In Illinois, a driving under the influence (DUI) charge is more complicated that many people think. In fact, you can get charged with DUI while asleep. Last year, the son of former Illinois Governor George Ryan was charged with DUI when police found him sleeping in his pickup truck in a White Castle parking lot. If you have had a few too many drinks, here are some things to consider before getting in your vehicle:
Actual physical control
Under Illinois DUI law, it is illegal for a person with a blood alcohol content of 0.08 percent or over to drive “or be in actual physical control of any vehicle.” Anytime you are sitting in the vehicle with access to the keys, this could be deemed to constitute actual physical control. It is irrelevant whether you are awake or asleep. It is also irrelevant whether you sit in the driver’s seat, passenger’s seat, or rear seat. You may be charged!
Penalties
If you are convicted of a first time DUI in Illinois, you face the following penalties:
- One year minimum loss of full driving privileges
- Up to one year in jail
- Up to a $2,500 fine
If you are convicted of DUI for a second time, you face the following penalties:
- Five-year minimum loss of full driving privileges
- Up to one year in jail
- 240 community service hours or five days in jail
- Up to a $2,500 fine
Options
If you are intoxicated, you should not enter your vehicle for any reason without someone else in the driver’s seat. Arrange a designated driver prior to your night out or call a cab for a ride home.
If you have been charged with DUI, you need an experienced North Shore DUI defense lawyer. We will aggressively defend your rights. Call our office today to schedule an appointment.
Born in Havana, Cuba, Paul Chatzky is fluent in Spanish and English, enabling him to effectively represent a wider range of individuals and families. He is AV® Preeminent™ Peer Review Rated by Martindale-Hubbell®, and is listed among Illinois Super Lawyers, which is a reflection of his high ethical standards and exceptional legal knowledge. As a…
Prior to joining the firm as a paralegal, Debbie was employed by major banking institutions as a loan processor and as an executive secretary. Debbie was also employed as an administrative assistant for the Board of Jewish Education. Having majored in Sociology, Debbie graduated from the University of Florida in 1980. Debbie completed her studies…
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