Answers to Frequently Asked Questions About Driving Under the Influence (DUI)
DUI Lawyer Serving Cook, DeKalb, DuPage, Grundy, Kane, Kankakee, Kendall, LaSalle, Lee, Ogle, and Will Counties
Are you looking for a DUI lawyer for yourself or a loved one in Illinois? For many, a Driving Under the Influence charge is the first and last time that they will ever come into contact with the criminal justice system. If your goal is to make sure that this arrest does not have lifelong consequences, then don’t worry. In this page, you will find answers to many of the common questions people ask lawyers about DUI’s in Illinois.
If you are looking for an experienced criminal defense lawyer who specifically handles Driving Under the Influence (DUI) cases, call Attorney Clyde Guilamo today for a free consultation. Clyde Guilamo is a former prosecutor with over 10 years of criminal law experience, and he is ready to protect your freedom.
Comprehensive Guide to Illinois DUI Laws – 625 ILCS 5/11-501
In Illinois, the State can charge you with a DUI for being under the influence of alcohol, cannabis, drugs, prescription medications, or any combination of two or more of those substances. Evidence in these cases include chemical testing, Field Sobriety Tests, and other observations made by the officer in this case. Here is a comprehensive guide to Illinois’ Driving Under the Influence Law written by a DUI lawyer:
PRACTICE AREAS
- Aggravated Unlawful Use of a Weapon
- Armed Violence
- Burglary
- Delivery of a Controlled Substance
- Delivery of Methamphetamine
- Domestic Violence
- Drug Cases
- Gun Cases
- Possession of Burglary Tools
- Possession of a Controlled Substance
- Possession of Methamphetamine
- Possession of a Stolen Motor Vehicle
- Rape/Sexual Assault Cases
- Theft Cases
- Traffic Offenses
- Unlawful Use of a Weapon
- Violent Crime Cases
Driving Under the Influence
Table of Contents
What is Driving Under the Influence (DUI) in Illinois 625 ILCS 5/11-501?
There are 7 different ways that prosecutors can charge you with Driving Under the Influence:
- You are over the legal limit of alcohol (.08 BAC);
- Your ability to operate a motor vehicle was actually impaired by your consumption of alcohol (regardless of amount);
- You are under the influence of intoxicating compounds that make you incapable of driving safely;
- You are under the influence of drugs or a combination of drugs that make you incapable of driving safely;
- You are under the influence of a combination of alcohol and drugs that make you incapable of driving safely;
- You have any amount of drugs in violation of the Illinois Controlled Substances Act, the Use of Intoxicating Compounds Act, or the Methamphetamine Control and Community Protection Act; or
- You have, within 2 hours of driving or being in actual physical control of a vehicle, a tetrahydrocannabinol concentration in your whole blood of 5 ng or more per mL or in any other bodily substance of 10 ng or more per ML. 625 ILCS 5/11-501(a).
As you can see, the first two ways to charge DUI involve alcohol, while the remaining 5 ways involve drugs or a combination of drugs and alcohol. Under section 11-501(a)(1), the State only needs to show the amount of alcohol in your system, they do not need to show that the alcohol impacted your driving.
Note: Under section 11-501(a)(6) “any amount” of a controlled substance in your system while driving, and you are guilty. The State does not have to show that you were high, or that the drug impacted you’re driving.
Can the State charge me with DUI if I was not driving?
Surprisingly, yes! Although titled “Driving Under the Influence,” the law actually states that “a person shall not drive or be in actual physical control of any vehicle.” Actual physical control covers much greater conduct than just driving. If you are inside of your car and have the ability to start it (car keys), then the State could charge you with a DUI. 625 ILCS 5/11-501(a). You should look at the case of City of Naperville v. Watson, 175 Ill. 2d 399 (1997).
Can the State charge me with DUI if I was under the legal limit?
Yes! Only DUIs under 11-501(a)(1) require to be at or over the legal limit. If you crash your vehicle while your blood alcohol level is at .06, you may be charged with at DUI under section 11-501(a)(2).
What evidence do prosecutors use to show that you are guilty of driving under the influence?
Since prosecutors have the burden of proof, they must show the judge or jury that you are driving under the influence. Prosecutors try to meet that burden by presenting evidence of your intoxication. Here are some examples of evidence that prosecutors have used in DUI cases:
- Standardized Field Sobriety Tests;
- Breathlyzers (you blew over a .08);
- Blood draws (your blood was over .08);
- Your driving (swerving in and out of your lane);
- Your appearance (red, glassy eyes);
- Your odor/smell (odor of alcohol/cannabis);
- Your speech (incoherent, delayed, slurred);
- Your behavior (urination, falling, sleeping);
- Your admission (“Officer, I drank earlier”);
- Eyewitnesses (“I saw him/her drinking earlier”);
- Videos (surveillance camera from the bar);
- Photos (images of the crash or property damage); and/or
- Your possessions (syringe, open alcohol bottle).
What are Standardized Field Sobriety Tests? What do police look for in Field Sobriety Tests?
Standardized Field Sobriety Tests are tests that officers use to detect whether someone is driving under the influence. These tests are approved by National Highway Traffic Safety Administration (NHTSA) after extensive research to identify the most reliable and common indicators of DUI. For a copy of the most recent NHTSA manual click here. The three field sobriety tests are the HGN test, the Walk-and-Turn test, and the One Leg Stand Test. Let’s take each test one at a time.
Horizontal Gaze Nystagmus Test
The HGN Test is an eye test. The officer holds a stimulus (either his/her finger or a pen) about 12 to 15 inches from your face and ask you to track the stimulus with your eyes. Alcohol’s impact on your central nervous system can cause your pupils to shake, skip, and/or jump. A common example given to explain what your eyes do is the windshield wipers on your car. When you are sober, your pupils are like wipers during the rain, gliding left and right smoothly. When you are drunk, your pupils are like wipers in the desert, getting stuck on all the dry spots on its way left and right. The 6 clues in this test are:
- Lack of smooth pursuit (left eye);
- Lack of smooth pursuit (right eye);
- Distinct and sustained Nystagmus at maximum deviation (left eye);
- Distinct and sustained Nystagmus at maximum deviation (right eye);
- Onset of Nystagmus prior to the 45 degree angle (left eye); and
- Onset of Nystagmus prior to the 45 degree angle (right eye).
You “failed” the Horizontal Gaze Nystagmus Test if the officer spots 4 or more clues.
One Leg Stand Test
This test is a divided attention balancing test. Divided attention tests are tests designed to make you focus on more than one thing at a time. In this test, the officer will tell you to lift one foot while counting to 30. The 4 clues in this test are:
- Swaying;
- Using your arms to balance;
- Hopping; and
- Putting the raised foot down.
You “failed” the One Leg Stand test if the officer spots 2 or more clues.
Walk and Turn Test
This is another divided attention balancing test. In this test, the officer would ask you to put one foot in front of the other (heel-to-toe) while he explains the rest of the instructions. Without you even noticing, the test has already begun. Surprise! The first two clues are:
- You lose balance in that starting position during the instructions phase; and
- You start before the officer tells you to begin.
The remaining part of the test is to take 9 heel-to-toe steps in a straight line, turn around taking small steps while keeping one foot on that straight line, and then taking 9 heel-to-toe steps back. The remaining six clues are:
- You stop while walking;
- You miss heel-to-toe;
- You step off the line;
- You use your arms to balance;
- You turn improperly; and
- You take the wrong number of steps.
Altogether there are 8 clues, and you “failed” the Walk and Turn test if you violate 2 or more clues.
Can I refuse to complete the Standardized Field Sobriety Tests? Why should I refuse the Field Sobriety Tests?
Yes. One of the tricks that police use when they suspect people are driving under the influence is to tell people that “this is your opportunity to show me that you are not drunk.” That is the exact opposite of what is happening! You are presumed innocent of the charges and the State must prove you guilty of the crime.
The Field Sobriety Tests are used to gather evidence to prove your guilt, not innocence. If you refuse to complete the Field Sobriety Tests, then the State cannot use that piece of evidence against you. Here are the 6 best reasons to refuse the field sobriety tests:
- The tests are not 100% accurate. You know what else can impact the outcome of your tests that is not alcohol or a controlled substance: the amount of sleep that you have; how upset you are for being arrested; if you have Attention Deficient Hyperactive Disorder (ADHD); if you are overweight; if you have had an injury; if you are old; if you suffer from vertigo (lack of balance); if you did not hear part of the instructions; if the ground is uneven; or many other reasons. NHTSA has actually analyzed the Laboratory and field-testing test data of sobriety tests and determined that:
- a) the HGN by itself was 77% accurate;
- b) the Walk-and-Turn by itself was 68% accurate; and
- c) the One-Legged Stand by itself was 65% accurate. See Article Here.
- The officer may have implicit bias. The officer is making you do the tests because he already suspects that you are drunk. In psychology, there is a theory that once someone has made up their mind, they only see evidence that supports their already drawn conclusion.
- People who pass the tests can still be arrested. That’s right. You did the field sobriety tests perfectly, but the officer still sees that you have bloodshot eyes, glassy eyes, slurred speech, drowsiness, and any number of other observations. The officer can still arrest you for DUI drugs.
- The officer may administer the test incorrectly. In the academy, officers learn many different areas of their job. A DUI traffic stop is only one small portion of the many things that they are learning in the academy. Many officers exit the academy with almost no experience on how to conduct a proper DUI traffic stop. If you refuse the test, then you don’t have to explain that you failed because the test was administered incorrectly?
- The law does not require you to take field sobriety tests. Let me say that again! There is no law in Illinois that states that if a police officer thinks you are committing a DUI, then you must complete these tests.
What will happen if I refuse to take the Standardized Field Sobriety Tests?
Nothing! That’s right, there are no negative consequences under the law if you refuse a field sobriety test. The officer may “warn” you that if you refuse to take the field sobriety tests, then he or she may arrest you. The decision to arrest is based on probable cause and not on you exercising your right against self-incrimination.
I get it. You do not have a DUI lawyer in the car with you, and now you feel pressured into doing the tests. But look, the law puts the burden on you to exercise your rights against self-incrimination. The law also allows that officer to lie to you. If you cave to the pressure and perform the test, then the police have more evidence to use against you as reasons for your arrest. Let’s think about this from the officers point of view:
The officer thinks that you are driving under the influence but he/she is not sure. The officer knows that making you do test may give him more evidence to confirm his suspicions about you. If you say no, then he can only rely on whatever observations he has already made. If you say yes, he can use his earlier observations plus your performance on the test. Just Say No! #commonsense; #notlegaladvice.
What is a breathalyzer, and how does a breathalyzer work?
A breathalyzer is a device that analyzes the alcohol content in your breath. There are many articles challenging their validity of breathalyzers. Things that can impact the accuracy of a breathalyzer are:
- Your weight;
- The temperature;
- Whether you have burped or vomited;
- Your lung capacity;
- Your body weight;
- Any cavities or other dental issues;
- Whether you have diabetes or liver conditions;
- Whether the device was shaken vigorously before use; and
- Whether the device was correctly calibrated and many other factors.
What are the consequences for refusing a breathalyzer test?
There are two different breathalyzer tests that police officers used, and each one has different consequences. A preliminary breath test, which is the one that police usually offer to people at traffic stops, can be refused by you with no negative consequences. Stated differently, Illinois law has no negative consequences for refusing to take this portable breathalyzer test or preliminary breath screening test. Just Say No! #commonsense; #notlegaladvice.
The second type of breathalyzer test that officers use is with a device that is calibrated and attached to a printer that performs an evidentiary breathalyzer test. (Although I wrote “second type” there are devices on the market that are approved for both preliminary testing and evidentiary testing). Before administering these types of tests, the officer must read to you the warning to motorist and observe you for 20 minutes. Here are the consequences for taking or refusing the evidentiary breath test:
If you take the evidentiary breathalyzer test and fail (blow over a .08), then:
- the police will take your license and give you a receipt;
- you are presumed to be under the influence of alcohol (625 ILCS 5/11-501.2(b)(3));
- you can continue driving for 45 days but on the 46th day, your driving privileges will be suspended (known as the Statutory Summary Suspension);
- the suspension period is for 6 months for first-time offenders; and 12 months if you have previously either failed or refused the test in the last 5 years (625 ILCS 5/6-208.1).
If you take the evidentiary breathalyzer test and have a blood alcohol level between a .05 and .08, then:
- legally you are under the limit but can still be charged with a DUI under section 11-501(a)(2) through (a)(7);
- there is no presumption that you were or were not under the influence of alcohol (625 ILCS 5/11-501.2(b)(2)); and
- your driving privileges will not be suspended.
If you take the evidentiary breathalyzer test and have a blood alcohol level under .05, then:
- legally you are under the limit but can still be charged with a DUI under section 11-501(a)(3) through (a)(7);
- there is a presumption that you are not under the influence of alcohol (625 ILCS 5/11-501.2(b)(1)); and
- your driving privileges will not be suspended.
If you refuse the evidentiary breathalyzer test, then:
- the police will take your license and give you a receipt;
- you can continue driving for 45 days but on the 46th day, your driving privileges will be statutorily suspended;
- your suspension will be for 1 year (instead of 6 months), and 3 years (instead of 12 months) if you have previously either failed or refused the test in the last 5 years (625 ILCS 5/6-208.1);
- the police can charge you with a DUI under section 11-501(a)(2) through (a)(7);
- your refusal can be used as evidence against you 625 ILCS 5/11-501.2(c).
What is a Statutory Summary Suspension?
A Statutory Summary Suspension is when the Secretary of State, by law, suspends your license if:
- You fail a breath test (blow over a .08); or
- You refuse an evidentiary breathalyzer test. 625 ILCS 5/11-501.1(d).
If either one of those two things happen, then the police officer will take your license, give you a receipt, and serve you with a notice that your driving privileges will be suspended. After your arrest, the police officer submits a sworn report to the Secretary of State, informing the State of your failed or refused test. The Secretary of State reviews that report and then confirms that the suspension of the license will take place.
When does a Statutory Summary Suspension go into effect?
A Statutory Summary Suspension goes into effect 46 days after your failed or refused test. 625 ILCS 5/11-501.8(d). For your benefit, you can determine the date that your suspension becomes effective by adding 46 days to your date of arrest on this website.
How long does a Statutory Summary Suspension last?
If this is your first DUI, or if your last DUI was more than 5 years ago, then the suspension period for a failed test is 6 months. If you have failed or refused a test in the last 5 years, then the suspension period for a failed test is 1 year. 625 ILCS 5/6-208.1.
If this is your first DUI, or if your last DUI was more than 5 years ago, then the suspension period for a refused test is 1 year. If you have failed or refused a test in the last 5 years, then the suspension period for a refused test is 3 years. 625 ILCS 5/6-208.1.
How do DUI lawyers prevent a Statutory Summary Suspension?
The law allows you to file a motion to challenge a Statutory Summary Suspension. 625 ILCS 5/2-118.1. That motion is called a “Petition to Rescind a Statutory Summary Suspension.” Here are the different reasons to challenge the suspension:
- No probable cause for the stop;
- No probable cause for the arrest;
- The officer gave the warnings to motorists improperly;
- The driver did not refuse the test;
- The driver was not over the limit; and/or
- There is a defect in the sworn report.
When must the petition to rescind the statutory summary suspension be filed?
If you would like to challenge the suspension of your license, then you only have 90 days to file a petition to rescind. 625 ILCS 5/2-118.1(b). That 90-day time period starts on the date that you received notice of the suspension, which officers usually provide to you on your arrest date. In practice, many DUI lawyers file the petition to rescind immediately, along with their appearance and motion for discovery.
Unfortunately, many people who are charged with DUIs are not anticipating the arrest and don’t have the money to hire a lawyer. Because a petition to rescind is a civil proceeding, a public defender cannot challenge the suspension of your license. If you spend more than 3 months gathering money, however, the lawyer you hire will be unable to challenge the suspension of your driving privileges.
Is Driving Under the Influence a Misdemeanor or Felony in Illinois?
Generally, Driving Under the Influence is a Class A misdemeanor for first-time offenders. 625 ILCS 5/11-501(c)(1). Misdemeanors are crimes punishable by up to 364 days in the county jail. 730 ILCS 5/5-4.5-55(a). However, a DUI can be upgraded to a felony if certain conditions apply. Keep reading as we will discuss those conditions.
Do I need a DUI Lawyer if I am charged with Driving Under the Influence?
Yes, because you should be represented by an attorney on any offense that can result in the loss of your freedom. Specifically, the Sixth Amendment to the United States Constitution gives you the right to a lawyer, and the Supreme Court case of Gideon v Wainwright, 372 U.S. 335 (1963) provides state appointed lawyers (public defenders) for indigent people. But remember, public defenders cannot file petitions to rescind your statutory summary suspension because that is a civil proceeding. Only private DUI lawyers can file those petitions.
What is the sentencing range for a first-time DUI?
If this is your first DUI, then you are eligible for court supervision. Although the maximum sentence is 364 days in the county jail, there is no required jail sentence and no required public service work on a first-time DUI. However, you must complete a DUI evaluation and comply with any recommended treatment. 625 ILCS 5/11-501.01(a). The judge can impose a fine on you of up to $2,500 and require you to attend a Victim Impact Panel. 625 ILCS 5/11-501.01(b).
If there was a 15-year-old child or younger in your car at the time of the DUI, then you are “subject to” 6 months in jail, an additional minimum of $1,000, and 25 days of community service at a program benefiting children. 625 ILCS 5/11-501(c)(3).
If your Blood Alcohol Concentration was over .16, then you must do 100 hours of community service and a minimum fine of $500. 625 ILCS 5/11-501(c)(4).
Can a first-time DUI be a felony in Illinois?
Yes! Your first DUI can be a felony if any of the following conditions apply:
- You were driving a school bus with one or more passengers on board;
- You were in a car accident that caused great bodily harm, permanent disability, or permanent disfigurement;
- You have a prior reckless homicide;
- You were in a motor vehicle accident that cause bodily harm in a school zone;
- You were in an accident that caused the death of someone;
- You did not have a valid driver’s license, or driving permit (Driving on a Suspended License);
- Your car did not have valid insurance;
- You were involved in a motor vehicle accident, and a minor passenger of yours was injured; or
- You commit a DUI while working as a driver for hire.
Of all these conditions, the most common ones I see are 1) DUI + no insurance; 2) DUI + no D.L.; and 3) DUI + great bodily harm/death. If any of those apply to you, then even your first DUI could be charged as a felony. You should speak with a DUI lawyer about possible enhancements or upgraded charges.
What is the sentencing range for your second DUI?
You are no longer eligible for court supervision on your second DUI. If the judge or jury finds you guilty, then the judge would be forced to enter a conviction against you. 730 ILCS 5/5-6-1(d)(2). As a result of that conviction, the Illinois Secretary of State will revoke your driving privileges. 625 ILCS 5/11-501.01(d).
On your second DUI, you must serve either 5 days in the county jail or 240 hours of community service. 625 ILCS 5/11-501(c)(2). Many people initially choose the community service hours because they don’t want to spend time in jail. Here let me explain something, the day you were arrested counts as your first day in custody, and if you saw the judge the following day to bond out, that counts as your second day. Your remaining 3 days could be a Friday, Saturday, and Sunday and you would have knocked out this requirement. On the other hand, most people work a 40-hour week. To do 240 hours of community service, you would literally have to work a fulltime job for 6 weeks or 1.5 months. Ultimately, the choice is yours, but you’re comparing a month and a half of work to a weekend in jail.
If this is your second DUI and your Blood Alcohol Concentration was over .16, then you must serve a minimum of 2 days jail and a pay a minimum fine of $1,250. 625 ILCS 5/11-501(c)(5). Both this and the conditions on the last paragraph apply. So if you chose to do the 240 hours of community service, then you will still have to serve 2 days in jail under this paragraph.
Can your second DUI be a felony in Illinois?
Yes, you could be charged with a felony on your second DUI. All the conditions expressed above that made a first-time DUI a felony would also make your second DUI a felony. There is one additional condition that applies to second-time DUIs. If you were transporting a child under the age of 16 during your second DUI, then the State could charge you with a Class 4 felony. Once again, I would recommend that you speak with a DUI lawyer about possible enhancements or upgraded charges.
What is the sentencing range for your third DUI in Illinois?
Your third DUI is a class 2 felony. 625 ILCS 5/11-501(d)(2)(B). Class 2 felonies have a sentencing range of 3 to 7 years in the Illinois Department of Corrections. You could be looking at a fine of up to $25,000. 730 ILCS 5/5-4.5-35.
Generally, you are eligible for probation on your third Driving Under the Influence, but if the judge gives you probation, then you must serve a mandatory minimum sentence of either 10 days in the county jail or 480 hours of community service. 625 ILCS 5/11-501(d)(3). (480 hours of community service is 3 months of fulltime work assuming a 40-hour work week).
Not only are you eligible for probation, but Illinois law recommends it: “the court shall impose a sentence of probation or conditional discharge upon an offender unless, having regard to the nature and circumstance of the offense, and to the history, character and condition of the offender, the court is of the opinion that: his imprisonment or periodic imprisonment is necessary for the protection of the public; or probation or conditional discharge would deprecate the seriousness of the offender’s conduct and would be inconsistent with the ends of justice.” 730 ILCS 5/5-6-1(a).
If your Blood Alcohol Concentration was over .16 during your third DUI, then you must serve a minimum of 90 days jail and a pay a minimum fine of $2,500. 625 ILCS 5/11-501(d)(2)(B). Both this and the conditions on the last paragraph apply.
If you were transporting a child under the age of 16 at the time of the third DUI, then the judge will order you to pay a mandatory fine of $25,000 and complete 25 days of community service in a program benefiting children.
What is the sentencing range for your fourth, fifth, sixth, and subsequent DUI in Illinois?
After your third Driving Under the Influence of alcohol, you can no longer receive probation. The only sentence you will receive is the Illinois Department of Corrections.
If this is your fourth DUI, then you are looking at a class 2 felony with a mandatory prison sentence of 3 to 7 years IDOC. On your fifth DUI, you are looking at a class 1 felony with a mandatory prison sentence of 4 to 15 years IDOC. And on your sixth or subsequent DUI, you are looking at a class X felony with a sentencing range of 6 to 30 years IDOC. 625 ILCS 5/11-501(d)(2)(C)-(E).
What turns a DUI into an aggravated driving under the influence?
There are 11 ways to turn a DUI into an Agg. DUI:
- This is your 3rd or subsequent DUI (class 2 felony);
- You were driving a school bus with one or more passengers on board (class 4 felony);
- You were in a car accident that caused great bodily harm, permanent disability, or permanent disfigurement (class 4 felony);
- You have a prior reckless homicide or DUI that caused great bodily harm, permanent disability, or permanent disfigurement (class 3 felony);
- You were in a motor vehicle accident that cause bodily harm in a school zone (class 4 felony);
- You were in an accident that caused the death of someone (class 2 felony);
- Your license was revoked or suspended as a result of a DUI (class 4 felony);
- You did not have a valid driver’s license, driving permit (class 4 felony);
- Your car did not have valid insurance (class 4 felony);
- You were involved in a motor vehicle accident, and a minor passenger of yours was injured (class 4 felony);
- A second DUI while driving a minor under the age of 16 (class 4 felony); or
- You commit a DUI while working as a driver for hire (class 4 felony).
Can I get court supervision on my DUI case?
Court supervision is only available for first-time offenders. You cannot receive supervision if this is your second or subsequent DUI. 730 ILCS 5/5-6-1(d). Court supervision is a great resolution on Driving Under the Influence cases because it is not a conviction. As a result, the Secretary of State does not revoke your driving privileges.
Can I get probation on my DUI case?
Getting probation as a resolution to your case is only possible on your first, second and/or third DUI. Under Illinois law, you cannot receive probation on your fourth or subsequent DUI charge. 625 ILCS 5/11-501(d)(2)(C)-(E).
NOTE: If you are eligible for probation or non-reporting probation (also known as conditional discharge), then you should check the answers above to see if probation will come with a mandatory jail sentence. You should speak to a DUI lawyer to see if any of the mandatory jail sentences apply on your case.
What percentage of your sentence will you serve on a Felony DUI?
Driving Under the Influence is a 50% sentence. Illinois Truth-In-Sentencing law states: “the rules and regulations shall provide that a prisoner who is serving a term of imprisonment shall receive one day of sentence credit for each day of his or her sentence of imprisonment.” 730 ILCS 5/3-6-3(a)(2.1). If the judge sentences you to 4 years in the Illinois Department of Corrections, then the most you would actually serve is 2 years assuming you do not receive any other credits.
How long is the mandatory supervised release or parole period?
For Class 3 and 4 DUI cases, a person sentenced to the Illinois Department of Corrections will not have a mandatory supervised release period unless the Prisoner Review Board, based on a validated risk and needs assessment, determines it is necessary for an offender to serve a mandatory supervised release term. If the Prison Review Board decides to put you on Mandatory Supervised Release, the maximum period will be 1 year. 730 ILCS 5/5-8-1(d)(3).
For Class 1 and 2 DUI cases, the mandatory supervised release period is 1 year. 730 ILCS 5/5-8-1(d)(2).
And for Class X DUI cases, the mandatory supervised release period is 1.5 years (18 months). 730 ILCS 5/5-8-1(d)(1.5).
What is a Drug Recognition Expert or Drug Recognition Examiner (D.R.E.)?
A drug recognition expert or drug recognition examiner is an officer who has receive extensive training to recognize impairment in drivers under the influence of drugs other than, or in addition to, alcohol. That training includes:
- 16 hours of DRE Pre-School;
- 56 hours of DRE School; and
- 40 to 60 hours of DRE Field Certification.
Drug Recognition Experts or Drug recognition examiners are able to:
- Determine if an individual is under the influence of a drug or drugs other than alcohol, the combined influence of alcohol and other drugs, or suffering from an injury or illness that produces similar signs to alcohol/drug impairment;
- Name the seven drug categories and recognize how those categories would induce the observable signs and symptoms of impairment;
- Describe and properly administer the psychophysical and physiological evaluations used in the DRE procedures;
- Prepare a narrative drug influence evaluation report; and
- Testify based on their training and experience.
How do DUI Lawyers keep a DUI conviction off of your record?
There are several ways to keep a conviction for this offense off your criminal record. Here are some of the ways:
Ways a DUI Lawyer beats a case at trial?
If you are charged under section 11-501(a)(1) or (a)(7); then the State must have some kind of chemical test showing that you were over the legal limit. In most circumstances, you must challenge (1) that you were driving or in actual physical control of any vehicle, or (2) that there was an issue with the validity of the chemical testing. Claiming that you were not buzzed is not a defense to DUIs under section 11-501(a)(1). The Illinois Supreme Court has and has ruled that actual impairment of the ability to drive a vehicle is not an element of the offense. People v. Ziltz, 98 Ill.2d 38 (1983).
If you are charged under (a)(2) through (a)(6), then the State does not have a chemical test showing that you were over the limit. In those scenarios, the State must prove that as a result of drinking any amount of alcohol, you were so impaired as to reduce his ability to think and act with ordinary care. People v. Schneider, 362 Ill. 478 (1936). Unlike DUIs under section 11-501(a)(1), lack of impairment IS an appropriate defense to DUIs under section 11-501(a)(2) through (a)(6)!
How does a DUI Lawyer beat a case with a motion?
Challenge the stop. A traffic stop is a seizure of your person, so your 4th Amendment protection against unreasonable searches and seizures applies. If the officer did not have a legally basis for stopping you, then your lawyer should file a motion to suppress.
Challenge the arrest. The officer must have probable cause to arrest you. If you remained silent, did no tests, and did not blow on the preliminary breath test, then the police might have very little evidence to arrest you. If their goal was to arrest you first and gather evidence through an evidentiary breath test second, then your lawyer should once again file a motion to suppress.
How do DUI Lawyers keep a conviction off your record through a plea agreement (Reduction on the Charge)?
Although rare, prosecutors sometimes clear cases by giving defendants “a bargain.” If you completed the DUI evaluation, the DUI classes, the Victim Impact Panel, and/or a Defensive Driving Course, prosecutors could amend your DUI charge to reckless driving. Before going through all those steps, you should know that some jurisdictions are tougher on DUIs than others, and those counties will not amend the charge to reckless driving. To get this reduction really depends on the State’s Attorney’s policies, the prosecutor in your courtroom, your judge, and your criminal history.
Other Legal Guides
If you are looking for information about:
- Driving with a Suspended License, then check out our guide to Driving While License Suspended cases in Illinois.
- Possession of a Controlled Substance, then check out our guide to Possession of a Controlled Substance cases in Illinois.
- Speeding, then check out our guide to Speeding cases in Illinois.
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Lastly, I hope this guide of free legal education was helpful. #notlegaladvice. If you found this article helpful, then consider giving us a review on Google! And if you have specific questions about your case, give me a call.
