by Attorney Eric D. PuryearIllinois DUI law in general
In Illinois, driving a car while under the influence (DUI) of alcohol is a serious crime. There are two types of DUI in Illinois. The first is where a person has a Blood Alcohol Content (BAC) of .08 or higher. The second is where a person is “too drunk” to safely operate the vehicle, regardless of their BAC (meaning it is possible to get a DUI in Illinois with a BAC that is below .08)
Drivers under 21 years of age should note that Illinois is a “zero tolerance” state, meaning that a person under 21 years of age caught driving with a BAC of .02 or higher may suffer a variety of penalties.
For commercial vehicle drivers, a BAC of .04 or higher will result in a DUI.
Illinois Statutory Summary Suspension
In Illinois, those arrested for DUI will be asked to submit to chemical BAC testing at the police station. Beginning on January 1, 2009, those individuals who refuse to submit to the chemical BAC testing will have their driver’s licenses suspended for one year. Those who submit to the testing and fail lose their driver’s license for 6 months.
Having the right lawyer when facing a DUI charge is critical
I have represented many clients facing DUI charges. In each of those cases, I begin by meeting with the client to get a complete understanding of the facts of the case. Then, I apply my legal education and experience to those facts, and determine the best way of resolving the case. In some situations, an improper traffic stop by the police may lead to the evidence of intoxication being suppressed, causing the case against the client to be dismissed. In other cases, it is possible to successfully argue that the client was not intoxicated while operating the vehicle, resulting the client being found not guilty at trial. In still other cases, I have negotiated plea deals that kept my clients out of jail, without a DUI conviction on their record, and with the ability to continue driving their car. In any event, each case is unique, and I bring to bear maximum effort for my clients in each and every case.