Fighting A DUI Conviction With A Criminal Attorney In Chicago

March, 2014 by Alma Abell

The state of Illinois possesses a zero tolerance for all minors who choose to drive under the influence. Any minor driver who is arrested for drinking and driving, is subject to immediate penalties based on the number of previous convictions on their criminal history. A breathalyzer test for minors is not required to convict them although it is administered to acquire evidence. A minor who is facing DUI or DWI charges needs the assistance of a Criminal Attorney in Chicago.

DUI Penalties as Defined Under Illinois State Law

All refusals to take a breathalyzer test when a subject is pulled over under suspicion of DUI result in immediate fines based on their criminal history and license suspension. Under Illinois state law, any driver who chooses to drive while intoxicated, under the influence of a controlled substance, or otherwise impaired gives implied consent to chemical testing. The first offense penalties for refusing testing is one-year license suspension and second or third refusal result in three-years license suspension, which is immediate and irreversible in Illinois.

The legal limit for driving while under the influence in Illinois is the same as the national statute, which is 0.08 percent. Any breathalyzer reading that registered over this legal limit results in an immediate arrest and criminal charge. The state of Illinois does not eliminate any charges that did not occur within a ten to twelve-year period as some states do. They assign offenses based on all driving records that began when the driver first acquired a driver’s license. Anyone accused of DUI should seek counsel through a Criminal Attorney in Chicago, Click Here for more information.

A first-offense does not require a minimum jail sentence. However, each county has the right to retain a subject until he or she is no longer intoxicated. If he or she is arrested on a weekend, it is more likely that they will not attend their arraignment until the following Monday. The maximum sentence for a first offense is up to one year in jail; six months is added if a child was in the vehicle. The convicted receive fines up to $2,500; any blood alcohol reading over 0.16 is an additional $500 in fines. They additionally receive a license suspension of up to one year, suspension of vehicle registration, and community service.

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