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posted on 1/11/16

A recent Chicago Tribune article reported an increase over the holidays of DUI enforcement in the suburban areas around Chicago Illinois DUI Statistics indicate that the number of alcohol-related traffic deaths rises over major holidays. Measures such as increased sobriety checkpoints have led to more citations, and these holiday crackdowns can affect drivers in and around the city of Schaumburg and nearby communities. Despite stronger implementation from law enforcement, recent changes in Illinois DUI law will have an effect on first-time offenders that many drivers are not aware of.

 

Drinking and Driving Laws in Illinois

 

In Illinois it is illegal to drive your vehicle with a blood alcohol concentration (BAC) of .08 or above. If you are under the age of 21 it is illegal for your blood, breath, or urine to contain any measurable amount of alcohol. The zero tolerance law for underage drinkers is in effect in every state.

 

Penalties for Drinking and Driving

 

The maximum penalties for drinking and driving for a first-time offender are a minimum of a six month loss of driving privileges, possible imprisonment of up to one year, and a fine of $2,500.00. A second time offense within five years yields suspension of driving privileges for one year. In addition to the required summary license suspension of six months, DUI offenders were previously prohibited from driving for 30 days.

 

There is one recent change in the law that has created some buzz. Starting January 1, 2016 those arrested for DUI for the first time will be eligible for a Monitored Device Driving Permit (“MDDP”). This permit allows a first time DUI offender to continue driving for 30 days provided they install special breath-measuring devices in their vehicles such as interlock ignition devices.  This new law follows a national trend whereby more and more states have resorted to electronic devices to monitor driver’s alcohol content. The devices must be installed at the driver’s expense.

 

What Happens if You Refuse a Breathalyzer Test?

 

Under Illinois law, if an officer has probable cause to believe you are impaired beyond the legal limit while driving, you automatically consent to chemical tests of your blood, breath, or urine.  This “implied consent” means if law enforcement has reason to believe that you were driving while under the influence of alcohol, with a .08 BAC or higher, he or she may ask you to submit to a chemical test. The arresting officer will decide whether a blood, breath, or urine will be used.

 

Refusal to take a breathalyzer test will result in a one-year license suspension and you may still receive a DUI conviction. You are allowed to refuse on any grounds. Religious is just one of them. Ultimately, refusing to submit to a breathalyzer or any chemical test does not guarantee a penalty-free outcome.

 

The rise in DUI citations is a good indicator that increased measures to catch those driving under the influence have an impact and that driver safety will continue to be a major priority in the state of Illinois.

 

Who Should I Contact if Arrested for a DUI?

 

If you have been arrested and charged with a DUI, Glasgow & Olsson can help you understand your rights. Our criminal law attorneys are experienced in DUI defense and can review your case to provide you with your best available options.