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 your BAC shows you are intoxicated and you are over 21, your penalty will be a 12-month license suspension. Offenders under 21 get a 2-year license suspension.
However, you should note that a court may chose not to impose a license suspension for first-time offenders. A judge may impose 'court supervision' instead. The specifics of this supervision will vary from case to case but can include things like mandatory alcohol treatment or community service. Court supervisions are generally only imposed because of compelling evidence, and if you are charged with DUI again you will not be given another chance.
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) .
In addition to license suspension, if charged with DUI you may face jail time, and/or a fine. 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. Penalties for a second offense include longer community service periods and mandatory installation of an ignition interlock device.
A DUI charge a third time (or greater) is called 'Aggravated DUI'. Not only will you be fined up to $25,000 and spend 3-7 years in jail, you will have a minimum 10-year driving ban. You'll be banned from driving for life after a fourth DUI charge.
A charge of driving under the extreme influence comes with the same penalties as a DUI or aggravated DUI charge but you will go to jail without probation or conditional discharge after a fouth offense.
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. 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.
To find out how the DUI laws in Chicago work, it's imperative that you discuss your case with a somekeyword right away. As you can see, there are many facets to developing a successful defense strategy and it's incredibly tough, if not impossible, to go it alone. If you find yourself in need of a DUI defense attorney, you really should hire a somekeyword who specializes in drunk driving defense. This will give you the best possible chance for success.
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