Illinois has good reason to be concerned about DUIs – over 35,000 people are arrested yearly for the offense in Illinois and 300 people a year die from alcohol-related crashes. A first offense DUI in Illinois entails both criminal penalties and prolonged license reinstatement process upon conviction.
Of the more than 35,000 person arrested in Illinois each year for DUI offenses, les than fifteen percent are third offenders. The vast majority of these third offenders are men between the ages of 21 and 35. Considering that Illinois has no look-back period, any DUI in Illinois will count as a prior if you are arrested again.
In Illinois, as in all states, it’s a crime to operate a vehicle with a blood alcohol content of .08 or higher. If arrested and convicted for this crime, judges typically apply a set of minimum and maximum sentencing guidelines. When determining the sentence, judges and prosecutors commonly weigh mitigating and aggravating factors.
Sobriety checkpoints are legal in Illinois (see 486 N.E.2d 880 (Ill. 1985)). These checkpoints (also referred to as "mobile checkpoints" or "roadblocks") are police traffic stops that are not tied to any specific or individual suspicions.
In Illinois, if you get pulled over for a DUI and the officer asks you to take a blood, breath, or urine test, do you have to take one? What happens if you refuse? Implied Consent Illinois law requires you to take a breath, blood, or urine test if you are arrested for a DUI.
Although field sobriety testing in Illinois is supposed to help an officer make a determination, in reality, most officers make a decision to arrest within the first few seconds of talking to you and the field tests are really about gathering evidence to make a stronger prosecution case.