Cook County DUI Defense Attorney

Under Illinois law, a driver who is operating a motor vehicle or is in “actual physical control” of a motor vehicle is guilty of driving under the influence if they:

• have a blood alcohol concentration (BAC) of .08% or more (more than .00% for drivers under the age of 21) ;
• are under the influence of alcohol;
• are under the influence of alcohol, drugs, or a combination that renders them incapable of driving safely;
• have a THC concentration of 5 nanograms or more in their blood or 10 nanograms or more in another bodily substance within 2 hours of operating or being in control of the vehicle.

If law enforcement has reason to believe any of the above are true, they may stop the driver and test their BAC level, according to Illinois’ “implied consent” law (below).

Penalties Upon Conviction

If convicted of DUI, a driver will face penalties based on how many prior convictions they have:

• 1^st offense – up to 364 days in jail; up to $2,500 in fines; 1 year of license revocation (2 years if the defendant is under the age of 21
• 2^nd offense – 5-364 days in jail; up to $2,500 in fines; 5 years of license revocation
• 3^rd offense – 10 days to 7 years in jail; up to $25,000 in fines; 10 years of license revocation

All offenders will also be required to complete an alcohol/drug evaluation, as well as attend a victim impact panel (VIP).

Note that the criminal penalties may be more severe if the defendant’s BAC was .16% or more or there was a passenger younger than 16 years old in the vehicle. For instance, the jail time for a first offense may increase to 6 months if there was a minor passenger in the vehicle, and a defendant will be required to complete 100 hours of community service if their BAC is detected to be .16% or more. Offenses involving minor passengers will also require drivers to complete 25 days of community service for a program helping children.

Administrative Penalties Under Implied Consent

Like many other states, Illinois also implements an “implied consent” law that presumes all drivers are deemed to have given consent to the chemical testing of their breath, blood, urine, or other bodily substance if law enforcement has probable cause to believe the driver is under the influence. Any driver who fails the chemical test or refuses to submit to a test will face an administrative suspension, called a “statutory summary suspension,” in addition to the potential criminal penalties.

The penalties for a failed test or refusal are the following periods of license suspension:

• 1^st offense (failed test) – 6 months
• 1^st offense (refusal) – 1 year
• 2^nd offense (failed test) – 1 year
• 2^nd offense (refusal) – 3 years
• 3^rd offense (failed test) – 1 year
• 3^rd offense (refusal) – 3 years

A second or subsequent offense is considered any conviction incurred within 5 years of the current offense.

If you have been charged with a DUI, do not hesitate to contact The Law Office of William Wolf, LLC immediately for legal representation. Even a first offense could have a serious impact on your near future, as jail time, fines, and license suspension may not pass quickly. Don’t sacrifice your driving privileges without a rigorous defense attorney to fight for you.