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Driving Under the Influence (DUI) of Alcohol, Drugs and / or Intoxicating Compounds

In Illinois, DUI Convictions carry some of the most severe penalties in the United States. An individual will be subject to high fines, the loss of driving privileges and could possibly also serve up to 1 year in jail for a first-time offense.

Drinking Alcohol and Driving

Illinois has an "Implied Consent Law," which means that the driver agrees to abide by the law as condition of being able to drive. This "Implied Consent Law" means that any individual who is in physical control of a vehicle in Illinois has implicitly consented to providing a breath, urine or blood sample to a police officer who has arrested the person with probable cause in order to test for any substance or compound that is in violation of Illinois DUI law.

Illinois DUI law does not allow drivers who have a Blood Alcohol Content (BAC) level of .08 or higher to operate a motor vehicle. Please also note, that the legal BAC level is different for Commercial Drivers (CDLs) and minors.

  • .04 for CDLs
  • .00 for minors (otherwise known as the Zero Tolerance Policy)
Medical Marijuana and Illegal Drugs

Illinois has recently passed laws allowing for the use of medical and recreational marijuana (cannabis). As with alcohol, a person is not allowed to operate a vehicle under the influence of marijuana or any illegal substance. They are also not allowed to transport marijuana, unless it is in a sealed container that is not accessible while driving. If the driver of a vehicle is suspected to be impaired, they will be subjected to a field sobriety test. Failure or refusal of the test will result in the automatic suspension of the person's driver's license. As of July 29, 2016, any person with a THC (Tetrahydrocannabinol) level of 5 nanograms or more per milliliter of whole blood, OR 10 nanograms or more per milliliter of other bodily substances may be charged with Driving Under the Influence of Drugs and / or Intoxicating Compounds.

DUI Penalties DUI Illinois First Offense

A judge in Illinois may use a range of sentencing mechanisms for a DUI Illinois first offense, depending on the specific circumstances of your case.

Administrative Penalties

An Illinois first offense results in an 6 monthlong driver's license suspension. However, there are certain cases (ie. if great bodily harm was caused) where even a first-time DUI may result in a much longer license suspension.

Criminal Penalties

The penalties for a first-time offense are up to 1 year of jail time, up to $2,500.00 in fines and fees, and a minimum 1 year driver's license suspension. Your first Illinois DUI is considered a Class A Misdemeanor, unless bodily harm was caused, in which case it could be classified as a Felony.

Schedule a Free Consultation With One of Hirsch Law Group's Skilled and Experienced Attorneys

DUI law is complicated and is constantly being updated and modified. If you have been arrested for Driving Under the Influence (DUI) of Alcohol, Drugs and / or Intoxicating Compounds, please get in touch with one of our knowledgeable attorneys. An experienced DUI attorney can help you understand how the law applies to the facts of your case.

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