Chicago Criminal Lawyer Blog
Chicago DUI Arrests and the Importance of Proper Procedure
Chicago is no stranger to aggressive DUI enforcement. Officers from the Chicago Police Department and state agencies routinely patrol the roads looking for any sign of impaired driving. But despite their authority, officers are bound by strict legal procedures that govern how they can conduct traffic stops, administer sobriety tests, and make arrests. When they fail to follow these procedures, the integrity of the entire case may fall apart.
Under Illinois law, DUI is defined by 625 ILCS 5/11-501. This statute makes it a criminal offense to operate a motor vehicle while under the influence of alcohol, drugs, or any intoxicating compound that renders you incapable of safe driving. For most first and second offenses, the charge is a Class A misdemeanor. But if certain aggravating conditions are present—such as a prior felony conviction, a crash causing serious bodily injury, or the presence of a minor passenger—the charge can be enhanced to a felony. In some instances, a defendant may face a Class 2 or Class 4 felony, which carries the risk of prison time.
