dui in illinois: what is impaired driving?

DUI IN ILLINOIS What Is Impaired Driving?

PIOLETTI & PIOLETTI Bloomington, Illinois Criminal Defense Attorneys

“Impaired driving occurs when an individual operates a vehicle while under the influence of drugs or alcohol that impair the individual’s ability to operate the vehicle in a safe manner.”

According to the Centers for Disease Control and Prevention, 30 people lose

their lives each day in the United States from injuries sustained in vehicle

accidents with an alcohol-impaired driver. The cost of alcohol-related accidents

totals close to $60 billion each year. Driving while impaired by alcohol or other

substances is a huge problem throughout the United States as well as in Illinois.

In 2012 alone, 335 people were killed in Illinois in DUI related crashes. The

Illinois Secretary of State’s office recorded 37,126 DUI arrests during that same

year.

Impaired driving occurs when an individual operates a vehicle while under the

influence of drugs or alcohol that impair the individual’s ability to operate the

vehicle in a safe manner. State statutes vary; however, each state has a DUI

(driving while under the influence) or DWI (driving while impaired or intoxicated)

law that sets forth the legal limits for blood alcohol content (BAC). A person’s

BAC is measured by the ratio of alcohol to blood or breath. If your BAC is over

the legal limit, you may be found guilty of impaired driving.

Driving Under the Influence in Illinois

Driving Under the Influence (DUI) is defined by

Illinois law as operating a motor vehicle while

impaired by alcohol, intoxicating compounds,

methamphetamine or other drugs prescribed

for medical purposes, including but not limited

to cannabis (marijuana). In Illinois, it is illegal

to operate a vehicle if your blood alcohol

content is:

0.00 for drivers under the age of 21

0.00 for school bus drivers

0.04 for commercial driver’s license

holders

0.08 for drivers 21 and over

It should be noted that if your BAC is .08 or below, you might still be found guilty

of DUI if the state can provide additional evidence that demonstrates you were

driving while impaired. This highlights the reason why you need an experienced

DUI attorney from the very beginning of your case. What you assume may be a

simple traffic ticket could very easily cost you your freedom.

Alcohol affects our judgment and our coordination. When our judgment and

coordination are impaired, the risk of being in a vehicle accident increases. For a

person with a BAC of 0.08, the risk of being in an automobile accident is 11 times

that of a non-drinking driver. While some people believe that coffee, a shower,

fresh air or food will cause a person to become sober quicker, the fact is that only

time will undue the effects of alcohol or drugs in a person’s system.

Penalties for Impaired Driving or DUI in Illinois

DUI is a crime that is punishable by imprisonment and other penalties. If

convicted of a DUI in Illinois, you can face several economic and legal penalties

that affect your ability to work and enjoy your life. The minimum penalties for DUI

convictions in Illinois are shown below.

First DUI Conviction

This is a Class A misdemeanor that results in the revocation of driving privileges

for a minimum of 1 year (2 years if the driver is under the age of 21) and

suspension of vehicle registration. Depending on the circumstances of the

arrest, a person convicted of DUI first offense may also face up to one year in

prison and a maximum fine of $2,500.

Second DUI Conviction

This is a Class A misdemeanor that carries a mandatory minimum prison

sentence of 5 days or 240 hours of community service, revocation of driving

privileges for a minimum of 5 years and suspension of vehicle registration.

Depending on the circumstances of the case, a person may also face up to one

year in prison and a maximum fine of $2,500.

Third DUI Conviction

A conviction for a third DUI is a Class 2 felony that carries much more severe

penalties. A person convicted of a third DUI faces revocation of driving privileges

for a minimum of 10 years, suspension of vehicle registration, a minimum 180-

day jail sentence, the potential for imprisonment up to seven years and a

maximum fine of $25,000.

Aggravated DUI

Aggravated DUI following a crash resulting in great bodily harm or permanent

disfigurement is a Class 4 felony. If convicted, a person faces revocation of

driving privileges for a minimum of one year, mandatory ten days imprisonment

or 480 hours of community service, possible imprisonment up to 12 years and a

maximum fine of $25,000.

The circumstances of your DUI can also cause the charge to be elevated to

Aggravated DUI. With an Aggravated DUI, any mandatory term of imprisonment

or community service is not subject to reduction or suspension. Furthermore, if

sentenced to probation or conditional discharge, the person must serve a

mandatory sentence of 10 days imprisonment or 480 hours of community

service.

Examples of situations that would elevate a DUI to Aggravated DUI include but

are not limited to:

DUI committed without a driver’s license or permit

DUI committed without vehicle liability insurance

DUI committed in a school zone during times of restricted speed limits that

resulted in an accident involving bodily harm

Third or subsequent DUI convictions

DUI committed while driving a school bus with at least one passenger 18

years of age or younger

DUI resulting in disfigurement, permanent disability or great bodily harm

DUI resulting in death

Any DUI charge is very

serious. It is important that

you contact our office as

soon as possible following a

DUI charge in Illinois. Our

experienced DUI attorneys

work diligently to ensure

that your rights are

protected both inside and

outside of the courtroom. Field sobriety tests and other evidence can be

misleading or the officer may not have had probable cause to make an arrest.

We will investigate the circumstances of your DUI arrest to ensure that your

rights are not violated and you receive a fair and impartial trial.

Contact Our Office for a Consultation with an Experienced Illinois DUI

Attorney

The attorneys of Pioletti & Pioletti represent individuals who need experienced

DUI defense attorneys. We serve clients throughout McLean, Woodford,

Tazewell and Peoria counties by providing compassionate, competent legal

services. We offer free consultations. You can contact our office by calling 309-

938-4838.

When you need the assistance of an experienced criminal defense attorney in

Central Illinois, call the compassionate and skilled attorneys of Pioletti & Pioletti.

We are dedicated to giving our clients exceptional service and support

throughout the DUI process.

About Pioletti&Pioletti

Serving Our Clients with Sound Guidance and Unparalleled Dedication

Pioletti&Pioletti is a full service law firm that represents individuals and businesses in a variety of areas

of law including criminal defense, family law, bankruptcy, and estate planning.

Pioletti&Pioletti has a long history in central Illinois. Our firm was founded in 1938 with a focus on estate

planning, real estate, and business services. Today we are a versatile firm providing a group of

services including criminal defense, family law, bankruptcy, and civil litigation representation.

Our focus is on providing outstanding legal representation with unmatched personal service. We are

available through email, 24 hours a day, 7 days a week.

Pioletti&Pioletti 107 E. Eureka, Suite 1, Eureka IL 61530 Phone: +1 309-467-3213 Website: www.piolettilaw.com 121 N. Main St.,Bloomington IL 61701 Phone: +1 309-821-0246 Website: www.piolettilaw.com