were convicted of DUI, and there was a minor under the age of 16 in the vehicle who suffered bodily injury because of an accident you caused, the penalties increase. Even a first offense is considered a Class 4 felony aggravated DUI. This means that in addition to any other criminal or administrative punishments, a mandatory $2,500 fine is imposed, and 25 days of community service in a program that benefits children is required.

A DUI conviction can be devastating - your freedom and your reputation can be at stake. Being convicted for DUI can mean serious consequences including the possibility of jail time and steep fines. When you fail a chemical test to determine your BAC during a traffic stop, you will automatically be subject to a statutory summary suspension, which is the Secretary of State’s administrative action of suspending your license. During the suspension period, you can apply for a monitoring device driving permit (MDDP) if it is your first offense, or a restricted driving permit (RDP) if it is your second or third offense.

What Is a Breath Alcohol Ignition Interlock Device?

If you are convicted of a DUI and wish to still have driving privileges, you are required to have a breath alcohol ignition interlock device (BAIID) installed in your vehicle. A BAIID is a device that is installed in the ignition of an offender’s vehicle and measures the driver’s blood-alcohol content using their breath. The BAIID will not allow the vehicle to start if the driver’s BAC is determined to be over .025. The driver must blow into the device to start the vehicle and periodically blow into the device throughout their trip to prevent drinking after the vehicle has been started.