DUI 625 ILCS 5/11-501

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DUI Laws in Illinois: A Layman’s Guide

Driving under the influence (DUI) laws in Illinois can be pretty confusing for the average person. There’s a lot of legal jargon and sections in the law that make it hard to understand. But in this article, I’ll try to break it down in simple terms so you can get a handle on what’s legal and what’s not when it comes to drinking and driving in the Land of Lincoln.

The Basics of DUI Law

The main DUI law in Illinois is 625 ILCS 5/11-501. This sets out all the rules about driving with alcohol or drugs in your system. Here are some of the key points:

It’s illegal to drive with a blood alcohol content (BAC) of 0.08% or higher. This is the same as most other states. For some drivers, like school bus drivers, the limit is even lower at 0.04%.
You can be charged with DUI even if your BAC is below 0.08% if the officer thinks your driving was impaired. This is known as “driving while impaired” or DWI.
Not only alcohol but also recreational drugs and even some prescription meds can get you a DUI if they affected your driving. The main thing is impairment, not necessarily how much of the substance is in your system.
Refusing to take a chemical test for BAC (breath, blood, or urine) will result in automatic suspension of your license for at least 6 months. This is known as “implied consent” – by driving in Illinois, you consent to be tested if an officer suspects DUI.

So the big takeaway is that any amount of alcohol or drugs that impairs your driving – even if under the legal limit – can get you arrested for DUI in Illinois. The 0.08% BAC rule isn’t a free pass if you’re clearly impaired.

Penalties for DUI

A first-time DUI offense in Illinois is a Class A misdemeanor. The penalties include:

Up to 1 year in jail
Fines up to $2,500
Mandatory completion of DUI school
Possible community service
License suspension for at least 1 year

For repeat offenses or aggravating factors like very high BAC, the penalties go up. A second DUI can be charged as a felony with prison time.

In addition to criminal penalties, a DUI conviction brings administrative penalties from the Secretary of State’s office. These include license suspension, ignition interlock device requirement, and SR-22 insurance.

So you can see even one DUI can seriously mess up your life for awhile. Multiple offenses make it exponentially worse. It’s really not worth the risk.

Common Defenses Against DUI Charges

There are a few main ways to challenge DUI charges in Illinois:

Question field sobriety tests – These tests like walk-and-turn and one-leg stand are subjective. A skilled DUI lawyer can argue the results are invalid or improperly administered.
Challenge chemical test results – The accuracy of breathalyzers and blood tests can be questioned based on maintenance, calibration, and other factors.
Argue for rising BAC – Your BAC at the police station may have been higher than when you were driving earlier due to absorption rates.
Claim illegal traffic stop – If the initial reason for stopping your car was unjustified, evidence from the invalid stop may be excluded.
Allege improper arrest – Similarly, if the officer didn’t follow protocol in making the DUI arrest that could make the case dismissible.

The odds are stacked against DUI defendants, but an experienced attorney knows how to effectively challenge the charges. Don’t go it alone.

What NOT To Do If Pulled Over

While each case is different, here are some general tips on what NOT to do if you get pulled over and the officer suspects you’re intoxicated:

Refuse the field sobriety or chemical tests – you’ll face automatic license suspension and hurt your case.
Lie about drinking or where you’re coming from – the officer will see through it.
Make excuses or try to talk your way out of it – that never goes well.
Admit guilt or apologize for drunk driving – anything you say can be used against you.
Get angry, aggressive, or violent with the officer – you’ll just dig yourself a deeper hole.
Try to flee the scene – that’s a felony offense on top of the DUI.

The best move is to politely decline to answer any substantive questions and ask for your lawyer. The deck is stacked against you, so don’t make it worse.

Should I Refuse the Breathalyzer?

Many drivers wonder if they should refuse the roadside breath test during a traffic stop. There are pros and cons to consider:

Pros of refusing:

Results can’t be used against you in court.
Gives your lawyer more options to fight the charges.
Forced suspension may be shorter than DUI suspension.

Cons of refusing:

Automatic driver’s license suspension for 6-12 months.
Makes you look guilty in the eyes of the law.
Officer can still get warrant for blood draw.

There’s no easy answer. It depends on your specific circumstances. An experienced DUI attorney can advise you on the best approach.

When Can You Refuse Field Sobriety Tests?

Unlike the breathalyzer, you have the legal right to refuse field sobriety tests like the walk-and-turn and one-leg stand. However, officers will likely note your refusal as implicit admission of intoxication. So while you can refuse the tests, it may not help your case in the long run.

An attorney can help you make the tough call between refusing the tests or taking them and trying to pass. Again, there’s no one-size-fits-all answer – it depends on the specifics of your case.

Am I Allowed to Drive to My DUI Hearing?

Many people wonder if they can drive themselves to court for a DUI hearing. The answer is yes, you are legally allowed to drive to DUI court proceedings, as long as:

Your license hasn’t already been suspended due to DUI.
You have a valid temporary permit or monitoring device.
You only drive directly to and from court.
You follow any route restrictions on the temporary license.

However, it’s generally not a good idea to drive yourself. The optics don’t look great showing up to court for drunk driving charges in your own car. And any minor traffic slip could lead to additional charges. You’re better off getting a ride from someone else.

Can I Get a Restricted License After a DUI?

It is possible to get a monitoring device driving permit (MDDP) or restricted driving permit (RDP) after a DUI suspension in Illinois. This allows limited driving privileges for necessities like work, school, and medical care.

To get an MDDP or RDP you generally need:

Completion of mandatory DUI classes and treatment
SR-22 insurance coverage
Payment of reinstatement fees
Breath alcohol ignition interlock device (BAIID) installed on your vehicle
Proof of hardship needing driving privileges

Talk to your DUI lawyer about whether you’re eligible and how to get a restricted license. It’s a complicated process with lots of requirements, so legal guidance is a must. Don’t try going it alone.

Can I Expunge a DUI Conviction in Illinois?

Unfortunately, Illinois does not allow DUI convictions to be expunged or cleared from your criminal record. The only option is to seek a pardon from the governor, which is very rare.

So if you’re convicted of DUI in Illinois, it will remain permanently on your record. There is no way to remove it through expungement like you can with some other crimes. This is one major reason to fight the charges aggressively from the start. A DUI conviction has lifelong consequences.

Conclusion

I hope this overview has helped demystify Illinois DUI law a bit. The key points to remember are:

Impairment, not necessarily BAC level, is what matters.
Penalties start severe for first offenses and get worse.
Fight the charges and don’t incriminate yourself.
Get an experienced DUI lawyer!

DUI charges are scary and have life-changing implications. Don’t go through it alone. With an attorney’s help, you may be able to get the charges reduced or even dismissed. Don’t leave your fate up to chance.