Time is ticking – you have only 90 days to act.
You only have 46 days from when you were arrested until your license is suspended and you only have 90 days to request a hearing to keep your license.
Penalties for DUI cases in the state of Illinois are quite stringent. In fact, they are one of the most severe in the entire United States. Each person can end up with hefty fines, losing their license to drive, or even serve time in jail for a first-time offense. Cases are handled differently each time, where it can be treated as a simple misdemeanor or a felony.
ILLINOIS STATE LAWS ON DUI
Under Illinois State Law, all individuals under the influence of substances that alter perception are not allowed to operate a motor vehicle. This applies to alcohol, medical marijuana, various controlled substances, and illegal drugs. The state is quite strict in its implementation of these laws, with a No Tolerance Policy for first-time offenders and minors.
DUI laws in Illinois are considered as Implied Consent. When a driving license is granted, license holders implicitly agree to abide by the law and its stipulations. This includes being subjected to field sobriety tests like providing breath, blood, or urine samples to test for level of intoxication.
Remember, you shouldn’t do anything if you are pulled over for a DUI:
- Never admit to drinking
- Never consent to Field Sobriety Tests
- Never submit to a breathalyzer, blood, or urine test.
Do not allow the Police to intimidate you, you have rights.
We defend clients against all types of driving under the influence charges such as:
- DUI Alcohol
- DUI Drugs
- Felony DUI
- Underage DUI
- DUI & Driver’s License Suspension
KNOW YOUR RIGHTS
DRUNK DRIVING
The legal limit for blood alcohol content (BAC) is different for different types of drivers. Generally speaking, people are not allowed to operate any motor vehicle when their BAC is 0.08 or over. Meanwhile, the legal BAC limit for commercial drivers is 0.04. For minors, this goes down further to 0.0, which means they are not allowed to intake alcohol at all. But there are exceptions, including religious events that require alcohol consumption or prescription medication that contain alcohol. In such cases, they must still follow the general BAC limit of 0.08.
MEDICAL MARIJUANA
The use of medical marijuana is legal in Illinois. Individuals have to present a registry card provided by the Illinois Department of Public and confirmed by a licensed physician to be allowed to carry medical marijuana. However, just like alcohol, individuals are still not allowed to operate motor vehicles while under the influence. Transport of cannabis is also prohibited unless it is placed in a sealed container and is inaccessible to the driver while driving. When under suspicion of being under the influence, the driver is subject to a field sobriety test even when a valid marijuana registry card is presented. The limit for the amount of acceptable THC in the body is below 5 nanograms per milliliter of whole blood or 10 nanograms per milliliter of other bodily substances. When this is exceeded, the driver is charged with a DUI.
ILLEGAL DRUGS
The legal limit for illegal drugs in the bloodstream is 0.0, which means intake is not allowed. In some cases, false positives may arise due to the intake of prescription medication. When such cases occur, proof such as a valid prescription should be presented.
DUI PENALTIES IN ILLINOIS
DUI cases in Illinois can either be a misdemeanor or a felony, the consequences of which can be classified as administrative and criminal. The penalties imposed will depend highly on the nature of the case. First offenses, for example, are almost always considered a misdemeanor. A felony offense is incurred when there is an accident, a hit-and-run, a prior felony conviction, or when charged with a DUI while the license is still suspended or revoked. Either way, both misdemeanors and felonies merits an automatic suspension of license, a fine, and/or jail time.
GETTING OUT OF A DUI IN ILLINOIS
Choosing the right lawyer is of the utmost importance when facing a DUI charge. They will discuss your options and create a strategy to help you avoid conviction. That is why it is important you select a lawyer that has considerable experience in handling DUI cases.
The Venditti Law Group Experience
When facing a DUI complaint, it is important that you have strong defense to fight charges that may be filed against you. Experienced legal representation at the moment of your arrest can help you avoid anything incriminating and protect your rights as a citizen. Having an experienced professional when facing charges against you can also increase the chances of you avoiding a conviction, which creates serious consequences for you in the future.
We at the Venditti Law Group pride ourselves in our experience and success in defending Driving Under The Influence cases. We have handled countless DUI cases for various substances, including Felony DUI, Underage DUI, DUI Alcohol and Drugs, and DUI Driver’s License Suspension. Our experience in handling DUI cases matters. Our clients have successfully avoided license suspension and have even won the DUI charge altogether once we have intervened.