WHERE DO I GET MY ALCOHOL EVALUATION COMPLETED AFTER A DUI?

As you may recall from a previous post, if you are convicted with a DUI in Illinois, you are required to have an alcohol evaluation completed to determine your risk level of committing this crime again.  In some counties in Illinois, they require you to complete the alcohol evaluation program at the circuit courthouse or through a program affiliated with the court.  In some counties, there are several locations and companies that will offer the evaluations to individuals.  In order to determine how to complete the evaluation, it is best to ask your lawyer or contact the courthouse if you are unrepresented. 

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WHAT HAPPENS IF I DO NOT COMPLETE MY DUI CLASSES BFORE THE FINAL COURT DATE?

In Illinois, if  you please guilty to a DUI in order to receive a lesser sentence, you will likely have to complete alcohol classes, and pay fines and court costs prior to the discharge of your case.  The court will usually give you around 12 months to complete the classes and pay the required fines in order to comply with the plea agreement.  However, our law firm many times receives a call from the client just before the next court date stating that they could not complete the classes for whatever reason.  Typically, if you have completed some or a majority of the classes, the judge can grant you a continue, which is usually 60-90 days so you can finish the court requirements.  It is important to show the court you are attempting to complete the classes and evaluation in order to be granted an extension.  Otherwise, the court can reject the agreed upon plea deal and the state's attorney can seek stiffer penalties.

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WHAT IF I HAVE A CONDITION THAT MAKES ME PRONE TO DUI'S?

Many times clients who have been arrested for a DUI have a condition that makes them more likely to drink, or more likely to have adverse consequences when they drink, making them more prone to receiving a DUI.  Although these conditions are generally not defenses, they instead can be utilized in court as mitigating factors.  This means these conditions will not allow the offender to have the DUI charge dismissed, but may result in lower penalties because of these factors that can be admitted in court.

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CAN I STILL GET A DUI IF MY BAC IS UNDER THE STATE LIMIT?

The short answer is yes.  In Illinois, the blood-alcohol limit is .08 for most of the population.  This means that if you are operating or in physical control of a vehicle while your blood-alcohol level is above .08, it is presumed that you are legally intoxicated and the state can file DUI charges against you.  If your level is under .08, it does not mean that you cannot receive a DUI.  Instead, there is no presumption of intoxication against you and the state will have to prove you were legally intoxicated using factors other than your blood-alcohol level.  It becomes a much more difficult task for the state when a driver's limit is under .08, and many drivers in this situation can have their charges dismissed or will be acquitted if they contest these charges.  However, there is no guarantee that if your BAC is below .08 that you will not receive a DUI.  If you have been charged with a DUI or have further questions, contact one of our DUI attorneys.

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DOES THE IGNITION HAVE TO BE TURNED ON TO GET A DUI?

In Illinois, you can receive a DUI citation even if the engine or ignition are not turned on in your vehicle.  Illinois statute states that an individual can receive a DUI if they are "driving or in actual physical control of the vehicle."  This means that even if the individual is sitting in the driver's seat without the vehicle running, he/she is still in physical control of the vehicle and could receive a DUI if they violate the other aspects of the statute.

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ILLINOIS TO LOWER BLOOD ALCOHOL LIMIT FOR DUI'S?

In May, the National Transportation and Safety Board recommended that states lower their blood alcohol limit to .05  in order to reduce fatal crashes.  However, that does not guarantee that every state, or specifically Illinois, will do so.  The proposed legislation in Illinois has received mixed review from politicans and legislators throughout the state, and most other states have perceived it the same way.  Currently in Illinois, driver's a blood alcohol level of over .08 can be arrested witha DUI.  Additionally, driver's with a blood alcohol level of .05 -.079 can still be charged with a DUI, although the blood alcohol level itself is not sufficient proof that the driver was intoxicated.  It will be interesting to see how this legislation will proceed, not only in Illinois, but in other states as well.

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TO WHAT EVIDENCE AM I ENTITLED IN ORDER TO CONTEST A DUI?

If you have been charged with a DUI in Illinois, you are entitled to discovery, which is any evidence the state's attorney intends to use against you.  This can include police reports completed by the officers, videos or audio recordings of any field tests or conversations, and other written reports or documents made at the time or subsequent to the arrest.  Upon request, these documents must be turned over by the state's attorney so the defense can review them in adquate time before any trial.  A refusal to do so by the state's attorney will prevent them from using that evidence at trial and could even cause worse damages to their case.

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IS MY LICENSE SUSPNDED IMMEDIATELY IF I GET A DUI?

In Illinois, your license is suspended on the 46th day after you are arrested for a DUI assuming that your case is not dismissed or completed by that date.  If you are a first time offender according to the DUI statute, you will be eligible for restrictive driving privileges through the BAIID program.  If you are eligible for the BAIID program, your necessary paperwork will be mailed to you by the Secretary of State to enroll in the program and obtain your device.  This is no longer handled through the court system.  Otherwise, please stay aware of when that 46th day will arrive or you could be pulled over for driving without a valid license as well.

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WHEN WILL A DUI COME OF MY DRIVING RECORD?

Generally, a DUI will never be removed or expunged from your driving abstract.  Whether you received a DUI 20 years ago or last month, if you receive a second one, you will be treated as a second offender.  However, that may not be true for all aspects of a DUI.  For example, if you receive a DUI, but have not received another one in the previous five years, you will be considered a first time offender for the purposes of a Montioring Device Driving Permit (MDDP), allowing you to retain your driving privileges, if you so choose, by having a breathalyzer device installed in your vehicle until the outcome of your case.  If you have been arrested for multiple DUIs, contact our attorneys for a free consultation.

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HOW DO I OBTAIN A BAIID DEVICE?

In order to qualify for a BAIID device (Breath Alcohol Ignition Interlock Device), you need to be a first-time DUI offender in Illinois, meaning you cannot have another DUI within the last 5 years, and it cannot be an aggrevated DUI.  If these conditions are met, you will receive a packet of information from the Illinois Secretary of State instructing you on how to obtain a BAIID device and the location the nearest installation centers.  This issue is no longer handled through the courts, but instead, is done completely through the mail.  Generally, you will have to pay an installation charge of around $350 and a monthly maintenance charge of $25-50.

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THE THREE DRUNK DRIVING LIMITS IN ILLINOIS

Most residents of Illinois are aware that the legal limit for drivers over the age of 21 is a blood-alcohol level of .08.  However, most people are less aware of the two other legal limits.  First of all, for anyone under the age of 21, Illinois enforces a strict zero-tolerance rule.  This means that if a driver is under 21 years of age and has even a trace of alcohol in their system, they can be arrested for a DUI.  This is also the legal limit for anyone operating a school bus with children on board.  Also, those individuals holding a commercial driver's license are held to a higher standard and cannot operate a motor vehicle with a blood-alcohol level over .04.  Finally, there is also one last caveat.  Even if an adult is under the legal limit of .08, they can still be arrested and charged with a DUI if the officer can prove that the driver was driving impaired by alcohol or drugs.

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HOW DOES THE INTERLOCK IGNITION DEVICE WORK?

If you are required by the court to have an interlock ignition (BAIID) device installed in your car, you should be familiar with how it operates.  Once the device is installed, the driver must exhale into the device in order to start the engine.  If the breath indicates a blood-alcohol level (BAL) below .025, the car will start with no problem.  However, if the BAL is over .025, the engine will "lock" preventing you from starting the car, and a notification will be sent to authorities alerting them that you tried to start your car after consuming alcohol.

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ARE "ROADIES" ILLEGAL?

We are often asked by clients if "roadies" are illegal, and if so, who could be convicted?  Roadies are beers or alcoholic beverages that are drank in the vehicle on the way to an event or party.  The easy answer is yes, roadies are illegal, and the driver is the one who will get in trouble.  In Illinois, it is illegal to carry an open bottle of alcohol, even if it is wine or hard alcohol that has been re-corked.  The penalty includes a $750 fine and could also include a DUI conviction.

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