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Understanding DUIs in Illinois

Mockaitis Law Group LLC Feb. 24, 2023

When it comes to driving under the influence (DUI) charges, the sooner you address the situation the better. That’s because police and judges in Illinois take drunk driving incredibly serious. They won’t just slap you on the wrist and send you on your way. You could be facing some serious charges that may only get worse the longer you wait to retain the services of a skilled defense lawyer.

At Mockaitis Law Group LLC, we know criminal law, and we know there is more at stake than your freedom when you’re facing DUI charges. You could lose your license, your job, and the respect of your family and friends. Don’t wait to see if prosecutors will give you a “good” deal. It may not be in your best interests.

DUI Penalties in Illinois

DUI charges can involve alcohol or drugs. Under Illinois law, you could be charged with driving under the influence if:

  • You are 21 or older and have a blood alcohol concentration of .08 or higher

  • You are under the age of 21 and have a blood alcohol concentration of .01 or higher (zero tolerance law)

  • You are any age and appear to be under the influence of drugs or other intoxicating compounds that impair your ability to drive safely

Penalties for a DUI depend on your age and blood alcohol concentration (BAC).

Example: A first-time DUI conviction for a .08% BAC or higher can lead to a maximum fine of $2,500, the possibility of imprisonment for up to one year and a minimum one-year license revocation. If your BAC is 0.16% or higher, in addition to these penalties, you may also face a minimum of 100 hours of community service as well as a mandatory fine of $500.

Refusing a Breath Test

Illinois is an implied consent state, meaning when you receive your driver’s license, you are accepting the fact that police can ask you to submit to a breath test if they suspect you are impaired by alcohol.

Should I Submit to a Breath Test?

You have the right to refuse submitting to a breath test both at the scene of the stop and at the station after arrest, but doing so can result in a suspension of your driving privileges from one year to three years. Permits can be obtained in order to drive during this suspension period so long as certain other conditions are met and complied with. If you submit to a breath test at the police station, you are providing them with the evidence they need to convict you! The choice is yours.

Turn to Us — We Have Your Back

In order to build a strong DUI defense, you need to act quickly after an arrest. At Mockaitis Law Group LLC, we get to work immediately, making sure your rights are protected and police are following proper procedure. We will advise you at every turn to make sure nothing is said or done that could lead to a negative outcome.

If you would like to speak with Attorney Romas Mockaitis about your case, contact our office in Oswego. Initial consultations are always free and available when you need them. Contact us online.