Drunk drivers can face serious penalties
The holidays are a time of partying and celebration and perhaps, not surprisingly, a time when drunk driving dramatically increases. Motorists often fail to realize that just one drink can impair their driving ability and lead to a serious accident.
In Illinois, those charged with a DUI offense, or "driving under the influence," face serious penalties if proven guilty. They can lose their driver's license for up to one year, be imprisoned for up to 12 months, be required to perform 100 hours of community service, pay a fine of up to $2,500, or any combination thereof.
Furthermore, those convicted of drunk driving may lose work time, have their vehicle impounded and be required to carry high-risk auto insurance for 36 months. The penalties are more severe for second and third convictions. A fourth conviction will result in the driver's license being permanently revoked. If an impaired driver is involved in an auto accident that results in serious bodily harm or one or more deaths, the case is heard in criminal court and the penalties are even more severe.
If stopped by the police for a probable DUI, a driver must submit to and pass a blood alcohol test or receive a law enforcement sworn report, notifying him or her of a Statutory Summary Suspension, which automatically suspends the person's driver's license on the 46th day from the notice date of the suspension. A driver may request a judicial hearing to challenge the suspension within 90 days after the first notice date. Such a hearing must be conducted within 30 days of the request or on the first scheduled court date.
The sentence which the court ultimately imposes is affected by a number of factors, including what transpired leading up to the DUI charge, policies of the local court, and weaknesses in the case uncovered by a person's defense attorney. The punishments take into consideration whether the person charged had a prior DUI conviction, if the driver was speeding, whether there was a child under age 14 in the car, and other matters. Driving privileges are restored at the end of the suspension period unless the court determines otherwise.
Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations.
© Illinois State Bar Association
If you have questions about the application of the law in a particular case, consult your lawyer. The law is constantly changing. Information on this site or any site to which we link does not constitute legal advice.