DUI Lawyer Bloomington IL – Koth Gregory & Nieminski – 420 North Main Street – Call 309-828-5090
According to Illinois state laws, drunk driving or driving under the influence is a major criminal offense with tough penalties that includes possible jail time, limitations or even total loss of driving privileges and significant fines.
The expertise of a DUI Lawyer Bloomington IL is critical for protecting your best interests. Following a convicting or even if the court grants supervision, a DUI offense permanently remains on your driving record. For motorists who receive more than one conviction for DUI, the penalties get more and more severe. Further down on this post, we’ll take a look the penalties for a DUI conviction.
A quick look at the consequences for this type of offense shows just how important it is to contact a DUI Lawyer Bloomington IL immediately for assistance if you’ve been pulled over for this offense.
Coping with a charge of DUI can be very stressful. At the law firm of Koth Gregory & Nieminski, our DUI Lawyer Bloomington IL have years of experienced protecting clients facing this serious offense. We’ll fight for your rights to assure you’re treated fairly by the legal system.
Facts about Driving Under the Influence – DUI Lawyer Bloomington IL
According to the law in Illinois, the definition of “driving under the influence” is operating a motor vehicle while impaired by alcohol, drugs (including marijuana for medical use), intoxicating compounds or methamphetamines. In Illinois, motorists are legally viewed as impaired if they have a blood alcohol content (BAC) of at least .08, a cannabis concentration of five nanograms or higher per milliliter of blood, test for other controlled substances or if impaired by medications.
A motorist’s blood alcohol content is based upon the ratio of alcohol to blood or breath. A motorist with
a BAC between .05 and .08 can be convicted of DUI if evidence shows impairment. The influence of alcohol is established by the amount of alcohol that’s been consumed and the rate at which it’s processed by the body.
Some other factors may include gender, weight, frame of mind, surroundings and amount of food consumed. Talk with an experienced DUI Lawyer Bloomington IL for more information about blood alcohol testing.
DUI statistics in Illinois find that:*
-75 percent arrested for the offense are males.
-57 percent are under age 35.
-Peak time for arrests tends to be between 11 p.m. and 4 a.m. on weekends.
-On average, motorists pulled over for DUI have a BAC of .16, which is double the illegal limit.
How to Proceed If You’re Pulled Over for a DUI in Illinois – DUI Lawyer Bloomington IL
In the unfortunate event you’re pulled over by law enforcement on suspicion of a DUI, the authorities typically may not allow you to contact your DUI Lawyer Bloomington IL until after you’ve taken or refused chemical testing. Police are required to provide a Miranda warning only if they question you. They may give you a breathalyzer test, however, without giving you a Miranda warning.
The police officer will probably request information about what you were doing before you were pulled over regarding any alcohol or drug consumption. You should politely refuse to answer questions until you can speak with your DUI Lawyer Bloomington IL. This is mainly because any information you provide may make DUI charges against you tougher to defend.
If you’ve been in an accident, the only information that you’re required to give police is driver and vehicle information. Again – call your DUI Lawyer Bloomington IL as soon as you are able.
Breathalyzer Testing – DUI Lawyer Bloomington IL
This issue is a tricky one that depends on each motorist’s particular situation. The state’s summary suspension law declares that refusal of chemical testing carries a minimum penalty of driver license suspension for one year.
First time offenders who do take the test may instead see their license suspended for six months if the test reveals a BAC of 0.08 or higher. In some cases, the court may grant court supervision to first time DUI offenders.
However, some judges are not likely to give court supervision when the motorist’s BAC is higher than .20. If at all possible, talk to your DUI Lawyer Bloomington IL before deciding whether to agree to chemical testing. In the event you cannot reach your DUI Lawyer Bloomington IL it’s suggested that you decline testing if you’re not a first time offender and have been involved in a crash that results in death or injury. Also decline if it’s likely your BAC will be 0.20 or greater.
Penalties for Driving Under the Influence in the state of Illinois – DUI Lawyer Bloomington IL
The following is a summary of penalties for DUI. Note that additional penalties are involved for those convicted of DUI if a child under the age of 16 is in the vehicle at the time of the offense and if a child under 16 suffers an injury in a vehicle crash.
-First Offense. A first DUI conviction in Illinois is a Class A misdemeanor. Along with a statutory summary suspension, driving privileges are revoked for a minimum of one year or for at least two years if the motorist is under age 21. First time offenses also result in suspension of vehicle registration.
-Second Offense. Like a first offense, the second is also a Class A misdemeanor, but it’s also punishable by a minimum of five days in jail or 240 community service hours along with suspension of vehicle registration.
If a motorist commits a second DUI offense within 20 years, it results in loss of driving privileges for a minimum of five years. If within five years, punishment includes five days jail time or 30 days of community service, plus fines up to $2,500 and a jail sentence of up to one year.
-Third Offense. Is an aggravated DUI and a Class 4 felony which results in the loss of driving privileges for at least ten years, potential jail time of one to three years and fines as high as $25,000.
-Fourth Offense. Is an aggravated DUI and a Class 2 felony that carries minimum jail time of three years and a maximum of seven years. Driving privileges are revoked for life along with suspension of vehicle registration.
-Fifth Offense. Is an aggravated DUI and a Class 1 felony that carries a minimum jail term of four years and a maximum of 15 years. Lifetime loss of driving privileges and suspension of vehicle registration.
-Sixth Offense. Is an aggravated DUI and a Class X felony with a mandatory minimum of six years in jail. Jail time can be as high as 60 years. Driving privileges are revoked for life along with suspension of vehicle registration.
Effective since 2018, enhanced penalties may apply upon conviction for driving while license revoked if the driver is responsible for a crash results in a fatality. Prosecution for aggravated DUI resulting in death may be initiated at any time.
DUI laws in Illinois also subject motorists to high-risk vehicle insurance premiums that can increase as much as $1,500 annually or higher. Before driving privileges are restored, alcohol and drug evaluation is required along with successful completion of alcohol or drug education programs.
*Source: Office of the Illinois Secretary of State.