“Do not drink and drive” is a basic rule, but many people seem to forget this after a bottle or two. This is why the states have created laws that cover driving under the influence of alcohol and/or drugs. To make the roads safer, such measures are necessary.
But naturally, not everyone is aware of the ins and outs of these statutes. Moreover, as every state has the jurisdiction to draft its law as its legislators see fit, it could get quite confusing. So for the sake of clarity, let us go into detail about the DUI law in Illinois.
The BAC or blood alcohol content of a driver is the main basis of a DUI case. In an ideal scenario, Noll Law Office explains that the police officer checks the driver’s BAC at the moment of apprehension. But, know that any DUI attorney in Springfield, IL would agree that the court can prove a person’s culpability even if the tests were done after the apprehension.
Moreover, license suspension awaits anyone who refuses to take the blood test or breathalyzer test for a DUI case. The state imposes a one-year suspension for first-time offenders and three years for repeat offenders.
Now, one thing to understand about Illinois is that it is a zero-tolerance state. This means drivers under the age of 21 CANNOT have any alcohol in their bodies when operating a vehicle. For drivers over that age, the BAC requirement is at 0.08%. For those operating commercial vehicles, 0.04% is the magic number.
Let’s talk about penalties. For DUI, first-time offenders don’t have to spend jail time. The second offense would be a choice between community service (240 hours) or jail time (5 days). For third (or higher) offenses, the state has no minimum jail time required, but the case gets escalated into a felony. Third-time offenders instantly face a case of aggravated DUI.
These are basic information regarding the DUI law that governs Illinois. Hopefully, this clears up the confusion surrounding this statute.