Madelyn Daley
Attorney at Law

US Local 618-509-9724

A summary of penalties for drunk driving in Illinois

Illinois law imposes strict penalties for drunk driving. Beginning with automatic license revocation for refusing a blood alcohol concentration test to significant periods of incarceration for repeated DUI offenses, theses penalties can have an extremely disruptive effect on a person's life. A person facing one or more of these charges will need an effective DUI defense to avoid a serious sentence.

Drunk driving is defined as having a BAC in excess of 0.08%. Persons under 18 are presumed to be drunk if they have a positive BAC in excess of 0.00. If a person has a BAC in excess of 0.16 percent, that person will face a charge of aggravated DUI and consequently greater penalties. Anyone operating a motor vehicle on the state's roads is presumed to have given his or her consent to submit to a blood alcohol test. Refusal to submit to the test results in an automatic licenses revocation.

The full range of DUI offenses and related penalties is too large to squeeze into this blog, but a look at certain penalties can provide a sense of how seriously the state treats drunk driving. A first DUI violation will lead to a minimum license suspension of 3 months; a second violation can lead to a one year suspension. A third violation can lead to a 10 year suspension. For particularly egregious violations, a driver may have his or her vehicle confiscated. All repeat offenders must install an ignition interlock device in order to obtain a restricted license. Incarceration for a DUI violation can range from 6 months for the first violation to 14 years if a fatality is involved.

Anyone who is facing one or more charges for a violation of Illinois DUI laws may wish to consult an experienced criminal defense attorney. Such a consultation can provide a helpful evaluation of the facts and law that will govern the case and an estimate of the likelihood of obtaining a favorable plea agreement or outright acquittal.

Source: FindLaw, Illinois DUI Laws, accessed on July 1, 2017

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