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.

Few substances have been as controversial as cannabis. Public opinion about marijuana flower and THC products has shifted in recent years and many states have legalized the drug for medical or recreational use. Marijuana has been legal in Illinois since 2020. However, there are still important limitations regarding possession, consumption, sale, and cultivation of marijuana. Violating one of Illinois’ marijuana laws can lead to criminal penalties, including jail time.

Illinois Cannabis Laws in 2022

Many people make the mistake of assuming that because marijuana was legalized, that any and all use of the substance is permitted. However, Illinois law only allows certain people to use marijuana and only under certain conditions. Similarly to alcohol use, marijuana use is only allowed for adults aged 21 or older. Illinois residents may possess up to 30 grams, or approximately an ounce, of marijuana flower, up to 5 grams of marijuana concentrate, or up to 500 mg of THC in an “edible” or other marijuana product.

You cannot use cannabis around children, on private property if the property owner does not approve, in public parks or beaches, or in a motor vehicle. It is also against the law for individuals to sell marijuana. Only licensed marijuana dispensaries can sell marijuana. It is also expressly against the law to drive a vehicle while under the influence of marijuana.

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.

The legal drinking age is 21 in all 50 U.S. states. However, this does not mean that every person waits until they are 21 years old to drink alcohol. Teens and young adults may experiment with alcohol before it is legal. In some cases, the decision to drink leads to significant consequences, including criminal charges.

Possession of Alcohol by a Minor

Many young people find ways to access alcohol even though they are not old enough to buy it legally. They may get an older sibling or friend to purchase the alcohol for them or use a fake ID to buy alcohol from the store. Underage possession of alcohol is a Class A misdemeanor. If convicted, the offender faces driver's license suspension for a minimum of six years, fines, and even jail time.

Illinois Zero Tolerance Policy

The legal blood alcohol content (BAC) limit in Illinois is 0.08 percent. However, Illinois has a zero-tolerance policy for underage drinking. Individuals under the age of 21 are not allowed to drive with any amount of alcohol in their system. Having even just a single drink and then driving can lead to repercussions under Illinois's zero-tolerance laws.

Sex crimes are considered by most people to be some of the most egregious crimes a person can commit. This makes being falsely accused of a sex crime even more devastating to the accused person. If you were charged with sexual assault, you may be facing severe criminal and personal consequences.

In Illinois, sexual assault is a Class 1 felony offense punishable by up to 15 years in prison. If certain aggravating factors are present, such as the possession of a firearm during the alleged attack, the offense is elevated to a Class X felony. Aggravated sexual assault is punishable by a maximum of 30 years behind bars.

Fortunately, criminal defendants have certain rights afforded to them by state and federal law. The first step in defending yourself against false allegations is to understand and invoke these rights.