An arrest for driving under the influence has two consequences on a person’s driving privileges under Illinois law. First, his driver’s license will be suspended 46 days after the date of arrest based on either 1) a breath alcohol concentration of 0.08 or more, or 2) a refusal to take the breathalyzer test. The suspension […]
Definitions
Driving under the influence is a criminal offense in Illinois. It is subject to the same rules of criminal procedure and evidence as any other charge, including first degree murder. The defendant is protected by the United States Constitution, which provides the right to a jury of 12 people and the right to confront one’s […]
When a person is arrested for driving under the influence in Illinois, the arresting officer will ask him to submit to a chemical test. The most common form of test is a breathalyzer at the police station. If the machine shows a breath alcohol concentration of 0.08 or more, then that person is over the […]
Field sobriety testing is the term describing a series of tests the police give a motorist whom they suspect to be impaired by alcohol or drugs. The tests were developed after study by the U.S. Department of Transportation (DOT), National Highway Traffic and Safety Administration (NHTSA). Three tests were approved for standardization and use by […]
When a driver is confronted with an order from the police to pull over, failure to do so can result in serious criminal charges. The penalties for failing to stop are enhanced if the driver commits multiple moving violations prior to making a complete stop. The law in Illinois says that fleeing or attempting to […]
Driving under the influence can be charged in numerous ways under Illinois law. It can be based on impairment by illegal drugs, prescription medication, and the combined influence of alcohol and drugs. But the most prevalent charge of DUI is based on intoxication by alcohol. If a person is accused of driving under the influence […]
During a traffic stop, a police officer is trained to use procedures for detecting intoxicated motorists. The officer will follow a routine involving questions about the consumption of alcohol, and a series of sobriety tests. The sobriety tests are conducted on the side of the road, usually in front of the squad vehicle. Police officers, […]
Frequently a person who is arrested for driving under the influence will receive multiple traffic citations from the police officer. The number of tickets can cause some people to panic, believing they are charged with multiple DUIs. Generally, this is not the case. DUIs are charged on tickets call a Uniform Citation and Complaint. These […]
Driving while license suspended is a criminal offense in the state of Illinois. The offense is typically charged by a police officer by issuing a traffic ticket and releasing the defendant at the police station. This practice is deceiving because it does not accurately represent the seriousness of the offense. The statute for driving while […]
The legal limit for alcohol while operating a motor vehicle in Illinois is 0.08 percent. Many people are mistaken that a person is guilty of driving under the influence only if his alcohol level is over 0.08. This is not the case. The legal limit is anything greater than 0.079. An alcohol concentration in a […]
