Overview of Illinois DUI Law

If you have been charged with the crime of driving under the influence, it is important that you understand your rights and hire an experienced DUI attorney to defend you. First, it helps to understand the DUI law in Illinois and how it works. Below is an overview.

Illinois law makes it a crime for a driver to operate a vehicle (this includes boats) while impaired by the effects of alcohol or drugs. The most common DUI’s in Illinois are alcohol related. However, you can be charged with a DUI if you are impaired because of drugs or medication.

In Illinois, you are driving under the influence if your blood alcohol is above .08. Even if your blood alcohol level is not above .08 but you are under the age of 21, you can still be charged with an Illinois DUI. If you are pulled over for suspicion of drunk driving in Illinois, the police cannot force you to take a breathalyzer test. You can also not be forced to submit to chemical testing at the police station. There are two sides to this coin, of course. If you don’t take the breathalyzer test or submit to chemical testing, your driving privileges can be suspended (your license will be suspended for 12 months if you are first time offender). That said we never suggest that you take a breath test. In most cases the automatic suspension can be reversed by an attorney.

If you do take the tests and fail, your license will be suspended for six months. If you are a first time offender, you can actually drive during the suspension if you install an ignition interlock device on your car that requires you to pass a breath test before it will run.

If you are convicted of a DUI, the penalties can include:
-prison time (at the very least, a DUI is a misdemeanor which carries a potential jail term of up to 364 days)
-alcohol classes and/or
-forfeiture of your vehicle.
-suspended license
-fines
-community service


Some of the factors that will be considered in determining the penalties in your case include:
-Whether this was your first time offense or if you have any prior DUI's
-Whether there were any other violations related to the incident (i.e. Were you driving with an already suspended license? Was there alcohol in the car?)
-Whether you were operating a commercial vehicle
-Whether anyone was injured.


You can be charged with a DUI even if you aren’t driving. Simply having the keys on you somewhere near your car is enough to get arrested and we see that happen every day. One time a client of ours wisely chose to sleep in the back seat of his car because he had drank too much at a bar. He was still arrested for driving under the influence. Fortunately the attorney we recommended was able to have those charges dismissed.

A DUI conviction in Illinois can destroy your life. There are hundreds of attorneys in Illinois that say they do DUI defense, but only a handful are right for your case. Who we’d recommend would depend on the court you have to go to, the facts of the arrest, the experience and success of the attorney and anything unique to your case. If you would like an attorney referral or just have questions please contact our office to speak with one of our staff lawyers. Our service is free and we are happy to help. The attorneys we recommend aren’t free, but they are independent and would be the same lawyers we would hire if we got arrested.