The Sobering Truth
by Jesse White
Secretary of State
Definitions
It is illegal to operate a vehicle in Illinois with a blood-alcohol content(BAC) of .08 percent or greater. With additional evidence, a driver can also be convicted of DUI with a BAC in excess of .05. DUI also applies to drivers under the influence of other drugs, including any legal or illegal substances that cause impairment, regardless of how they enter the body.
Implied Consent
By driving on Illinois roadways, a driver agrees to submit to testing for alcohol
or other drugs. Refusing to submit to testing results in a longer suspension of
driving privileges than that received for test failure. A test refusal can be
used as evidence in a DUI case.
Driver's License Suspension
A suspension is the temporary loss of driving privileges for a specific
length of time. Suspended drivers must comply with all requirements and pay
any fees to obtain reinstatement of driving privileges.
Driver's License Revocation
A revocation is the loss of driving privileges with no guarantee of reinstatement.
An individual may apply for reinstatement at the end of the revocation period. An
administrative hearing, remedial education, recent alcohol/drug assessment, substance
abuse treatment and payment of applicable fees also are required. If approved,
reinstatement requires retesting and fees for a new driver's license.
DUI And Related Offenses
DRIVING UNDER THE INFLUENCE
Classified as a violent crime. Never expunged from a driver's record.
First conviction— Class A Misdemeanor: possible 0-12 months imprisonment; 100 hours community services; fines of up to $2,500; minimum 1-year driver's license revocation (2 years if under age 21); mandatory vehicle registration revocation. If previous history shows prior DUI-related suspension within 10 years, must have a Breath Alcohol Ignition Interlock Device (BAIID) installed as condition of driving relief.
Second conviction— Class A Misdemeanor: possible 0-12 months imprisonment; mandatory 5 days in jail or 30 days community services; fines of up to $2,500; mandatory vehicle registration revocation; mandatory minimum 5-years driver's license revocation (driving relief available after 1 year of revocation has been served and only with a BAIID installed).
Third conviction— Class 4 Felony: possible 1-3 years imprisonment or 30 days community service; fines of up to $25,000; minimum 10-year driver's license revocation (driving relief available after 1 year of revocation has been served and only with a BAIID installed).
Forth or subsequent conviction— Class 4 Felony: possible 1-3 years imprisonment; fines of up to $25,000; lifetime driver's license revocation ( not eligible for driving relief).
DUI—CHILD ENDANGERMENT
DUI while transporting a child under age 16.
First conviction— Class A Misdemeanor: possible 0-12 months imprisonment; mandatory 2 days in jail; mandatory 5 days community services benefiting children, plus additional 100 hours standard community service; fines of up to $2,500; minimum 1-year driver's license revocation if previous history shows prior DUI-related suspension within 10 years; must have a Breath Alcohol Ignition Interlock Device (BAIID) installed as condition of driving relief.
Second conviction— Class A Misdemeanor: possible 0-12 months imprisonment; mandatory minimum 17 days in jail if second offense within 5 years; mandatory 10 days community services benefiting children, plus additional minimum 30 days standard community service; fines of up to $2,500; minimum 5-years driver's license revocation (driving relief available after 1 year of revocation has been served and only with a BAIID installed).
Third conviction— Class 4 Felony: possible 1-3 years imprisonment; mandatory minimum 90 days in jail if third offense in 20 years (not eligible for community service); fines of up to $25,000; minimum 10-year driver's license revocation (driving relief available after 1 year of revocation has been served and only with a BAIID installed).
Forth or subsequent conviction— Class 2 Felony: possible 3-7 years imprisonment(not eligible for probation or conditional discharge); fines of up to $25,000; lifetime driver's license revocation ( not eligible for driving relief).
AGGRAVATED DUI
Includes a third or subsequent DUI conviction, a DUI resulting in great bodily
harm or a DUI while driving a school bus.
Class 4 Felony: possible 1-3 years imprisonment.
RECKLESS HOMICIDE
A DUI crash resulting in a death.
Class 2 Felony: possible 3-14 years imprisonment;
minimum 2-year driver's license revocation.
CONTRIBUTING TO DUI
Knowingly allowing a person to operate your vehicle under
the influence of alcohol or other drugs.
Class A Misdemeanor: possible 0-12 months imprisonment.
DRIVING WHILE SUSPENDED OR REVOKED
If a person's driver's license is suspended or revoked for DUI,
leaving the scene of a personal injury or fatal crash, reckless homicide
or Statutory Summary Suspension, he/she faces enhanced penalties if
caught driving during the suspension/revocation period.
First conviction— Class A Misdemeanor: possible 0-12 months imprisonment; mandatory minimum 10 consecutive days in jail or 30 days community service; original suspension/revocation period extended.
Second or subsequent conviction— Class 4 Felony: possible 1-3 years imprisonment; mandatory minimum 30 days or up to a minimum of 180 days in jail (depending on number of offenses); original suspension/revocation period extended.
OPEN CONTAINER
It is illegal for anyone to transport or possess an alcoholic beverage
in the passenger area of a vehicle when it is no longer in its original package
or when the seal has been opened or broken. All passengers can be charged and fined;
however, only the driver will have the conviction on his/her driving record.
(Charted busses not for school use, limousines, motor homes and mini-motor
homes are exempt.)
First conviction: 1-year driver's license suspension (under age 21).
Second conviction within 1 year: 1-year driver's license suspension (age 21 and over); driver's license revocation (under 21).
VEHICLE IMPOUNDED/SEIZURE
A driver may have his/her vehicle impound or seized if arrested for DUI or
driving while suspended or revoked for a previous DUI. Local home rules in cities
and counties may have unique provisions for vehicle impoundment and/or seizure.
DUI — MORE THAN JUST A TICKET
Being convicted of DUI or a related offense is more than just a ticked — you
face criminal charges and penalties, will lose your driving privileges, experience
financial hardship and worse — you could kill someone.
DRIVE RESPONSIBLE
Alcohol and drugs cloud judgment and the ability to reason or make correct decisions,
such as whether or not to drive. Responsible drivers can avoid an arrest for DUI by
planning ahead:
- Use a designated driver — one who abstains from drinking.
- Take public transportation or call a cab.
- Stay overnight.
BE A RESPONSIBLE HOST
Responsible hosts do not let their guests drive drunk or ride with a drunk driver.
Pay attention to how much alcohol is being served, limit the number of drinks
and stop serving alcohol one hour before the event ends. Offer a variety of foods
and have plenty of non-alcoholic beverages available.
Additional suggestions for hosting a save gathering include:
- Collecting car keys when guest arrive so you can determine if they are safe to drive home.
- Having a designated driver available to take guest home.
- Inviting guest to stay overnight.
For more information or to schedule an educational presentation on DUI and traffic safety laws, please contact:
2701 S. Dirksen Parkway
Springfield,IL 62723
217-557-1458
or
17 N. State St.
Chicago, IL 60602
312-814-2905