Chris Gramm, Attorney at Law

820 E. Grove St.
Bloomington, IL 61701

Tel: 309-275-6677
Fax: 309-663-6164

DUI Information

Breathalizer test for DUI arrestDriving Under the Influence (DUI) is defined as operating or being in actual physical control of a motor vehicle while impaired by alcohol, other drugs or intoxicating compounds. In Illinois, a driver is legally considered to be under the influence if he/she has a blood-alcohol concentration (BAC) of .08 percent or greater, has used any illegal substance, or is impaired by medication. A driver's BAC is based on the ratio of alcohol to blood or breath. However, an individual showing alcohol levels less than .08 percent may be found guilty of DUI if additional evidence determines that the driver was impaired. Last year more than 880 DUI arrests were made in McLean County alone.

DUI is a Class A misdemeanor punishable by up to 364 days in jail and a $2,500 fine for first offenders with no aggravating factors. If aggravating factors, such as multiple convictions, accident with severe injuries, driving without a license or insurance, are present, the State's Attorney may file felony charges. Certain felony DUI charges are non-probationable, meaning that the judge must impose a prison sentence upon a finding of guilt.

Aside from fines, jail and prison, loss of driving privileges is another significant penalty arising from DUI. A Statutory Summary Suspension is an administrative procedure providing for the automatic driver's license suspension of a driver arrested for DUI who fails chemical testing (a test showing a BAC of .08 percent or more or any amount of cannabis, controlled substance or intoxicating compound) or who refuses to submit to or fails to complete testing. Summary suspensions are automatic, effective on the 46th day from the notice date of the suspension. The SSS will last for a minimum of six months if the blood alcohol content is above .08 or a minimum of one year if the motorist refuses to give a breath or blood sample. This suspension of driving privileges does not take the place of criminal penalties for a DUI conviction. An offender may request a judicial hearing to challenge the legality of an arrest by filing a petition to rescind the suspension; however, the request does not stop the suspension from taking effect. A Monitoring Device Driving Permit (MDDP) may be available to qualifying offenders after the first 30 days of the suspension period if they have a Blood Alcohol Ignition Interlock Device (BAIID) installed. A Revocation of the offender's driving privileges will be entered upon conviction for DUI. A Restricted Driving Permit (RDP) must be obtained from the Illinois Secretary of State to allow persons convicted of DUI to driving during the revocation period.

As if fines, jail, prison and loss of driving privileges were not enough, police may impound or even seize a vehicle used in a drunk driving incident. It is common practice for police to use municipal towing ordinances such as Bloomington's to impound an offender's vehicle. The offender must then wait the required amount of time and pay an impound fee to get their vehicle released. The impound fee may be returned upon an acquittal. A seizure may occur after some felony DUIs. If your vehicle is seized, you must quickly act to protect your rights.

DUI law in Illinois has many twists and turns. Hire an experienced criminal defense attorney with experience handling DUI arrests to guide you through your case. Call Chris Gramm, Attorney at Law, for a free consultation at 309-275-6677.

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Contact Chris Gramm, Attorney at Law for a free consultation or call now: (309) 275-6677. Chris represents clients in Bloomington, Normal, McLean County, and throughout central Illinois.