You are not considered intoxicated but can still be charged with DUI if your BAC is above 0.05 but below 0.08 if you are still somehow impaired.
Having a BAC of above 0.16% is considered "driving while under the extreme influence" and comes with harsher penalties than those for a normal DUI range.
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. 'Court supervision' may be ordered by the judge instead. What this entails varies from case to case, but usually involves community service, and mandatory alcohol treatment. Compelling evidence is typically required in order for court supervision to be imposed. You will not be given another chance if you are charged with DUI again.
If it is your second time offending, your license will be suspended for at least 5 years if the offense took place within 20 years of your first.
The suspension period is typically longer for those holding an Illinois commercial driver's license (CDL) .
If charged with DUI, you may be fined and/or go to jail in addition to having your license suspended. After your first offense, you can be fined up to $2,500, spend up to a year in jail, be assigned mandatory community service and have to install an ignition interlock device on your vehicle. If you are a second-time offender, you'll definitely have to install an ignition interlock device and will face a longer community service period.
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 fourth offense comes with a lifetime driving ban.
You will go to jail without probation or conditional discharge if charged with driving under the extreme influence after a fourth offense. This is in addition to the same penalties for DUI and aggravated DUI.
DUI with child endangerment can also be charged. In this charge, a child is someone in the car under 16. Penalties for a first-time offense include 25 hours community service, a fine of up to $2,500, a one-year license suspension and 6 months in jail. If you are charged a second time (or greater), you'll face up to 3 years in jail, a fine of at least $2,500 and have your license suspended for five years.
If you or a loved one has been arrested in Chicago for a DUI, you must talk to a somekeyword as soon as possible. As you can see, there are many facets to developing a successful defense strategy and it's extremely difficult, if not impossible, to go it alone. When looking for legal counsel to properly represent you, seek out a somekeyword who specializes in drunk driving defense. This will give you the best possible chance for success.
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