Being charged with and convicted of a DUI is serious – you could even end up going to prison over it.
DUI Charges in Illinois
If you’re convicted of driving under the influence in Illinois, you’re facing some serious penalties. You’ll lose your driving privileges and, depending on how many times you’ve been previously convicted and whether anyone was hurt as a result of your drinking and driving, a judge could sentence you to prison.
What Are the DUI Laws in Illinois?
DUI charges in Illinois stem from our state’s laws, which say that a person can’t drive or be in physical control of a vehicle while:
- Having a blood alcohol concentration of 0.08 or more
- Under the influence of alcohol
- Under the influence of any intoxicating compound (or combination of intoxicating compounds) that makes the person incapable of driving safely
- Under the influence of any drug or combination of drugs that makes the person incapable of driving safely
- Under the combined influence of alcohol, drugs or intoxicating compounds that make the person incapable of driving safely
- There is any amount of a drug, substance or compound in the person’s system resulting from the unlawful use or consumption of a controlled substance, an intoxicating compound, or methamphetamine
- The person has a THC compound in his or her blood within 2 hours of driving or being in physical control of a vehicle (even if the THC compound was legally used, such as for medicinal purposes)
What is Implied Consent?
Implied consent means that if you choose to drive on Illinois roadways, you give your consent to provide a blood, breath or urine sample when the police have probable cause to believe you are driving impaired.
In plain English, that means if you drive, you automatically agree to consent to testing that proves whether you’re possibly guilty of DUI.
What Are the Penalties for DUI Charges in Illinois?
If the police charge you with DUI and the judge in your case convicts you, here’s what you’re looking at – and these penalties are all in addition to the loss of your driving privileges:
- First offense: Up to a year in jail and up to $2,500 in fines
- Second offense: Up to a year in jail and up to $2,500 in fines
- Third offense: Between 3 and 7 years in prison and up to $25,000 in fines
The court can convict you of aggravated DUI if:
- You were driving without a license or without insurance
- You driving under the influence harmed a child under 16
- You injured someone while driving through a school zone
- You’re driving a school bus with one or more passengers under the age of 18
If you’ve already been convicted of three or more DUIs, the courts will consider your fourth (or subsequent) offenses to be aggravated DUIs, too.
Related: What is aggravated DUI in Illinois?
If you’re convicted of aggravated DUI, you could go to prison for at least three years and pay fines of up to $25,000 – and those are the mandatory minimums.
Do You Need to Talk to a Lawyer About DUI Charges in Illinois?
If you need to talk to a lawyer because you’ve been charged with DUI in Illinois, we can help.
Call us at 847-920-4540 or use the form below to get in touch with us. We’ll be happy to answer all your questions and begin building a strategy that gets you the best possible outcome.