Illinois DUI FAQ

How will receiving a DUI affect me?

If you are found guilty of DUI (or plead guilty to DUI), you will, at the very least, be required to pay various fines and costs associated with your case and complete alcohol counseling. In Coles County, it is common for defendants to pay $1,500+ in fines, costs and fees for a first DUI. Other common terms in Coles County are to attend a DUI course (or MADD Victim Impact Panel) and complete community service work. Depending on the circumstances of the case (such as having a prior DUI), jail, probation, non-possession of alcohol, and other such terms are certainly possible.

Loss of driving privileges also accompany most DUI cases. A person who violates the Illinois DUI statutory summary suspension law (such as where the person blows over .08) will have his license suspended, and a person convicted of DUI (judicial supervision is not a conviction) will have his license revoked in addition to any statutory summary suspension resulting from the DUI arrest. This loss of driving privileges will affect a person’s ability to drive to work, especially in the case of someone not eligible for a Monitoring Device Driving Permit.

Being arrested for DUI can also be one of the most embarrassing and traumatic experiences in a person’s life.

Can I drive to work while my license is suspended?

Yes, if you are eligible for the MDDP program. This program requires you to install a breath-sampling device in your vehicle in order to operate it. With this device, you can drive anywhere you like — including to work. Click here to view information on the MDDP program provided by the Illinois Secretary of State.

Is DUI a criminal charge in Illinois?

Yes. At the very least, any given DUI charge will be a Class A misdemeanor. If certain circumstances are present, the State may file felony DUI charges.

Will I be going to jail?

In the counties I practice in, for your first misdemeanor DUI, you are probably not going to receive a jail sentence (unless there are unusual circumstances). Beyond this, the likelihood of you going to jail will depend on a number of variables.

Can I win my DUI case?

Yes, you potentially can. Lawyers across the country win DUI cases all the time. With that said, a quality lawyer will never guarantee any result in a case. You should run away from any lawyer who promises you a result in exchange for your business.

Can I get a DUI if I haven’t been drinking?

Yes. You can be arrested on drug-related DUI charges in addition to alcohol-related charges.

There are six basic ways to receive a DUI in Illinois. The applicable statute (625 ILCS 5/11-501(a)) reads as follows:

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A person shall not drive or be in actual physical control of any vehicle within this State while:

(1) the alcohol concentration in the person’s blood or breath is 0.08 or more based on the definition of blood and breath units in Section 11-501.2;

(2) under the influence of alcohol;

(3) under the influence of any intoxicating compound or combination of intoxicating compounds to a degree that renders the person incapable of driving safely;

(4) under the influence of any other drug or combination of drugs to a degree that renders the person incapable of safely driving;

(5) under the combined influence of alcohol, other drug or drugs, or intoxicating compound or compounds to a degree that renders the person incapable of safely driving; or

(6) there is any amount of a drug, substance, or compound in the person’s breath, blood, or urine resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act.

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Where can I learn more about Illinois DUI Law?

To learn more please Illinois DUI law, visit the DUI category on my weblog.

You may also learn about DUI basics by reading this article I wrote for Avvo.com.

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Illinois DUI FAQ