Driving Under the Influence (DUI) Questions & Answers

How much alcohol must one consume to be driving under the influence in Illinois?

In Illinois, individuals can be charged with driving under the influence of alcohol, generally, or for having a blood alcohol content (BAC) level of .08 percent or more, or any or both. If you submitted to chemical testing of blood, breath, or urine, and the results showed a BAC level of .08 or more, you will likely be charged with DUI under both definitions. You are considered per se "under the influence" if the prosecution can prove that your BAC level at the time of arrest was .08 or more, regardless of how much you actually drank.

How one reaches a BAC level of .08 depends on one's weight, whether you have eaten, the amount you drank, what you drank, and over what period of time the alcohol was consumed. For example, a 170-pound male typically would have to consume more than four drinks in one hour on an empty stomach to reach a BAC of .08. A 135-pound female typically would have to consume three drinks in the same time frame.

If you have only been charged with the general offense of "driving under the influence," the prosecution does not need to show that your BAC level was .08 -- they only need to show that your driving was impaired as a result of drinking. This may be done through the testimony of an arresting officer. If a person submitted to field sobriety tests, the arresting officer will likely testify about the results of those tests as probative of one driving under the influence. If an individual admitted drinking to the arresting officer or if other evidence of drinking is found (such as open alcohol in a vehicle), that will also come out at trial.

We can help if you have been charged with DUI, regardless of the type of charge. Because it is the prosecution's burden to prove you guilty "beyond a reasonable doubt," we work with that standard to try to dismantle the prosecution's case against you.

Can I refuse to take a breathalyzer test?

Yes. However, in Illinois, failure to properly submit to a breathalyzer test, or any other chemical test of blood, breath, or urine, to determine the amount of alcohol, other prohibited drugs, or the combination of both in a driver's body, can result in a six (6) month driver's license suspension, for a first time offender, and a three (3) year license suspension for a repeat offender.

How long will my license be suspended if I am charged with a DUI?

If you are a first time offender, your license will be suspended for a minimum of three (3) months if you submit to testing and it shows a BAC of .08 or more or any prohibited drugs. If you are not a first time offender, submit to testing, and it shows a BAC of .08 or more or any prohibited drugs, your license will be suspended for a minimum of one (1) year.

A "first time offender" is someone never previously charged with a DUI, or it has been more than 5 years since any previous conviction or court assigned supervision for a DUI, or it has been more than 5 years since any previous suspension for submitting to, or refusing, testing to ascertain whether one was driving under the influence of alcohol or drugs.

If you are a first time offender, and do not submit to testing, your license will be suspended for a minimum of six (6) months. If you are not a first time offender, and do not submit to testing, your license will be suspended for three (3) years.

Under Illinois' zero tolerance law, any motorist under age 21 who submits to testing and has any alcohol concentration detected, will be suspended for three (3) months. A repeat offender under age 21 who submits to testing and shows a BAC of .01 or greater will be suspended for a minimum of one year.

When will my license be suspended?

The suspension for submitting to, and failing, blood alcohol or drug testing, or refusing to submit to any such testing, will go into effect on the 46th day after the date you are issued the Notice of Summary Suspension by the arresting officer. This Notice will typically be given to you by the arresting officer when you are processed at the police station for your DUI arrest. You will be required to pay a reinstatement fee to reinstate driving privileges at the end of the suspension period.

You can request a hearing within 90 days of receiving your Notice of Summary Suspension, to fight the suspension. There are limited grounds on which the suspension can be fought. This process is optional, and not part of your criminal DUI case. However, you should consult with an attorney to see whether it is a viable option in your situation.

Being found guilty, or pleading guilty, to a DUI charge, however, will result in the revocation of your license for at least one year.

I was charged with a DUI, but I need to drive to/for work/school. What can I do?

Our office can assist you. We can fight the DUI charges through trial, and if we prevail, our office can represent you before the Illinois Secretary of State in an attempt to get you a Restricted Driving Permit (RDP), to allow you to drive to and from work and/or school during any remaining suspension period.

If this is the first time that you have been charged with a DUI and there is nothing else suspending or revoking your license other than the statutory summary suspension, and pled or were found guilty of a DUI, we can petition the judge to provide a Judicial Driving Permit (JDP).

We can put together relevant evidence to present to the court and/or the Illinois Secretary of State at a hearing to obtain these forms of driving relief.