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Illinois DUI ChargesThe crime of drunk driving in Illinois is referred to as Driving Under the Influence (DUI). A person will be charged with DUI if they drive or be in actual physical control of any vehicle while:
1. the person's blood alcohol content (BAC) of their blood or breath is 0.08 or more; 2. under the influence of alcohol; 3. under the influence of any intoxicating compound or combination of intoxicating compounds to a degree that renders the person incapable of driving safely; 4. under the influence of any other drug or combination of drugs to a degree that renders the person incapable of safely driving; 5. under the combined influence of alcohol, other drug or drugs, or intoxicating compound or compounds to a degree that renders the person incapable of safely driving; or 6. there is any amount of a drug, substance, or compound in the person's breath, blood, or urine resulting from the unlawful use or consumption of cannabis, a controlled substance, an intoxicating compound, or methamphetamine. A DUI offense in Illinois is typically charged as a misdemeanor, however aggravating factors may enhance the charge to a felony offense. Felony convictions carry much harsher penalties than misdemeanor offenses (which carry a maximum jail sentence of 1 year). Enhancements include: DUI with a child under the age of 16 in the vehicle, DUI bodily injury, DUI serious bodily harm/disfigurement or disablement, prior DUI convictions, etc. Get more information on the different enhancements and the Illinois DUI penalties. Illinois DUI Statutes(625 ILCS 5/11‑501) (from Ch. 95 1/2, par. 11‑501) Sec. 11‑501. Driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof. (EXCERPT) (a) A person shall not drive or be in actual physical control of any vehicle within this State while: (1) the alcohol concentration in the person's blood or breath is 0.08 or more based on the definition of blood and breath units in Section 11‑501.2; (2) under the influence of alcohol; (3) under the influence of any intoxicating compound or combination of intoxicating compounds to a degree that renders the person incapable of driving safely; (4) under the influence of any other drug or combination of drugs to a degree that renders the person incapable of safely driving; (5) under the combined influence of alcohol, other drug or drugs, or intoxicating compound or compounds to a degree that renders the person incapable of safely driving; or (6) there is any amount of a drug, substance, or compound in the person's breath, blood, or urine resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act. (b) The fact that any person charged with violating this Section is or has been legally entitled to use alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof, shall not constitute a defense against any charge of violating this Section.... |
