Chicago Criminal Lawyer Blog
Chicago Weather, Illinois DUI Laws, and How Conditions on the Road Can Affect Your Case
Chicago drivers deal with weather that changes by the hour. One minute there is clear pavement, and the next there is blowing snow, sleet, standing water, or black ice along Lake Shore Drive, the Kennedy Expressway, or neighborhood streets in Albany Park, Beverly, and Little Village. Those conditions can affect steering, braking distance, and vehicle handling even when the driver is sober. Yet many DUI arrests begin with claims that the driver swerved, slid, or failed to stop in time. When the city is dealing with rain, slush, or winter storms, those same behaviors are often the natural result of road conditions.
Under 625 ILCS 5/11‑501, Illinois prosecutes driving under the influence when alcohol or drugs impair a person’s ability to operate a vehicle safely, or when chemical testing shows a blood alcohol level of .08 or higher. DUI charges are criminal charges. In Illinois, every criminal offense is either a misdemeanor or a felony. A first‑time DUI without aggravating factors is most often charged as a Class A misdemeanor. Aggravating circumstances such as a prior DUI, a child in the car, severe bodily injury, lack of a valid license, or very high BAC levels can elevate the charge to felony aggravated DUI.
