Driving under the influence is a serious offense. A driver whose blood alcohol concentration is 0.08 percent or higher – due to consumption of alcohol, drugs or any intoxicating compound – is guilty of a Class A misdemeanor, punishable by imprisonment (less than a year) and a fine up to $2,500. If the driver commits a second offense, he can also be sentenced to five days imprisonment or 240 hours of community service. If the driver was transporting a child under the age of 16 then he is subject to six months imprisonment, an additional $1,000 fine and 25 days of community service in a program benefiting children. The penalties are more severe if the driver’s blood alcohol concentration (BAC) was 0.16 and/or the driver is a repeat offender.
In addition to the above consequences, there are five important things you should know if you are arrested for driving under the influence:
- If the arresting officer determines that your BAC is over the legal limit, or if you refuse chemical testing, then the officer will immediately suspend your driver’s license. Once you are released on bail, you will be given a receipt allowing you to drive for 45 days while you contest the arrest and license suspension. After the 45-day period, your license will be suspended temporarily for six months or 12 months if you refused testing. (This is called a statutory summary suspension.)
- If your license is temporarily revoked due to a statutory summary suspension, you must pay to have a breath alcohol ignition interlock device (BAIID) installed in your car. (You will also be responsible for the monthly rental and monitoring fees.) You must breathe into the BAIID before you can start the car. If your BAC is higher than a predetermined amount then the car will not start. Your license will be permanently revoked if you are convicted of DUI. Revocation of a license is forever.
- There is likely a video of your DUI arrest. Illinois requires all law enforcement patrol vehicles to be equipped with video recording equipment. Police must record field sobriety tests administered during a DUI stop, including portable breath tests. The police must also record observation periods, test refusal and test administration both at and away from the scene of the stop.
- The police must have a legal reason to stop you in the first place. Typically the reason is a traffic violation, like failure to stay in your lane or to signal a turn. If you have reason to believe that you were illegally stopped, and that this illegal stop resulted in your DUI arrest, then you can file a motion to quash the arrest and suppress evidence (e.g., breathalyzer results). This can be difficult to prove. After all, it is often your word against the officer’s. However, the same video evidence that can condemn you might also help you.
- Your vehicle can be towed, impounded or seized.
If you are arrested for driving under the influence then you must act quickly. You only have 45 days to challenge the arrest before your license is suspended. Contact one of our Schaumburg DUI defense attorneys at Glasgow & Olsson today for a free consultation. We can assist those in the Chicago area.