Things can get more serious if you find yourself facing a second DUI charge. It is important to have a dedicated Illinois attorney fighting for your rights to prevent a conviction and the suspension of your driver's license. Remember, repeat DUI offenses in Illinois mean tougher penalties, so it is vital to stay away from the wheel if you have been drinking or using substances that interfere with your driving skills.

Can I Dodge the Consequences of a DUI?

Under Illinois law, a person with a blood alcohol concentration of .08 percent or more cannot legally drive. However, mistakes are sometimes made during a field sobriety test. These tests are conducted by a police officer, and human error is always possible. On top of that, if they do not follow the right steps, they could leave the door open for mistakes. A skilled attorney will make sure to conduct a deep investigation into your case to ensure that your rights are protected.

Will My Driver’s License be suspended for a Second DUI?

If you find yourself facing DUI charges and take no action, your driver's license will be suspended within 45 days of your arrest. However, if this is your second DUI arrest, your license will be automatically suspended for a minimum of one year.

A DUI refers to the formal charge brought against an individual for driving under the influence of alcohol or drugs. In the state of Illinois, a first-time DUI is considered a misdemeanor and can lead to many weighty consequences. Many people assume that a first-time DUI conviction will result in fairly lenient penalties. While it is true that the more DUIs you have, the harsher the consequences, the penalties for a first-time DUI are still quite serious.

Possible Repercussions for a First-Time DUI

Criminal penalties for a first-time DUI conviction can differ depending on the factors that revolve around your drunk driving case. With the help of a DUI criminal defense attorney, there is the possibility that they can get your charges reduced or even dismissed. However, that is never a guarantee.

Here are some possible consequences for first-time offenders: 

Most people are familiar with the handheld alcohol breath tests used by police officers to check for drunk driving. However, many people do not fully understand how, when, and why these devices may be used. Whether you or a loved one are facing charges for driving under the influence (DUI), or you simply want to be well-informed of your rights, understanding breathalyzers is crucial.

Portable Breath Tests Are Not the Same as Evidentiary Breath Tests

Illinois police officers carry portable breath testing devices in their patrol vehicles. These are called “preliminary tests” because they occur before an individual is charged with DUI. The purpose of a preliminary breath alcohol test is to provide justification for a drunk driving arrest. A police officer may ask a driver to breathe into the machine if the driver is slurring his or her words or smells like alcohol. The preliminary test will show a result. If the result is 0.08 percent blood alcohol concentration or greater, the driver is arrested for drunk driving.

Once someone is arrested, they are taken to the police station and asked to breathe into a second breath testing device. This evidentiary test is larger and more accurate than the preliminary tests officers carry around with them. Only the results of the evidentiary breath test may be used as evidence during a DUI trial. The preliminary test results are not admissible.

Drunk driving charges are some of the most common criminal offenses for which people are arrested in Illinois. Usually, driving under the influence (DUI) is a misdemeanor offense in Illinois. People charged with a first or second DUI are often able to avoid jail. They still face driver’s license revocation, steep fines, and other penalties if convicted, but they may be able to regain driving privileges through a special permit. The consequences of a misdemeanor DUI are nothing to scoff at. However, felony DUI charges are much worse.

Felony DUI offenders often face significant jail time and other harsh consequences. Regaining driving privileges and restoring normalcy in your life after a felony DUI can be extremely difficult. If you or a loved one are facing felony DUI charges, make sure to work with a skilled DUI defense attorney.  

Felony Drunk Driving Charges in Illinois

DUI is a Class A misdemeanor in many cases. However, certain aggravating circumstances greatly increase the impact of a DUI charge.

Driving under the influence of alcohol (DUI) is penalized by criminal and administrative consequences in Illinois. If you are convicted of DUI, your driver’s license will be revoked and you will not be allowed to drive for the duration of the revocation period. You will also face steep fines and, in some cases, even imprisonment.

However, individuals accused of drunk driving have Constitutional rights, including the right to defend themselves against the charges. One potential defense strategy is to question the validity of blood alcohol test results.

Blood Testing to Determine Blood Alcohol Content

In Illinois, blood testing is frequently used to assess a driver’s intoxication level. Blood testing is not infallible, however. Many different issues can cause blood test results to be inaccurate.