According to the Center for Disease Control, adults drank and drove 112 million times in 2010. In the same year, 62% of the 211 children that were killed in drunk driving crashes were riding with an intoxicated driver. The National Highway Traffic Safety Administration reports that approximately 33% of all drivers arrested or convicted of driving under the influence (DUI) of alcohol are repeat offenders.
Illinois treats DUI very seriously. A first DUI conviction carries a minimum of one-year loss of driving privileges (two years if the driver is under age 21), maximum fine of $2,500 and possible imprisonment for up to one year.
A second DUI conviction carries mandatory five days imprisonment or 240 hours of community service, chance of one-year imprisonment and a maximum fine of $2,500. If it is a second DUI conviction in 20 years, there is a possibility of losing driving privileges for five years.
A third DUI conviction is considered a Class 2 felony carrying a minimum ten-year loss of full driving privileges, mandatory 18-30 month periodic imprisonment, maximum fine of $25,000 and possible imprisonment of up to seven years.
Illinois is one of a growing number of states that obligate first-time DUI offenders to have a breath alcohol ignition interlock device (BAIID) installed on their vehicles. BAIID is an instrument installed in the ignition of a car to prevent an intoxicated person from driving. To start the engine of the automobile, the driver must blow into the device. If the driver’s blood alcohol content (BAC) is .025% or higher, the car will not start.
Illinois law says that first-time DUI offenders must have a BAIID installed in their vehicle if they want to drive during their license suspension period. The Illinois Secretary of State’s office monitors the instrument to ensure the offenders’ compliance.
When DUI offenders decline to apply for a BAIID and are found driving during the suspension period, they may be charged with a Class 4 felony. When participants in the BAIID program are caught driving a car without an ignition interlock device, they may be charged with a Class 4 felony.
The enactment of amendments to Illinois Administrative Code requiring all BAIIDs to have a camera will permit the Secretary of State to monitor the integrity of the BAIID program.
If you have been charged with a DUI, an experienced Illinois DUI attorney should be promptly consulted.
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…