How Does Illinois Define and Punish DUI?

Across the State of Illinois and the United States, driving under the influence (DUI) of alcohol or drugs is a pervasive issue. Each year, DUI offenses cause an unfortunate amount of property damage, physical harm, and fatalities. To deter this type of behavior, Illinois features stringent laws against and harsh punishment for DUI offenses. 

What Qualifies as a DUI in Illinois?

625 ILCS 5/11-501 prohibits any person from operating a vehicle while under the influence of alcohol, drugs, or a combination of both. In this context, under the influence means that a person is incapable of safely operating a vehicle. This type of impairment can occur as a result of consuming any combination of:

    Alcohol; Pharmaceutical drugs; Illegal drugs; or Other intoxicating compounds. 

Section 11-501 also provides a specific level for intoxication due to alcohol. If a person registers a blood-alcohol concentration (BAC) of 0.08 or more, then he or [...]

Reinstatement of Suspended or Revoked Driver’s Licenses in Illinois

When a person commits certain moving violations in Illinois — especially serious ones like DUI and aggravated DUI — that person can lose driving privileges. Depending on what happened and the number of previous offenses, if any, the Secretary of State may require driver’s license suspension or revocation. While these two mechanisms are slightly different, they both prohibit a person from driving for a certain period of time. 

Reasons for License Suspension or Revocation

The reasons for driver’s license suspension or revocation in Illinois include but are not necessarily limited to:

    Driving Under the Influence (DUI) — Drivers who operate their vehicles while intoxicated or impaired can face license suspension or revocation.  Excessive Driver’s License Points — Drivers who accumulate too many points for moving violations, such as speeding or reckless driving, can face license suspension or revocation.  Graduated Driver’s License (GDL) Violations — Underage drivers with moving violations or

Two Illinois Men Face Separate Charges for Aggravated DUI

In separate incidents, Illinois authorities charged two men from McLean County with aggravated driving under the influence (DUI) of alcohol or drugs, according to an article by The Pantagraph.

The first incident occurred on November 28th in Bloomington. That is when a 58-year-old man from Bloomington allegedly committed his fourth DUI offense. As a result of this incident, the authorities charged the Bloomington man with two counts of aggravated DUI. He remains in custody in lieu of posting bail in the amount of $5,035. 

The second incident occurred on February 9th in McLean. That is when a 39-year-old man from McLean allegedly committed his third DUI offense. charged the McLean man with four counts of aggravated DUI. He remains in custody in lieu of posting bail in the amount of $2,035.

While both of these men await their day in court, it seems appropriate to review Illinois laws [...]

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

In the interest of public health and safety, Illinois law requires driver’s license suspension for any person convicted of DUI. In order to obtain a restricted driving permit, DUI offenders must generally install a breath alcohol ignition interlock device (BAIID) on their vehicle. These devices measure the driver’s blood-alcohol concentration (BAC) before allowing the vehicle to start. 

What are the Rules Associated With BAIIDs?

When a driver is required to install and maintain a BAIID, there are several overarching rules from an administrative standpoint. Specifically, Illinois Administrate Code Title 92 Section 1001.441 requires these drivers to:

    Refrain from operating vehicles without a BAIID installed; Take their vehicle to an authorized BAIID provider for installation within 30 days; Return to an authorized BAIID provider every 60 days for device calibration and data retrieval; Maintain a written log of any unsuccessful vehicle starts, running retests, or other problems; Bring their vehicle