What is DUI?
A: “DUI” refers to that section in the Illinois Vehicle Code located at 625 ILCS 5/11-501, et. seq., which makes it a crime to drive or be in actual physical control of a motor vehicle while under the influence of alcohol or any other drug, rendering one incapable of driving safely.
Q: What are the possible consequences of a DUI?
A: If a person is charged with a misdemeanor, they could receive a sentence of up to 364 days in jail, a $2,500.00 fine, or both. One could be sentenced to probation or brief supervision. A judge can require you to attend Victim Impact Programs, be assessed and complete any required alcohol counseling, perform community service. If you are charged with a felony, all of the above consequences may apply, but there may be a term of incarceration in the Illinois Department of Corrections.
Q: Will my driver’s license be suspended?
A: Yes. Due to the law and the “Implied Consent” statute, your driver’s license could be suspended from 6 months to two years depending on the breathalyzer and your prior driving record. (See 625 ILCS 5/11-501 and 625 ILCS 5/6-208.1) “Implied consent” means your agreement to take a breathalyzer, when requested by police, while driving on a public road.
Q: Has the DUI law changed recently?
A: Yes, the Illinois Legislature has enacted important changes that alter Judicial Driver’s Licenses. Individuals are now required to have a Breath Alcohol Ignition Interlock Device (BAIID) installed in their vehicle if they wish to drive while pending the summary suspension. People can now apply for a Monitoring Device Driver’s Permit (MDDP). The total costs of the MDDP permit can be very high.
Q: What is a “statutory summary suspension”?
A: The law requires that your driving privilege be summarily suspended after you fail or refuse to take a breath test, until the time set by law expires. This suspension takes effect on the 46th day after the arrest.
Q: Can a statutory summary suspension be avoided?
A: Yes, by winning a Motion to Rescind the Statutory Summary Suspension. You must file a Petition to Rescind the Statutory Summary Suspension
Q: What is meant by “the hard thirty days”?
A: That even if you get an MDDP, you still can’t drive for the first thirty days after the 46th day after the arrest.
Q: What is a summary suspension hearing?
A: A judge listens to the evidence to determine if the police followed the law. There are four grounds to challenge the suspension. If the police violated any of these grounds, the suspension may be rescinded.
Q: How is a summary suspension hearing different from a trial?
A: In a Motion to Rescind Summary Suspension Hearing, the defendant has the burden of proof. It is easier for the State to win a legal stay hearing and there cannot be a jury. But, there are tactical reasons for holding hearings.
Q: What does a “motion to quash” hearing mean?
A: Similar to a motion to rescind a hearing, this is an opportunity to “vacate” or suppress certain evidence from a later trial. This can provide other tactical advantages for the defense.
Q: How is a Motion to Vacate the Hearing different from a Summary Suspension Hearing or a Trial?
A: The issues are very similar, however the investigation into probable cause stops at the time of arrest.
Q: What is meant by “implied consent”?
A: Found at 625 ILCS 5/11-501.1, the law says that if you drive, you allow the government to take a sample of your blood, breath, or urine to determine alcohol content. Failure to submit to these samples will result in the loss of driving privileges.
Q: What is the legal blood/alcohol content limit in Illinois?
A: 0.08% blood alcohol concentration.
Q: What kinds of things do the police look for when patrolling for DUI?
A: Simply put, they are looking for unusual driving patterns, such as zigzags, speeding, wide turns, quick stops, and dozens of other inappropriate driving patterns.
Q: After the police make a traffic stop, what behaviors do they look for in the driver of a motor vehicle?
A: They will ask for your driver’s license and proof of insurance, and will look at your motor skills and ability to retrieve these items. They will look for a smell of alcohol, watch your eyes, and note any redness or glassy quality. The officer will engage in a conversation to determine if he has difficulty speaking. The officer may ask where he is going and where she is coming from and ask if he has had anything to drink.
Q: What are “field sobriety tests”?
A: Physical “exercises” designed to test motor skills, coordination, balance, and the ability to follow directions.
Q: Can I refuse to submit to field sobriety tests?
A: Yes.
Q: What is a “portable breath test” or PBT?
A: A handheld device, which the officer can ask the driver to blow into, that measures one’s alcohol content.
Q: Can I refuse to take a portable breath test?
A: Yes.
Q: Is a portable breath test admissible in a criminal trial?
A: No, these tests are inadmissible because they are not reliable. However, they may be admissible at an SSS hearing.
Q: If I am arrested for DUI, what next?
A: You will be transported to the police station, a series of questions, fingerprints, photographs, and the opportunity to blow into a breathalyzer.
Q: Can someone be arrested for DUI even if they are not drunk?
A: Yes, the standard is if one is “impaired” by alcohol, and it is the officer’s reasonable belief that is tested to determine probable cause.
Q: Can a person be arrested for a DUI even if they are not driving?
A: Yes, a person only needs to be in “actual physical control” of a motor vehicle. For example, he could be sitting behind the wheel in a parking lot with the engine off and the radio on, and the law may consider him in “physical control” of the car even though he’s not driving.