Illinois DUI Lawyer Blawg

Illinois law makes Driving Under the Influence (DUI) illegal. 625 ILCS 5/11-500 (a) lists six different types of DUI with which you can be charged.

The most common are DUI-1 and 2. DUI-2 is driving under the influence of alcohol.

You can also be charged with DUI-3, (under the influence of any intoxicating compound or compounds, generally this refers to “huffing”), DUI-4 (under the influence of any other drug, including prescription medications, if they impair your driving, even if taken in prescribed doses) or DUI-5 (under the combined influence of alcohol, intoxicating compounds or any other drugs).

In essence, these laws make it illegal to drive after putting something in your body that impairs your driving ability. DUI-1 and DUI-6 are different than the others.

DUI-1 requires the state to prove nothing more than that you were in “actual physical control” of a motor vehicle at a time that your blood alcohol content was .08 or greater. No proof of actual impairment is needed. It is illegal to drive in Illinois with this blood alcohol level. Period. People v. Ziltz, 98 Ill. 2d 38, 74 Ill. Dec. 40, 455 N.E.2d 70 (1983)

DUI-6 only requires the police to prove that there was any amount of a prohibited substance (think marijuana, any other street drug, meth, designer drugs) in your “blood, breath or urine” regardless of the lack of any evidence of impairment. The Illinois Supreme Court has found this to be in compliance with the constitution, despite the fact there may be no evidence of bad driving (most of the time, these charges are brought after an accident that may not have even been your fault, or even if your fault, had nothing to do with the drugs you took days earlier that are still in your system). People v. Fate, 159 Ill. 2d 267, 201 Ill. Dec. 117, 636 N.E.2d 549 (1994); People. v. Martin, 2011 IL 109102
Because DUI is against the law, it is a crime and as such, anyone convicted of that offense is subject to various criminal penalties. However, some people who are guilty of DUI can avoid a conviction if they are granted court supervision.

A first time DUI offender is eligible for court supervision. If you have ever had supervision in your lifetime, or you if have ever been convicted of DUI or of reckless driving as a result of a plea bargain, you are no longer eligible for supervision. 730 ILCS 5/5-6-3.1(f)

Supervision is not automatic, however, even to those who are eligible for it. The final decision is up to the judge, and in determining whether to grant supervision, the judge must consider the recommendation of the prosecutor. People v. Price, 247 Ill. App. 3d 787, 187 Ill. Dec. 452, 617 N.E.2d 909 (4 Dist.), cert. denied, 153 Ill. 2d 567, 191 Ill. Dec. 626, 624 N.E.2d 814 (1993)

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If you are reading this, you likely know that Driving Under the Influence (DUI) is illegal. It can lead to criminal penalties, such as jail, probation, fines, alcohol classes, community service and MADD programs. 625 ILCS 5/11-500; 730 ILCS 5/5-4.5-55
It can result in a driver’s license suspension if the police ask you to take a breath test and you refuse, or if you take a breath test and register at least .08, the legal limit in Illinois. This suspension still stands if you receive court supervision, a reduced charge such as reckless driving and even if the DUI charge is dismissed (dropped).

A suspension, however, ends automatically when the time for it to run has ended. 625 ILCS 5/1-204. The suspension would be for as few as 6, and as many as 36, months, depending upon your overall driving record.

If you have not had a DUI in the previous 5 years, you are considered a “first offender” for the purpose of determining the length of your suspension, even if this is not your first DUI arrest. 625 ILCS 5/11-500 If you are a first offender who submits to the breath test and you register at least .08, you will be suspended for 6 months; upon a refusal, you will temporarily lose your license for 12 months. 625 ILCS 5/6-208.1
As a non first offender, you would be suspended for 12 months if you took a test and registered above the legal limit and 36 months if you refused. A non first offender cannot request any driving relief, not even a restricted driving permit (RDP) from the Illinois Secretary of State. 625 ILCS 5/6-208.1 (g)

If you are eventually convicted of the DUI charge, your driver’s license will be revoked. That means that in order to have driving privileges restored, you must have a driver’s license hearing before the Illinois Secretary of State. 625 ILCS 5/2-118 You will be revoked for 1 year if this is your first conviction, 5 years for a second conviction within 20 years of the first one and 10 years for a third conviction, regardless of the time period. 625 ILCS 5/6-208
A first offender is eligible for an MDDP while the suspension is in effect. The MDDP allows you to drive anywhere, at any time, for any reason, provided you are willing to install an interlock device (BAIID) on your vehicle. Driving without an MDDP is a felony. 625 ILCS 5/6-303(c-3)

A DUI conviction results in cancellation of the MDDP, a revocation of your driver’s license and the need for a Secretary of State hearing. This is a one -year waiting period for anyone with 2 or 3 DUI convictions before you can apply for an RDP. 625 ILCS 5/6-205(c)(6) If you receive an RDP, it will remain in effect until the revocation period ends. You will be required to renew the RDP on an annual basis.

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The son of Mike Ditka, legendary NFL tight end, coach and NBC football analyst, was arrested for DUI in Lake County (suburban Chicago) in April 2011. At the time, some commentators questioned whether the police had a basis to approach young Ditka’s vehicle in the first place.

Under the Fourth Amendment to the United States Constitution and the Illinois Constitution, you are protected from “unreasonable searches and seizures. In order to further those protections, the police must obtain a search or arrest warrant, although the courts have carved out numerous exceptions to the warrant requirement.

Therefore, not every citizen encounter with law enforcement constitutes a seizure that requires a warrant. In the realm of traffic and DUI law the most important case is Terry v. Ohio 392 US 1, 20 L.Ed. 2d 889 (1968), where the United States Supreme Court ruled that if police had a “reasonable suspicion” that someone had committed or was about to commit a crime, the police could initiate what is known as an “investigatory stop”.

On the other hand, a mere “hunch” of illegal activity is insufficient to justify a Terry stop. People v. Drewes, 278 Ill. App. 3d 768, 215 Ill. Dec. 445 (3d. Dist. 1996). Whether or not a Terry stop is reasonable requires a balancing of the public’s interest in safety and the individual’s right to personal security and freedom. People v. Smithers, 83 Ill.2d.430,434 (1980)

In the Ditka case, the evidence showed that Ditka was sitting in a black Hummer in the parking lot of his Deerfield housing complex when the officer approached him. The officer said he asked Ditka to exit the vehicle after he smelled a strong odor of alcohol, according to a police report.

The judge determined that the officer had no reason to believe that Ditka had committed a crime when the officer approached his vehicle. The fact that after approaching the vehicle, the officer determined that Ditka had a strong odor of alcohol on his breath and that he submitted to a portable breath test (PBT) is not sufficient to overcome the Constitutional violation.

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In July 2011, a DuPage County man attempted to beat a train across the tracks. Unfortunately, it was a tie and his passenger died in the ensuing crash.

The driver, Jeffery Fisher of Carol Stream Illinois, survived the crash, which occurred at about 3:00 in the morning. Several hours later, Fisher’s registered a blood alcohol level of .15.

In Illinois, anyone who is in actual physical control of a motor vehicle upon the public highways with a blood alcohol level (BAL) of .08 or higher can be charged with Driving Under the Influence, or DUI. 625 ILCS 5/11-501. When the charge is based upon an excessive BAL, the state is not required to prove that the accused was actually impaired; the mere fact of the BAL is in and of itself a crime.

Typically, after a crash, the suspect offender may be unable to submit to standardized field sobriety tests (SFTS), as these involve physical activities such as the one-legged stand and the walk-and-turn (“walking a straight line”) challenges. Other commonly used evidence of alcohol impairment, such as bloodshot eyes, an odor of alcohol, difficulty with balance and slurred or mumbled speech, may also be unavailable due to injury.

Therefore, the BAL becomes a significant factor in proving evidence of a crime. Since you generally cannot be forced to submit to a breath test, it would seem that refusing would be the best course of action.

However, the law is set up to encourage you to submit. If you have not had a DUI arrest in the last five years and you submit to a test, your driver’s license will be suspended for 6 months if you register no less than .08, in accordance with 625 ILCS 5/11-500 and 625 ILCS 5/6-208.1 A refusal results in a 12 month suspension. In addition, at trial, the state is permitted to tell the jury that you refused and to argue that this is “evidence of a guilty mind”. 625 ILCS 5/11-501.2; City of Rockford v. Elliott, 308 Ill. App. 3d 735, 721 N.E.2d 715, 242 Ill. Dec. 436 (1999)

If you have been arrested for DUI in the previous 5 years and submit to a test, your license will be suspended for one year and if you refuse, it will be suspended for 3 years. During none of these suspensions will you be allowed to apply for any type of driving privileges, including a restricted driving permit (RDP).

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A Springfield Illinois man was arrested and taken the Sangamon County jail following a crash. The driver was not injured but his passenger and the driver of an oncoming vehicle with which he collided were taken to the hospital due to injuries.

The driver was arrested for Driving Under the Influence of Alcohol (DUI), a violation of 625 ILCS 5/11-501. He was also charged with improper lane usage, contrary to 625 ILCS 5/11-709.

This appears to be his first DUI charge, which is ordinarily a Class A misdemeanor, subject to a fine of no more than $2,500.00 and or up to 364 days in the county jail. 730 ILCS 5/5-4.5-5.5 Improper lane usage is a petty offense punishable by a fine only, not to exceed $500.00. 625 ILCS 5/6-601
However, the DUI law further provides: “(d) (1) Every person convicted of committing a violation of this [DUI] Section shall be guilty of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof if:
(C) the person in committing a violation of subsection (a) [DUI] was involved in a motor vehicle accident that resulted in great bodily harm or permanent disability or disfigurement to another, when the violation was a proximate cause of the injuries”.

If convicted under this section, the person is guilty of a Class 4 felony, and if sentenced to prison, faces 1-12 years in the Department of Corrections. 625 ILCS 5/11-501(d)(2)(A) and (d)(2)(F) This is known as “aggravated DUI” because it involves commission of a DUI with an additional aggravating (negative) circumstances, in this case, serious injury.

Illinois law provides for a disposition known as court supervision. If a person is granted supervision, he pleads guilty to the offense but no judgment of conviction is entered on his record. 730 ILCS 5/5-6-1. (d); People v. Schuning, 106 Ill. 2d 41, 86 Ill. Dec. 922, 476 N.E.2d 423 (1985)

During the period of supervision, which cannot extend any longer than 2 years, the offender must comply with the conditions of supervision , which typically provide that he not violate the law, complete alcohol counseling and pay all fines. Provided that he complies with the terms of the court supervision, the judge will dismiss the case.

However, in a DUI situation, the supervision will be reported to the Secretary of State and remain on the driver’s record forever. 625 ILCS 5/6-204 DUI supervision cannot be expunged. 20 ILCS 2630/5.2.(3)(A) Finally, you may only receive supervision once in your lifetime. 730 ILCS 5/5-6-1(d)

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A driver from O’Fallon, Illinois, located in St. Clair County, was arrested for DUI. He was also charged with driving on a suspended license due to an earlier DUI charge.

In the State of Illinois, it is illegal to drive while under the influence of alcohol. The law, or as it is known in Illinois, the statute, is part of the Illinois Vehicle Code (Chapter 625 of the Illinois Revised Statutes). The entire DUI statute is 625 ILCS 5/11-501. There are six subparts to the law.

The first two deal with driving under the influence of alcohol and driving with a blood alcohol level of .08 or greater. The other four are concerned with DUI drugs, both illegal, including marijuana, and prescription medications, as well as other “intoxicants” (for instance, “huffing” paint fumes). 625 ILCS 5/11-501(a)(3)–(a)(6)

The driver was also charged with driving with a suspended license resulting from an earlier DUI arrest. There is a difference between a suspended or revoked license.

Your driver’s license is revoked from a DUI charge only if you are convicted of the DUI, which requires the state to prove you guilty beyond a reasonable doubt. People v. Shaffer, 134 Ill. App. 3d 548, 89 Ill. Dec. 709, 481 N.E.2d 61 (1 Dist. 1985) Your license will be revoked for 1, 5 or 10 years, depending upon your prior record.

Should this be your first DUI conviction, you will be revoked for one year. If this is your second conviction within 20 years, your license will be revoked for 5 years. Three convictions, no matter when they occurred, leads to a revocation of your license for 10 years. 625 ILCS 5/6-208
During the time of your revocation, you may be eligible to apply for a restricted driving permit (RDP). This relief is available 30 days after a revocation following your first DUI conviction. If it is your second or third conviction, you may not apply for the RDP for one year. 625 ILCS 5/205(c)(3).

Even with all the above, you may not be eligible for an RDP if your statutory summary suspension (SSS) is in effect. The SSS and the DUI ticket are different processes.

The SSS only applies to your driving privileges and does not require the state to prove you were under the influence. The state must simply show either that you took a breath test and registered .08 or higher, or elected not to take a breath test (“refusal’).

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