If you are pulled over for suspected drunk driving in Illinois, you will find yourself being subjected to both field sobriety tests and a blood alcohol testing process. If your blood alcohol concentration (BAC) is .08 or above, you will be arrested for DUI. If you are under 21 and pulled over, there is a zero tolerance policy, which means that any BAC will mean that you are going to be arrested for DUI. Illinois has a stricter set of penalties for people who choose to drink and drive with their children under 16 in the car or who drive with a BAC of .16 or above as well.
First DUI Offense
If you are convicted of a first DUI offense, you will lose your license for six months and up to one year. Reinstatement can be given after a period of thirty days, if you meet certain requirements that are laid out for you, including installing an ignition interlock device. Jail time will range from none to one year. If you were driving with a child under 16 in your car, you will spend at least 6 months in jail. Fines will depend upon the factors of your arrest. They can be up to $2500 for a first offense, and if you have a child under 16 in the car, you automatically add $500 to your fines. If you have a BAC of .16 or above, you can add $1000 to it. Community service will be given in many cases as part of your sentence as well.
Second DUI Offense
A second DUI offense within twenty years of the previous one will mean that you lose your license for five years. As far as criminal penalties, the look back period is 5 years and if you have a second offense within that time period, you will be looking at a minimum of 5 days in jail or 240 hours of community service. If you had children in the car, your charge will be upgraded to a felony and you will have an additional one to three years in jail. A BAC of .16 or above will add two more days to your sentence. As far as fines, you will be facing fines of up to $1500 for a second DUI. If you have a child under 16 in the car, your fines can increase by up to $25,000 and if you had a BAC of .16 or higher, you will by adding about $1250 to your fine amount.
Third DUI Offense
A third DUI conviction is a felony and it has strict penalties that come with it. The first is that you will lose your license for a minimum of 10 years. Jail time can range from 3 to 7 years, depending upon the factors that you are arrested under. If you were driving with a BAC over .16 or with children under 16 in the car, you will have even more jail time added onto your sentence. Fines can range anywhere from $2500 to $25000 or more, depending upon your arresting factors. Community service can be required as part of your sentencing as well.
Having the right lawyer can allow you to be able to make it through the legal process maze. Understanding that you are going to be facing severe repercussions if you drink and drive should keep you from doing it. Illinois is very strict with their DUI laws, so you want to be sure that you understand what you are going to face if you make the choice to drink and drive. The right legal representation can make a big difference for you now and in the future.