Illinois has a number of strict laws that are meant to keep the streets safe from reckless drivers. That includes drivers who are under the influence of alcohol and drugs while they are driving. In fact, the State of Illinois recently passed new laws that apply to those who have been found guilty of driving under the influence.
If you are charged with DUI in Chicago, a criminal defense attorney can help. The Law Offices of Jonathan Minkus have successfully represented clients under the new laws. Call us or contact us online if you have been charged with DUI in Chicago.
The aggravated DUI law was passed in 2017 and went into effect in the early part of 2018. The full text of the law can be found here. In essence, the law states that if an individual is found driving on a license that was either revoked or suspended due to a convict for aggravated DUI that resulted in a fatality, that person is guilty of another Class 4 felony. Additionally, that person is not eligible to have his or her license reinstated for another three years. On top of that, the individual will be jailed for a maximum of 30 days and will be required to complete 300 hours of community service.
If a person is convicted of driving on a suspended license a second time, he or she will face a mandatory prison sentence. They will not be eligible for probation or conditional discharge.
While the provisions of the new law address drunk driving accidents that led to fatalities, those who have had their licenses suspended or revoked in non-fatal accidents can still face jail time, major fines, and further suspension of their license.
In Illinois, you may not refuse a breathalyzer test or other means of determining your level of inebriation. If you do, your license will be automatically suspended for one year for the first offense. It goes up from there. You will stand a better chance of fighting the DUI in court than by refusing a sobriety test.
For those who are over the age of 21, the law considers you drunk if you have a BAC of .08 or higher. For commercial truck drivers, that number goes down to .04. For those under 21, the number goes down to 0%.
If this is your first offense, you can generally plead it down to a “wet reckless.” It will be much more difficult to do that if it is not your first time being pulled over. The laws get much stiffer for second and third convictions. Your Chicago DUI lawyer can help.
The Law Offices of Jonathan Minkus has successfully defended those charged with DUI in Chicago. Contact us by phone or online and we can discuss your options.
Senior Partner Jonathan Minkus has successfully defended individuals charged with every conceivable criminal offense, from traffic misdemeanors to death-penalty eligible homicides.