A first offense DUI is usually a misdemeanor punishable by imprisonment or a fine. Illinois DUI statute criminalizes all leading, almost any type of vehicle while under the influence of alcohol, drugs or any intoxicating compound. Illinois DUI statute also criminalizes “physical control” of a vehicle under the influence. Therefore, the law does not require that a person actually driving the vehicle or have the engine running. A DUI conviction is a felony that is almost certain to affect the freedom of a person, privileges, employment or car insurance driving unfavorably.
A person accused of a DUI may receive more than a traffic infraction DUI. This is due to the statute currently it classifies many different types of DU I. In most DUI traffic stops, it will apply more than one legal section. For example, a person may smell like alcohol and failed field sobriety tests and that person can take the breathalyzer test and blow higher than 0.08. Therefore, the police will issue a citation for DUI for driving with an alcohol concentration greater than 0.08 breath and police issued a citation for DUI for driving under the influence of alcohol.
DUI penalties vary depending on a number of factors. Penalties of typical criminals who infringe first law generally includes a period of court supervision, treatment of alcohol and substance abuse counseling, assistance to a panel of victim impact and legal fines and court costs. A mandatory assessment agency assessment sanctioned by the Circuit Court of the place generally determines the amount of treatment and counseling. However, the trial court always has the power to increase penalties within legal limits. It is important to know, however, is that a DUI conviction will result in the Secretary of State to revoke the offender’s driver’s license. Revocation, unlike a suspension, not a termination date established. Illinois law also created a number of aggravating factors that trigger mandatory sanctions such as mandatory jail, community service, fines, installation of ignition interlock devices and revocations. These factors include, but are not limited to, the age of the offender, the age of the passenger, the concentration of alcohol in the breath of a person if the offender had insurance or if the offender had a valid driver’s license.
A person accused of a DUI faces not only the criminal case, but in general will face administrative suspension of driving license. This administrative action can lead to unusual results in a person defeat the DUI charge but still gets suspended license. This suspension is called legal summary suspension. Suspension of the license of this driver is independent of the criminal case, and is the result of an administrative action by the office of the Secretary of State of Illinois. People who agree to perform the breath test and will not receive a suspension, a person who refuses to take a breathalyzer test receive a longer suspension. Moreover, the Secretary of State will not lift the suspension until the time and the person paying a reinstatement fee. Under certain limited circumstances, a lawyer may be able to file a petition to revoke the statutory summary suspension. A lawyer must file a petition to rescind the statutory summary suspension within a specific time period or the offender will lose the right to challenge the suspension. If the court grants the request, the Secretary of State does not suspend the offender’s driver’s license or the suspension lifted. If the court rejects the request to annul the legal suspension, an attorney may still be able to get limited privileges to the client drive, sometimes known as an igniter or BAIID.
A DUI is a very serious crime. The many types of DUI charges and circumstances of each case are as diverse as the sanctions regime applicable, revocations and suspensions. Therefore, each case may present an opportunity for our experienced defense lawyers to attack the base of the traffic stop, or to attack the results of a breathalyzer test or suppress the results of the field sobriety exercises.