In the State of Illinois, driving under the influence of alcohol (DUI), controlled substances, or chemical substances is an office if proven that driver’s normal faculties were impaired.
Often, many questions arise when it comes to someone who has been charged with a DUI. If you live in Illinois, you can get a DUI if you are pulled over when driving with a BAC (blood alcohol concentration) of 0.08% or higher. It does not matter if you were “driving drunk” or if your ability to drive was impaired. When you get behind the wheel of a car in Illinois, you automatically give consent to be tested for BAC. This can be done with blood tests of with a breathalyzer.
Here are some commonly asked questions in regards to DUI if you should test positive for a high BAC when driving in Illinois:
When do the police measure your BAC?
In Illinois, your blood alcohol concentration must be tested while driving. This means that if you are pulled over, you should immediate do a breathalyzer test or that your blood should be drawn without delay. However, in the case of court hearings, many prosecutors may be able to prove culpability even if your BAC level was tested later than at the scene.
What is considered a maximum blood alcohol level for minors?
If you live in Illinois and you are under the age of 21, you are considered a minor. This makes a huge difference when it comes to penalties. Minors’ BAC may only be .05% according to the drinking and driving laws and some of the penalties include the possibly of your license being revoked until the age of 18 years in the case of a first offence. If you are a minor and this is a second offence, your license can be revoked until the age of 21.
What is the jail time for a DUI?
- 1st offence – Up to 1 year
- 2nd offence – Up to 1 year
- 3rd offence – 3 – 7 Years
If you are a driver of a commercial motor vehicle, you are not allowed to drive a commercial vehicle for 12 months and you will not be able to obtain a hardship license until the 12 months have passed after being convicted of a DUI. After 12 months, you have to pay a disqualification reinstatement fee and reinstate your commercial vehicle license.
In the event of transporting hazardous material when convicted, your disqualification period will be three years. This law also applies when convicted of driving a commercial vehicle while in the possession of a controlled substance or convicted of driving a commercial vehicle when refusing do to a BAC test.
If a commercial vehicle driver has received three traffic violations in three years, the driver may not drive a commercial vehicle for 120 days. After the 120 days, the disqualification reinstatement fee must be payed and the driver’s commercial license must be restored.