Chicago Criminal Lawyer Blog
A DUI arrest in Chicago can disrupt your life before you even know what evidence the police claim to have against you. Many people leave the police station worried about jail, their driver’s license, their job, their family, and whether one mistake will follow them forever. In Illinois, DUI cases move on two tracks at the same time. One track is the criminal case in the Circuit Court of Cook County or another county court, and the other track is the driver’s license case involving a statutory summary suspension. That is why a person arrested near River North, Wicker Park, Lincoln Park, the South Loop, Logan Square, Hyde Park, or anywhere else in Chicago should treat the case as urgent from the beginning.
Under 625 ILCS 5/11-501, Illinois law prohibits driving or being in actual physical control of a vehicle while the person has an alcohol concentration of 0.08 or more, while under the influence of alcohol, while under the influence of drugs or intoxicating compounds to a degree that makes the person incapable of driving safely, while under the combined influence of alcohol and drugs, or with certain unlawful controlled substances present in the body. Illinois law also includes cannabis-related DUI provisions. A DUI does not always depend on a breath test number. Prosecutors often try to prove impairment through officer observations, body camera video, dashboard camera video, field sobriety testing, driving behavior, statements, odor of alcohol, admissions about drinking, blood or urine testing, and witness accounts.
Most first-time DUI cases in Illinois are charged as Class A misdemeanors. A Class A misdemeanor can carry up to less than one year in jail, fines, court costs, probation, conditional discharge, alcohol or drug evaluation, treatment requirements, victim impact panel attendance, community service, and license consequences. A second DUI can also be charged as a misdemeanor in many cases, but it carries mandatory minimum consequences, including either jail time or community service. A DUI becomes much more serious when aggravating facts are alleged. Aggravated DUI is a felony in Illinois. A DUI may be charged as a felony if it is a third or later DUI, if a crash causes great bodily harm, permanent disability, disfigurement, or death, if the person was driving on a license suspended or revoked for DUI-related reasons, if the person had no valid license, if the person knew or should have known the vehicle was uninsured, if a child passenger was injured, or if other aggravating factors apply. Depending on the facts, aggravated DUI may be charged as a Class 4, Class 2, Class 1, or Class X felony.
