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.
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.
Illinois’s open container laws generally prohibit consuming or possessing open containers of alcohol or medical marijuana in a motor vehicle. However, alcohol-related open container violations are treated differently than those for medical marijuana. Learn about the details of these laws, including the penalties for a violation
In Illinois, the charge for a first offense DUI conviction is a misdemeanor. In most cases, the second offense will also be considered a misdemeanor. However, if you should have three DUI convictions, or if someone was seriously injured in your DUI accident, you will generally be charged with a felony. These are serious charges that have lifelong consequences and penalties.