Understanding the Repercussions of Driving Under the Influence

Driving under the influence (DUI) is not only dangerous – it is also illegal and comes with serious repercussions. In fact, those repercussions can arise even without a conviction. Simply being charged with a DUI can be damaging. Under Illinois state law, law enforcement may suspend your driving privileges if you refuse to submit to or fail to complete a chemical test after an officer has determined you have surpassed the legal limit. This is called a statutory summary suspension (SSS).

It is illegal to drink and drive in Illinois if the alcohol concentration in your blood, breath or urine is 0.08 or higher. The same is true if you are under the influence of drugs or any intoxicating compound. As with other criminal offenses, the penalties increase with each subsequent offense and the severity of the offense. Here are a few of the escalating consequences associated with driving under the influence:

1. A first-time offense is a Class A misdemeanor, punishable by up to one year in prison and up to a $2,500 fine. Offenders might also be eligible for participation in a court-ordered drug treatment program.
2. Second-time offenders are subject to a mandatory minimum of either five days in prison or 240 hours of community service. This is in addition to any other punishments a court may impose.
3. The consequences are more severe if you are transporting a child under the age of 16. Offenders are subject to a six-month prison term, a mandatory minimum fine of $1,000 and 25 days of community service.
4. If the alcohol concentration in your blood, breath or urine is 0.16 or higher, you are subject to a mandatory minimum fine of $500 and a mandatory minimum 100 hours of community service. This is in addition to any other penalties that may be imposed.
5. Second-time offenders with a 0.16 blood alcohol content are subject to a mandatory minimum of two days in prison and a mandatory minimum fine of $1,250. This is also in addition to other penalties that may be imposed.

Remember that these are only some of the consequences associated with driving under the influence. Additional rules apply based on the particular circumstance, like if you are a school bus driver. Also note that a medical prescription to use cannabis, alcohol, or any other intoxicating compound is not a valid defense to driving under the influence.

SSS: What Happens if I Refuse to Take or If I Fail a Chemical Test?

If at the time of arrest you refuse to submit to a chemical test, the officer may immediately suspend your driving privileges. The law grants you 45 days after arraignment to fight the arrest before the suspension takes effect. If you lose this fight, your driving privileges will be suspended for 12 months. If you fail a chemical test, your driving privileges will be suspended for six months, or will be suspended 12 months if you are a subsequent offender.

The best course of action is to know your limits and not get behind the wheel if you have had too much to drink. However, if you have been charged with a DUI, it is important to contact an attorney immediately, even if you have been wrongly accused. We understand the various consequences you are facing and can help you avoid extra penalties like a statutory summary suspension. Contact one of an experienced Chicago DUI defense attorney today. We can assist those in Chicago and its surrounding counties.