Driving under the influence (DUI) of drugs or alcohol is a serious offense in Illinois. Regardless if it is a first DUI or a repeat or aggravated DUI charge, the consequences are significant if convicted. Penalties can include jail time, steep fines, and/or suspended license. Upon conviction of DUI, the guilty party will have a mandatory revocation of his or her driver’s license. If a person’s license is revoked, it can impact his or her life significantly, especially if he or she does not have an alternate mode of transportation to get to and from work. This penalty is not permanent; however, as it is possible for an offender to have his or her driver’s license reinstated after a period of time and after certain conditions are met.    

What Is an Administrative Hearing?

A conviction of DUI will result in an administrative revocation of the offender’s driving privileges, effective immediately by the Illinois Secretary Of State (SOS). The driver may contest the revocation through an administrative hearing by filing a motion in court. The content of the hearing will include the following:

• Whether or not the person was actually arrested for DUI;
• Whether the arresting officer had reasonable cause to believe the arrestee was operating a motor vehicle while intoxicated;
• Whether the person refused to submit to chemical testing after being read his or her rights; or if the test showed a blood alcohol content (BAC) of 0.08 or higher;
• Whether the person was warned by the officer that his or her license would be suspended or revoked due to refusal to submit to testing; and
• If the driver’s license was revoked, whether or not the person was involved in a car accident that resulted in the death or personal injury of another person.

What Is a Restricted Driving Permit?

In some cases, a restricted driving permit could be issued depending on the offense and if the person can show a hardship. Hardships can include needing to go to work to support his or her family or go to doctor appointments or alcohol abuse treatment centers on a regular basis. However, the revocation cannot be reduced or modified, and a person convicted of DUI may have to complete additional requirements to receive a restricted driving permit, such as attending a drug/alcohol abuse program. 

Every year in Illinois, hundreds of people die as a result of drinking and/or drugged driving. Hundreds more are seriously injured or permanently disabled. Driving under the influence (DUI) of drugs or alcohol is illegal in the state of Illinois, and the penalties for it are steep. Drivers under the age of 21 only make up 10 percent of licensed drivers, but they are involved in 17 percent of alcohol-related fatal crashes.

Even though the legal drinking age is 21 in Illinois, many people drink before their 21st birthday. Some people may think this is harmless, but when a teenager chooses to operate a vehicle while intoxicated, it can result in devastating injuries or even death, not only for him or her, but for other drivers on the road as well. Consequently, someone stopped for a suspected DUI who is also under 21 can face severe legal penalties that can have lasting effects.   

DUI Penalties for Drivers Under 21

Illinois law prohibits a person under age 21 from purchasing, accepting, possessing or consuming alcoholic beverages. Any person under 21 years of age with any trace of alcohol in his or her system will automatically lose his or her driving privileges based on the “zero tolerance” policy. The Zero Tolerance Law for Illinois also applies to drivers who are under 21 years old. Apart from the revocation of their driving privileges, penalties can include imprisonment or steep fines. The consequences of drinking and driving can also impact other areas of someone’s life, such as increased insurance rates, court-ordered alcohol treatment programs, and a negative driving record.

With around 27,000 driving while intoxicated arrests in Illinois each year, some involve aggravated DUI, which is charged as felony DUI. These offenses include those that result in endangerment, injury, or death to another driver, passenger, or pedestrian. Punishments for a conviction can include incarceration that cannot be reduced or suspended. Individuals who are offered probation can receive a minimum of 480 hours of community service or 10 days in jail.

If you were arrested for aggravated DUI, it is imperative you secure skilled legal representation from an experienced criminal defense attorney as soon as possible.

Illinois law enforcement officers arrest approximately 27,000 people each year for driving under the influence of alcohol or drugs. Of those arrested, around 86 percent are first-time DUI offenders, and 91 percent lose their driving privileges in some capacity.

With the help of a skilled DUI lawyer, you may have your case dismissed if police did not read you your Miranda rights or failed to properly administer standardized field sobriety testing, or if your blood-alcohol concentration was incorrectly measured by a malfunctioning breathalyzer. If none of these occurred, your attorney can still help minimize the impact of the arrest on your everyday life. While police and the courts vigorously enforce Illinois DUI laws, there are allowances for those with no prior DUI arrests or convictions.

Monitoring Device Driving Permit (MDDP) 

A first-time offender who is not charged with aggravated DUI can apply for an MDDP from the Illinois Secretary of State’s office. This allows unrestricted driving privileges during your six-month license suspension through the installation of a breath alcohol ignition interlock device (BAIID). This device only allows a vehicle’s ignition to start after the driver successfully completes a breathalyzer that also captures an image of the driver and records it in the Secretary of State’s online system. The driver must also pass periodic tests while the vehicle is in operation.

With around 27,000 annual arrests for driving under the influence in Illinois, drunk driving is harshly enforced and prosecuted. Still, the court system recognizes that even citizens with flawless driving records make mistakes and that stripping an individual of their driver’s license can make life extremely difficult, especially when it affects a person’s ability to get to work every day.

Some DUI offenders are eligible to keep their driving privileges with the installation and use of a breath alcohol ignition interlock device (BAIID) in their vehicle. Around 10,000 Illinoisans currently utilize this system in order to complete necessary daily tasks.

What Is a BAIID?

A BAIID only allows a vehicle to start after the driver passes a breathalyzer test. The driver must also pass periodic tests while the vehicle is in use. A camera also captures an image of the driver as they take the breath test. All results are sent to the Illinois Secretary of State’s office, which performs audits of the information and revokes BAIID use if there is evidence of DUI or tampering with the device.