Illinois Dui Laws, Statute Of Limitation On Dui

Many people die in Illinois each year due to drinking and driving. To reduce this, the state has taken efforts to prevent individuals from drinking and driving by following strict rules and penalties. Illinois drunk driving laws are severe and the court may impose penalties, which include fines, imprisonment and suspension of driver’s license.

DUI Provisions

According to DUI laws in Illinois, if you are suspected of DUI, you must accept the chemical test to find your blood alcohol level. This test may include blood test, breathe and urine test. You will get penalty, if you do not accept the requirements of the test. Your license could be suspended for 6 months to 1 year.

    • First Offense

The legal blood alcohol limit is .08 in Illinois. Illinois DUI Laws First offense penalties may be up to one year jail term, up to $2500 and license revocation for maximum one year.

      • Under 21

If you are under 21 and BAC level of yours is .01, you will be found as a DUI convict. Illinois DUI laws under 21 are more rigid. You may be imprisoned for up to one year.

        • Repeated Offense

If you are already convicted in DUI and you are caught with a BAC level of .20, you will be imprisoned and will lose your driving privileges.

DUI Conviction

If you are charged for DUI, consequences will be harsh in Illinois. You have to contact a best DUI lawyer to help you. If you cannot afford an attorney, you may request the judge to appoint one for you. Your charge will be assessed in the court and the verdict depends on many factors. The most important thing among them is whether you have already committed any DUI charges or not.

If you had committed a DUI out of Illinois, it will also be considered. Some other factors which will be taken care are, whether you were cooperated with the officers to take the BAL test, whether you had the valid license for driving at the moment of your arrest, whether any person get hurt in the accident etc. If you are arrested for DUI when your driver’s license is suspended for the prior DUI, your penalties will be extremely harsh.

Aggravated DUI

An aggravated DUI will take place when the alcohol impaired driver causes an accident which creates major body injuries to the victim.

According to the Illinois DUI laws, an aggravated DUI is a Class 4 felony.

It may be either your first or second or third DUI offense. If a child gets affected, Il DUI laws will consider as an aggravated crime.

If you are convicted in an aggravated DUI, you will be imprisoned for at least 10 days to 12 years maximum. Moreover, you need to do commercial service for 480 hours. And, you could not drive any vehicle for one year and will have to pay fine up to $25,000.

Other Provisions

Giving alcohol to any person under the age of 21 is unlawful in Illinois. If you break this rule, you may face a fine up to $2500 and 1 year of imprisonment. It is prohibited to open a drink which contains alcohol in the passenger area of the vehicle. If you violate this law in Illinois, you may have to pay a fine up to $1000. Additionally, this will be entered in your driving record. This law will not prevent to take the unopened alcoholic beverages with you while traveling. If you are charged for taking the alcoholic containers with you for the second time, your driver’s license will be suspended. If you know that a person has drunken and allow him to drive the vehicle, you may need to pay a fine up to $2500 and one year of incarceration.

Statute of Limitations

For a crime, the Statute of limitations states a specific time period. Within that the government must file the crime against the convict. If the time exceeds, the charges on the convict will be dismissed. The legal action for the DUI should be taken within 3 years of the felony. This comes under the section 720 ILCS 5/3—5(b) of Illinois Statutes.