What is the process of handling a DUI or drunk driving charge in Illinois?
In Illinois, the process of handling a DUI (Driving Under the Influence) or drunk driving charge involves several steps, from the initial traffic stop to potential court proceedings and penalties.
Here’s an overview of the typical process:
Traffic Stop
A police officer may stop a vehicle if they observe signs of impaired driving, such as erratic driving, speeding, or other traffic violations.
Field Sobriety Tests
The officer may conduct field sobriety tests (FSTs) to determine if the driver is impaired.
These tests might include:
- Horizontal Gaze Nystagmus (eye movement test)
- Walk-and-Turn
- One-Leg Stand
Preliminary Breath Test (PBT)
The officer might ask the driver to take a preliminary breath test using a portable breathalyzer. The results of this test can be used to establish probable cause for arrest.
Arrest
If the officer has probable cause to believe the driver is impaired, they will arrest the driver and transport them to the police station.
Chemical Testing
At the station, the driver will be asked to take a chemical test (breath, blood, or urine) to measure their blood alcohol content (BAC). Illinois has an implied consent law, meaning drivers are required to submit to these tests or face automatic penalties.
Booking and Bail
The driver is booked and may be held in custody. They might be released on bail or their own recognizance, depending on the severity of the charge and their criminal history.
Administrative License Suspension
If the driver’s BAC is 0.08% or higher, or if they refuse to take the chemical test, their driver’s license will be automatically suspended:
First Offense – 6-month suspension for a BAC of 0.08% or higher; 12-month suspension for refusal to take the test.
Subsequent Offenses – 1-year suspension for a BAC of 0.08% or higher; 3-year suspension for refusal to take the test.
The driver can request a judicial hearing to challenge the suspension.
Court Proceedings
The driver will be scheduled for a court appearance to face the DUI charges. The process typically involves:
Arraignment: The driver is formally charged and enters a plea (guilty, not guilty, or no contest).
Pre-trial Motions: The defense and prosecution may file motions (e.g., to suppress evidence).
Trial: If the case goes to trial, both sides present evidence and arguments. The judge or jury then delivers a verdict.
Sentencing
If the driver is convicted, the court will impose penalties, which may include:
Fines: Typically ranging from $500 to $2,500 for a first offense.
Jail Time: Up to 1 year for a first offense, longer for subsequent offenses.
Community Service: Often required as part of the sentence.
Probation: The driver may be placed on probation with conditions such as attending DUI education programs.
Ignition Interlock Device (IID): The driver may be required to install an IID in their vehicle.
License Reinstatement
After serving the suspension period and fulfilling all court requirements, the driver can apply for license reinstatement. This typically involves:
Paying Reinstatement Fees: Fees vary depending on the number of offenses.
Providing Proof of Insurance: The driver must file an SR-22 form (proof of financial responsibility).
Completing DUI Education Programs: The driver must complete state-approved alcohol education and treatment programs.
Ongoing Consequences
A DUI conviction can have long-term consequences, including increased insurance rates, a criminal record, and potential employment issues.
Each case is unique, and the specific process and outcomes can vary based on the circumstances of the arrest and the driver’s prior history. Legal representation is strongly advised for anyone facing a DUI charge in Illinois.
