A felony is any offense that carries a penalty in excess of days in jail, typically to be served in the Illinois Department of Corrections. Under Illinois law, there a different classes of felonies beginning with Class 4 and moving up to Class X each which carry increasing periods of incarceration as follows:. Generally, only individuals charged with a 3rd DUI are felony eligible.
Drinking and Driving Laws in Illinois
However, under the following circumstances a first offense DUI may qualify as a felony:. A second DUI offense may qualify as a felony if it involves the transport of a child less than the age of Besides making these DUI offenses felonies, Illinois law also provides certain minimum penalties if the person is convicted:. DUI when DUI when involved in a motor vehicle accident where there was great bodily harm or disfigurement to another:.
DUI when involved in a motor vehicle accident resulting in any bodily harm to a person under the age of We urge you to contact a professional and knowledgeable attorney as soon as possible following a DUI arrest. However, the way this new legislation is worded, those chances are slim to none.
The state of Illinois has covered their bases when it comes to technicalities.
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- New 12222 Illinois DUI Laws.
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- Illinois DUI Laws, Fines, and Consequences.
- Drunk Driving/DUI - An Overview.
The law reads along the lines of paraphrased 'driving a vehicle on a roadway designated for one-way traffic, opposite to traffic control devices. The definition of 'traffic devices' has been updated to include any and all needed signage and lights in an attempt to curb anyone from creating a loophole. Because there were no major changes to Illinois DUI laws, and only the addition of the one stated above, there are no major changes in penalties for driving intoxicated.
However, we will take a chance to remind you of the severity of a DUI by giving some brief insights as to what you may encounter should you be convicted. Hopefully, if you ever receive a DUI, it will only be one, and you will learn from the mistake.
Illinois Laws and Penalties for a First Offense DUI | aredlaposdust.ml
If you receive a second one, it will still be a misdemeanor, but the fines, community service hours, and other obligations increase. For a third or subsequent offense, it will be classified as a felony. Should there be a minor under the age of 16, a vehicular crash with bodily injury, or driving on the wrong side of a one-way, you will be subject to higher fines and community service.
Basically, each aggravating factor can add up in fines and hours of community service. For a second DUI, you see a large repeat of the above penalties, after you have served a minimum of 5 days in jail and completed at least hours of community service. Chemical tests and the facts surrounding them are another DUI law that has held steady for Many people see a refusal as a way to beat the system, but the state of Illinois has ensured fewer and fewer choose to do this.
What Are the Penalties?
Should you refuse a breathalyzer screening, your driving privileges are suspended for one year, double the amount of time than if you simply failed the test. A breathalyzer test uses a device known as a breathalyzer to gauge how much alcohol you have in your system based on your breath.
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If after breathing into the instrument reads. If a police officer suspects you of committing DUI in Illinois and wishes to administer a breathalyzer test, you may refuse.
Illinois Zero Tolerance Policy
However, doing so will result in potentially severe consequences, such as automatic suspension of your driver's license. Illinois is one of many states with what are known as implied consent laws. Implied consent laws in Illinois mean that by having a state driver's license, you agree to undergo chemical testing for drugs and alcohol if a police officer suspects you of driving while intoxicated.
belgtersimpdad.tk First and second-time DUI offenders are usually charged with a class A misdemeanor. However, DUI in Illinois can be a felony in some situations. Felonies carry much harsher penalties, including larger fines and extended jail sentences.
Getting caught drinking and driving three times is an Illinois class 2 felony. Additionally, if you are driving with a passenger under the age of 16 and that passenger is injured due to drinking and driving, you may be charged with a class 4 felony, even if it is your first offense. You will also be charged with a class 4 felony in Illinois on a first offense if you are caught driving with a suspended or revoked license or if you are caught driving without insurance.
Also, if you cause great bodily harm to someone, even on a first offense, you will be charged with a class 4 felony.