Aggravated Driving Under the Influence (DUI) in Illinois

Although driving under the influence (DUI) of alcohol or drugs is a dangerous activity in every circumstance, certain situations are more extreme than others. When a driver exhibits such reckless behavior, he or she could face criminal charges for aggravated DUI.

For readers interested in reviewing Illinois laws and penalties for standard DUIs, please do not hesitate to check out this recent blog post from The Prior Law Firm — How Does Illinois Define and Penalize Driving Under the Influence?

Circling back to the subject of aggravated DUI, the following sections will provide an overview of important definitions and penalties under Illinois law.

What is the Illinois Definition of Aggravated DUI?

The Illinois definition of aggravated DUI appears in 625 ILCS 5/11-501. The aggravated version of this offense applies when a driver commits a DUI under specific circumstances. Under 625 ILCS 5/11-501, a regular DUI becomes an aggravated [...]

Written by on December 14, 2018

How Does Illinois Define and Penalize Driving Under the Influence?

Driving under the influence (DUI) of alcohol or drugs is one of the most common criminal offenses in Illinois. Once a driver loses the ability to operate a vehicle carefully — and thus poses a threat to other people or property — then it may qualify as a DUI offense under Illinois law.

What is the Definition of DUI in Illinois?

Under 625 ILCS 5/11-501, it is unlawful to operate a vehicle in Illinois while intoxicated or impaired and incapable of driving safely. Specifically, it is illegal for a driver to operate any vehicle while under the influence of:

    Alcohol with a blood-alcohol concentration (BAC) is 0.08 or more; Any intoxicating compound or a combination of intoxicating compounds; Any drug or a combination of drugs; or A combination of alcohol, drugs, or intoxicating compounds.

That being said, Illinois law does carve out an exception for medical marijuana. If a [...]

Written by on October 19, 2018

How to Obtain a Restricted Driving Permit After an Illinois DUI

When a person is convicted of driving under the influence (DUI) of alcohol or drugs in Illinois, there is a mandatory period of driver’s license suspension. The convicted DUI offender is not allowed to drive a car or operate other vehicles for a certain amount of time. This suspension period can apply to commercial drivers, as well.

That being said, Illinois law recognizes that certain people need to drive for work or medical reasons. As a result, it is possible for a convicted drunk driver to receive a restricted driving permit (RDP). These permits allow a DUI offender to drive for approved reasons and under limited conditions.

Who is Eligible for an RDP?

As outlined by the Illinois Secretary of State, the offender must demonstrate undue hardship to be eligible for an RDP. Specifically, the offender must show that they need to drive for:

    Employment reasons; Medical reasons; Child,
[...]

Written by on September 14, 2018

Breath Alcohol Ignition Interlock Devices (BAIIDs) in Illinois

There are approximately 12,000 people in Illinois currently driving with a breath alcohol ignition interlock device (BAIID). These devices monitor former DUI offenders to prevent further episodes of drunk driving. To gain a clear understanding of this legal requirement, the following sections will explore several frequently asked questions about BAIIDs in Illinois.

What is a Breath Alcohol Ignition Interlock Device (BAIID)?

These devices are installed on a motor vehicle’s ignition system. In order to start the vehicle, the driver must register a test of their blood-alcohol concentration (BAC). If the BAIID fails to register a test — or registers a BAC of 0.025 or more — then the motor vehicle will not start.

After the initial test, the BAIID requires the driver to submit additional BAC tests at random times. If the driver fails to register or exceeds the established BAC limit, then the car will stop working properly.

A [...]

Written by on July 6, 2018