Historically, basic matters of public safety on non-federal highways have been handled by the states. Beginning in the early 1980’s, Congress started intruding on this traditional area of state law with reference to Illinois DUI laws (Driving Under the Influence). Rather than use persuasion, Congress employed a hammer, namely, money.…
If you are charged with Driving Under the Influence (DUI) in Illinois, and it is your first offense, you may be tempted to accept whatever offer the prosecutor makes to you. This may not be a wise choice once you understand the consequences of an Illinois DUI. You are headed…
What happens if you find yourself in a situation similar to that of Kansas City Chiefs cornerback Donald Washington ? At a time he was a resident of another state, Washington was arrested for an Illinois DUI (Driving Under the Influence) charge. In addition to DUI charges, Washington was arrested…
For an Illinois DUI (Driving Under the Influence) arrest to be legal, the police must first have a valid reason to come into contact with you. Under the “reasonable suspicion” standard of Terry v. Ohio, 392 US 1, 20 L.Ed. 2d 889 (1968), a police officer may stop a person…
For many, the most troublesome part of an arrest for Driving Under the Influence (DUI) in Illinois is the loss of your driver’s license. A single DUI conviction results in a driver’s license revocation. 625 ILCS 5/6-205(a)(2) This includes out-of-state convictions. 625 ILCS 5/6-206(a)(6) A revocation causes the termination of…
Just about any police officer that receives training in Driving Under the Influence (DUI) investigations has been instructed in the use of the standardized field sobriety tests (SFST). Many are familiar with the concept of SFST from Hollywood productions, usually in the comedy genre. The video, while humorous, does illustrate…
There are criminal and administrative sanctions in Illinois for alcohol-related arrests. Criminal consequences of an Illinois DUI refer to jail, fines, probation, Victim Impact panel, alcohol assessment and classes and community service. Administrative sanctions involve your driver’s license, which can be suspended or revoked, or both, as a result of…
In the state of Illinois, the offense of Driving Under the Influence (DUI) is a crime. Assuming this is a first offense and there are no aggravating factors, a conviction for DUI is a Class-A misdemeanor. 625 ILCS 5/11-501(c)(1) The maximum criminal punishment is a fine of up to $2,500…
Most are aware that it is illegal to operate a motor vehicle in the state of Illinois while under the influence. If you are convicted of Driving Under the Influence (DUI), your driver’s license will be revoked. 625 ILCS 5/6-205(a)(2) A revocation is a termination of your present driver’s license…
The Illinois Driver’s Licensing law provides a number of behaviors that will result in a revocation of your driver’s license, in accordance with 625 ILCS 5/6-205. The revocations under this law are known as mandatory, which means that if it is proven that you engaged in the prohibited conduct, the…