According to Chicago, Illinois law, BAC (blood alcohol concentration) is what determines a DUI (driving under the influence) charge. 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.
If your BAC is above 0.16 percent, you are classed as -driving while under the extreme influence' and will be subject to harsher penalties than a normal DUI charge.
Penalties for being guilty of DUI depend on your circumstances. For someone over 21 who is found to be intoxicated by a BAC test, his license will be suspended for at least 12 months. The penalty is a 2-year suspension for someone under 21.
First-time offenders may not get a license suspension however. An alternative to license suspension is 'court supervision'. This could include community service, mandatory alcohol treatment, etc., and varies by case. 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.
Your license will be suspended for five years after a second offense if your first offense was less than 20 years prior.
If you hold an Illinois commercial driver's license (CDL), you will be subject to harsher penalties, and a court will likely extend the duration of your suspension period.
If charged with DUI, you may be fined and/or go to jail in addition to having your license suspended. Penalties for a first-time offender can include a fine of up to $2,500, a year in jail, community service and installation of an ignition interlock device. 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 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.
Lastly, you could be charged with DUI with child endangerment if a child under the age of 16 is in the car with you. 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. Penalties for a second, or greater, offense include a fine of up to $2,500, a license suspension of five years and up to 3 years in jail.
To find out how the DUI laws in Chicago work, it's crucial that you discuss your case with a somekeyword as soon as possible. Obviously, the laws are complex and make it near impossible to form a successful defense strategy without professional assistance. If you find yourself in need of a DUI defense attorney, you really should hire a somekeyword who focuses his practice on drunk driving defense. You are more likely to have a successful outcome if you hire an attorney with this type of expertise.
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