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A DUI Attorney in Chicago Discusses DUI Laws by Subrata Jana





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A DUI Attorney in Chicago Discusses DUI Laws by
Article Posted: 01/27/2012
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A DUI Attorney in Chicago Discusses DUI Laws


 
Law
Your BAC (blood alcohol concentration) is what determines if you'll be charged with a DUI (driving under the influence) in Chicago, Illinois. You are legally "intoxicated" and will be charged with DUI if your BAC is measured by police at 0.08% or higher.

If the police can prove that you are impaired, even if your BAC is below 0.08 (but above 0.05), you can still be charged with DUI.

Harsher penalties apply if your BAC is higher than 0.16% in which case you will be charged with "driving while under the extreme influence."

Each case's circumstances determine DUI penalties. If you take a BAC test and are found to be intoxicated, your license will be suspended for a minimum of 12 months, if you are over 21 years of age. A minimum 2-year suspension for offenders under 21.

If this is a first-time DUI, the court might not suspend the driver's license. A judge may impose 'court supervision' instead. What this entails varies from case to case, but usually involves community service, and mandatory alcohol treatment. If you are charged with DUI a second time, you will not be given another chance; compelling evidence is needed for a judge to impose court supervision.

Penalty for a second offense is a minimum 5-year license suspension if your first offense was less than 20 years ago.

The suspension period is typically longer for those holding an Illinois commercial driver's license (CDL) .

You may also go to jail and/or be fined if charged with a DUI, in addition to having your license suspended. If you are a first-time offender, your penalties can include: mandatory community service, a jail term of up to a year, a fine of up to $2,500 and you may have to install an ignition interlock device on your vehicle. For a second-time offense, you can face community service periods longer than that for a first-time offense and you will definitely need to install an ignition interlock device.

A third (or subsequent) DUI charge is called 'Aggravated DUI' and penalties include a 3-7 year jail term, a fine of up to $25,000 and a minimum 10-year driving ban. A lifetime driving ban results from a fourth DUI charge.

Driving under the extreme influence carries the same penalties as DUI and Aggravated DUI, except a fourth offensive carries a jail term with no probation or conditional discharge.

Finally, if you are charged with DUI and there is a child (under 16) in the car with you, you will be charged with DUI with child endangerment. You can spend 6 months in jail, be fined up to $2,500, be assigned 25 hours of community service and have your license suspended for a year after your first offense. Second-time (or greater) offenders face up to 3 years in jail, a 5-year license suspension, and a fine of at least $2,500.

If you or a loved one has a DUI arrest in Chicago, it's imperative that you speak with a DUI Lawyer in Chicago as soon as possible. As you can see, there are many things that must be considered when developing a successful defense strategy and it's extremely tough, if not impossible, to go it alone. When looking for an attorney to properly represent you, you need to find a DUI Attorney in Chicago who specializes in drunk driving defense. Having this type of expertise on your side can only help you with your case.Chicago DUI attorney Chicago DUI lawyer Chicago DUI law attorney

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