Illinois DUI

The Illinois legislature has increased the penalties for traffic tickets in 2011. A new law has gone into effect that requires the Secretary of State to revoke the driver’s license of any person who is convicted of a vehicle code offense that is the proximate cause of the death of another. Most people are aware that traffic tickets can cause a suspended license. But a revoked driver’s license is different from suspended driver’s license. During a suspension, the driver is prohibited from operating a motor vehicle for a definite time period. At the end of the time period, the termination

An arrest for driving under the influence in Illinois can be deceiving. Usually the driver is released from police custody on a signature bond. Few are required to post bond. Further, the charges are filed on traffic tickets. Some people develop expectations that the DUI may not be a serious matter. This mindset is sometimes expressed with this phrase, “It’s only a misdemeanor.” But the law in Illinois has special penalties if one of those traffic tickets is for no insurance. The Uniform Citation and Complaint has a box to check for the offense of no insurance. The section cites

A second arrest for driving under the influence carries additional penalties for a person’s driving privileges. First, the statutory summary suspension will take effect 46 days after the date of arrest. If the person has either a DUI or summary suspension in the last 5 years, then that person is not a ‘first offender’ for purposes of the summary suspension. Consequently, the summary suspension will be for one year for failing the chemical test and 3 years for refusing the test. A person who is not a first offender is not eligible for a Monitoring Device Driving Permit (MDDP

An arrest for driving under the influence has two consequences on a person’s driving privileges under Illinois law. First, his driver’s license will be suspended 46 days after the date of arrest based on either 1) a breath alcohol concentration of 0.08 or more, or 2) a refusal to take the breathalyzer test. The suspension is called a statutory summary suspension. It goes into effect automatically. Second, a finding of guilt for the criminal offense of DUI under 625 ILCS 5/11-501 will cause the Secretary of State to take action against his license. The law in Illinois provides the following

Driving under the influence is a criminal offense in Illinois. It is subject to the same rules of criminal procedure and evidence as any other charge, including first degree murder. The defendant is protected by the United States Constitution, which provides the right to a jury of 12 people and the right to confront one’s accuser in court (eg, the Confrontation Clause). During a trial for DUI, the defendant is presumed innocent. The prosecution has the burden of proof. The evidence at trial must overcome the presumption of innocence. The prosecution must prove the elements of DUI beyond a

When a person is arrested for driving under the influence in Illinois, the arresting officer will ask him to submit to a chemical test. The most common form of test is a breathalyzer at the police station. If the machine shows a breath alcohol concentration of 0.08 or more, then that person is over the legal limit and will suffer a suspension of his driver’s license. The suspension is called a statutory summary suspension. But in cases where the driver is suspected of being under the influence of drugs, the summary suspension presents different issues. First, alcohol is legal. It is not a

In Illinois, the offense of driving under the influence can be based on alcohol, drugs, or even prescribed medication. Some refer to this as drugged driving, as opposed to drunk driving. This offense of DUI is prosecuted under the same statute as a DUI offense where the driver was intoxicated on alcohol, 625 ILCS 5/11-501. The vehicle code statute says a person can be guilty of DUI in six ways: Sec. 11-501. Driving while under the influence of alcohol, other drug or drugs, intoxicating...

Field sobriety testing is the term describing a series of tests the police give a motorist whom they suspect to be impaired by alcohol or drugs. The tests were developed after study by the U.S. Department of Transportation (DOT), National Highway Traffic and Safety Administration (NHTSA). Three tests were approved for standardization and use by law enforcement throughout the country: Horizontal gaze nystagmus Walk and turn One leg stand These tests were standardized. A procedure was developed...

The law against driving under the influence in Illinois has enhanced penalties where the defendant was transporting a child passenger. The DUI statute in Illinois is 625 ILCS 5/11-501. A first offense is a Class A misdemeanor offense. The sentencing range is up to one year in jail and a possible fine of $2,500. But where the driver has a passenger who was younger than 16 years old, the sentence increases under 625 ILCS 5/11-501(c)(3). A minor who is less than 16 years of age is considered a...

A speeding ticket in Illinois can result in a fine and traffic school. In some instances, it can result in a suspended license. But recent changes in the law make certain tickets more serious. Beginning in 2011, a speeding ticket for driving 30 mph over the limit is a criminal offense. A ticket for speeding 30 mph over is a Class B misdemeanor. In Illinois, a Class B misdemeanor has a possible penalty of up to 6 months in jail, and fine of $1,500. See 625 ILCS 5/11-601.5(a). A ticket for...

A Monitoring Device Driving Permit (MDDP) is available to first offenders during the summary suspension. Generally, the qualifications for an MDDP are that the person has had no DUIs or summary suspensions in the last 5 years, did not cause great bodily harm during the DUI, has never been convicted of reckless homicide, and otherwise has a valid license and is 18 years of age. The MDDP requires installation of a Breath Alcohol Ignition Interlock Device (BAIID) in the person’s vehicle. The BAIID checks the driver’s breath alcohol concentration before allowing the vehicle to start. If

A violation of the rules for the Monitoring Device Driving Permit (MDDP) can cause the Secretary of State to take adverse action against that person’s driving privileges. The Secretary of State can extend the summary suspension, cancel the permit all together, and even require the driver to obtain a restricted driving permit after the summary suspension is over. For example, a traffic ticket is a violation of the MDDP. If a person is convicted of a moving violation while using an MDDP, the Secretary of State will extend the summary suspension for the original length of suspension. A 6-month

The Monitoring Device Driving Permit (MDDP) that is available for first offenders is subject to certain terms and conditions. These rules apply to all permitees, regardless of the individual circumstances of their case. For example, a person whose driver’s license is suspended for a positive urine test for cannabis or a controlled substance must used the Breath Alcohol Ignition Interlock Device (BAIID). The BAIID checks for breath alcohol only, not the presence of cannabis or a controlled substance. Nonetheless, a person who was arrested for DUI based on these drugs, not alcohol, must still

The breathalyzer test that is part of nearly all driving under the influence arrests serves as the State’s best evidence that the driver is guilty. A result of 0.08 or more is per se a violation of 625 ILCS 5/11-501. But the breath test does more. A high breath alcohol concentration can subject the defendant to additional penalties and a harsher sentence if found guilty. Illinois DUI law provides that a defendant who is found guilty and has an alcohol concentration in his blood or breath of 0.16 or greater must be sentenced according to mandatory minimums. Basically, the rule in Illinois

A statutory summary suspension is an administrative action taken by the Secretary of State on a person’s Illinois driving privileges. If, during an arrest for driving under the influence, the person fails chemical testing or refuses to submit to chemical testing, his license will be subject to a statutory summary suspension. The summary suspension is a civil penalty that is separate and independent from the DUI criminal offense. A person can be found not guilty of DUI and yet still suffer a summary suspension, because the issue with a summary suspension is that the person either failed chemical