Driving while intoxicated by drugs or alcohol puts both the driver and other individuals in danger. Consequently, Illinois punishes driving under the influence (DUI) with both criminal consequences and driver’s license suspension or revocation. If you were arrested for drunk driving in Illinois, it is important to know what to expect. Automatic license suspension follows a DUI arrest and if someone is convicted of DUI, they face driver’s license revocation.

It may be possible to reinstate your driver’s license and regain driving privileges after a DUI. However, you will need to complete several steps to do so. The exact requirements a DUI offender must take are largely determined by the driver’s risk classification.

Alcohol Dependency and DUI Cases in Illinois

Individuals who are arrested for DUI are required to participate in an alcohol and drug evaluation. Many people facing drunk driving charges suffer from alcoholism or addiction. The evaluation is used to determine the extent of any addiction or substance abuse problems and the chances that a DUI offender will reoffend.

Drunk driving laws sometimes change and also vary significantly from state to state. This can create confusion and lead to misunderstandings. It is important for everyone to understand DUI laws–especially if they are facing criminal charges for drunk driving. If you or a loved one were charged with drunk driving in the Arlington Heights area, contact a DUI defense lawyer for legal guidance.  

Misconception: You Cannot Beat a DUI if You Blew Over 0.08 Percent

Most people know that the legal limit for blood alcohol content is 0.08 percent. If a police officer suspects a driver of driving under the influence, the officer will ask the driver to blow into a breath test device. These devices, sometimes referred to as breathalyzers, assess the driver’s intoxication level. A BAC over 0.08 percent is probable cause for arrest. Many people assume that blowing over a 0.08 percent automatically means that they will be convicted of DUI. However, it is possible to avoid conviction for DUI even if you failed a breath test or breathalyzer. Breath tests can be inaccurate if the device is not calibrated or used properly. Other issues including certain medical conditions, medications, and foods can also cause breath tests to be inaccurate.

Misconception: You Cannot Drive Until Your Suspension or Revocation Period is Over

If you were arrested for DUI in Illinois, you are subject to an immediate driver’s license suspension. Once your license is suspended, it is against the law for you to drive any vehicle for any reason. Driving on a suspended license is a criminal offense. Fortunately, drivers in Illinois have options. If your license was suspended because of a DUI arrest, a Monitoring Device Driving Permit (MDDP) may allow you to drive legally before the suspension period ends. To qualify for an MDDP, you must be a first-time DUI offender. If you have received DUIs in the past, you may still be able to get a Restricted Driving Permit which will restore partial driving privileges and get you back on the road legally.

Driving under the influence of alcohol is one of the most common offenses for which Illinois residents face charges. Any criminal charge related to drunk driving can lead to substantial penalties and should be taken seriously. However, first-time DUIs are penalized less harshly than second, third, or subsequent DUI convictions. The consequences a person faces for DUI also depend on whether anyone was hurt or killed in an accident while the driver was under the influence.

Drunk driving is considered a felony offense if there are aggravating circumstances. Felony DUI is penalized severely, and someone convicted of felony DUI could face several years in prison. If you or a loved one were charged with felony DUI, read on to learn about your legal rights and options.

Assert Your Rights as a Criminal Defendant

The U.S. Constitution affords you rights as a criminal defendant. However, it is up to you to take advantage of those rights. One of the best things you can do if you were accused of a crime is to avoid incriminating yourself by answering a police officer’s questions. You have the right to remain silent and avoid self-incrimination and it is important you do so. You also have the right to consult with an attorney and to have an attorney present during questioning.

Everyone knows that drunk driving is against the law. What many people do not realize, is that you may face administrative consequences for a drunk driving arrest even if you are not convicted of driving under the influence (DUI).

In Illinois, failing a chemical blood alcohol content (BAC) test such as a breathalyzer or refusing to take a BAC test is punishable by a driver’s license suspension. Once your license is suspended, it is illegal to drive any motor vehicle. Fortunately, you may be able to regain your driving privileges by obtaining a Monitoring Device Driving Permit.

An MDDP May Give You Your Driving Rights Back

If you are pulled over and police suspect you of driving while intoxicated, they may ask you to blow into a breath-testing device often referred to as a breathalyzer. If the test shows 0.08 percent BAC or higher, you are considered intoxicated. You may be arrested and charged with DUI. Failing a breath test is penalized by a six-month driver’s license suspension if the driver does not have any other DUI offenses in the previous five years. Refusing to submit to a breath test is punishable by a one-year driver’s license suspension. If you get an MDDP, you may be able to drive legally before the suspension period is over.

Driving under the influence or DUI is a serious crime. It is illegal to operate a car, motorcycle, or another motorized vehicle after consuming a certain amount of alcohol or using illicit drugs. DUI consequences increase if they are second, third, or subsequent offenses. However, different underlying factors can increase a DUI sentence regardless of a driver’s criminal history. 

Understanding Underlying Factors

With all crimes, underlying factors or exceptional circumstances can exacerbate the degree of the crime, leading to a longer, more severe sentence. For example, if you steal a shirt from a store, you may be facing misdemeanor shoplifting charges. However, if you stole that same shirt from the same store but were armed, you could face aggravated theft charges. The same is true for DUI charges. Some common aggravating factors that could increase a DUI sentence include:

• Driving without a valid driver’s license 

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