At JP Law Office, we structure our legal service around personalized and customizable counsel. We will work one-on-one with each client to build a strong defense unique to your situation. Attorney Jennifer Patton has nearly 30 years of defense experience, and she is also a former prosecutor. As a result, she has been on both sides of the law and can understand how the state might position themselves in your DUI case.
IMPLIED CONSENT LAWS
Keep in mind that Illinois's implied consent law presumes that all drivers are deemed to have given consent to chemical testing of breath, blood, urine, and/or another bodily substance if there is probable cause to believe the person is under the influence. Anyone who fails or refuses to submit to this chemical testing will be subjected to an administrative statutory summary suspension of their license. The suspension period will depend on whether the defendant has any prior failures or refusals:
- 1st offense – 6 months for a failed test; 1 year for a test refusal
- 2nd offense – 1 year for a failed test; 3 years for a test refusal
- 3rd offense – 1 year for a failed test; 3 years for a test refusal
Note that a driver fails a chemical test if the test shows:
- a BAC of .08% or more;
- 5 nanograms or more of THC per milliliter of blood or 10 nanograms or more per milliliter of another bodily substance; or
- any amount of a controlled substance in the person's blood, urine, or other bodily substance.
Your future driving privileges and criminal record hang in the balance of a DUI charge. As a result, it is imperative that you work with a strategic DUI defense lawyer to plan your next steps in the legal process. In DUI cases, time is of the essence; the sooner you contact an attorney after the incident, the faster you can resolve your case, as we can take a closer look at the most recently available evidence.
What Constitutes DUI in Illinois?
It is illegal to drive or be in “actual physical control” of a motor vehicle while:
- possessing a blood alcohol concentration (BAC) of at least .08%;
- under the influence of alcohol;
- under the influence of alcohol, intoxicating compounds, drugs, or a combination to an extent that renders the person incapable of driving safely;
- with any amount of a controlled substance in the driver’s blood, urine, or other bodily substance; or
- with a tetrahydrocannabinol (THC) concentration of 5 or more nanograms in the blood or 10 or more nanograms in another bodily substance within 2 hours of driving or being in actual physical control of a vehicle.
Penalties Upon Conviction
An offender will face certain criminal penalties depending on the severity of the case and the defendant’s criminal history. More specifically, a defendant will incur the following penalties based on prior convictions:
- 1st offense – up to 364 days in jail; up to $2,500 in fines; 1-year license revocation
- 2nd offense – 5-364 days in jail; up to $2,500 in fines; 5-year license revocation
- 3rd offense – 10 days to 7 years in jail; up to $25,000 in fines; 10-year license revocation
Note that the penalties may increase under the following circumstances:
- the defendant's BAC was .16% or more;
- there was a passenger under the age of 16 in the vehicle; or
- the defendant has prior DUI convictions.
DUI offenders must also complete an alcohol/drug evaluation. If the evaluation indicates a substance abuse problem, the offender must subsequently complete a recommended treatment program. Some offenders may also be required to attend a victim impact panel. Be aware that the defendant is usually responsible for all the fees associated with the evaluation, treatment, and VIP.
Additionally, for second and subsequent convictions, the defendant will be required to hold a restricted driving permit (RDP) for 5 continuous years as a condition of obtaining full driving privileges after their license suspension. An RDP provides only limited driving privileges, such as commuting for work, school, medical appointments, and alcohol/drug treatment. An ignition interlock device (IID) must also be installed in the defendant's vehicle for 5 years, and the defendant must pay $30 for each month they use the IID.