Driving Under the Influence (DUI): Managing Punishment & Penalties
What is a DUI?
Generally, a DUI is the crime of driving a motor vehicle while impaired by alcohol or other drugs to a level that renders the driver incapable of operating a motor vehicle safely. The exact definition of a DUI varies from state to state. In Illinois, a DUI covers all types of impaired driving, from driving drunk to driving under the influence of drugs (whether prescribed or illegal). If your blood-alcohol concentration (BAC) is 0.08% or higher, you are considered legally drunk, and it is illegal for you to drive. However, if you are driving with a BAC between 0.05% and 0.08%, you may still be cited for a DUI if your behavior suggests you are impaired, which is at the discretion of the officer citing you.What are the penalties for a DUI?
In all states, the first DUI is typically classified as a misdemeanor, and can punishable by up to six months in jail or even more for a driver whose BAC is well above the legal limit. Subsequent DUI charges can often result in increased jail time. For a DUI that has been classified as a felony—typically because someone was injured or killed or because of a repeat offense—terms of imprisonment may be several years.In addition to jail sentences, courts usually impose significant fines for DUI charges. These range from $500 to as much as $2,000. These fines, in addition to bail, bond, attorney’s fees, court-ordered assessments, remedial education or treatment programs, and increased insurance premiums, can easily cost even a first-time offender more than $20,000.
Additional, non-monetary penalties can include having your driver’s license suspended for a substantial period of time (either by court order or mandate of the state motor vehicles department), confiscation of the car or cancellation of its registration, a mandatory ignition interlock device attached to the car, alcohol counseling and prevention programs, treatment for alcohol abuse, assessment of a person for possible alcohol or drug dependency or addiction, and community service or victim restitution.
What to do to defend a DUI?
In order to prove a DUI, the prosecution must prove two main things: 1) the offender drove a vehicle; and 2) while operating the vehicle, the offender was “under the influence” of alcohol and/or a drug. A defense to a DUI can include anything that proves one or both of these two elements wrong. Typical defenses to a DUI include: the officer did not have probable cause to stop the vehicle (i.e. the officer pulled the driver over for no legitimate reason); the officer did not have probable cause to make the arrest (i.e. the officer had no legitimate reason to believe the driver was impaired); and/or the driver was not provided with his/her Miranda rights when arrested.A DUI is a very serious offense, which can involve jail time and other significant penalties. If you have questions or need assistance related to a DUI, find an experienced DUI lawyer by quickly posting a short summary of your legal needs on Legal Services Link, and let the perfect lawyer come to you!
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Posted - 12/18/2016
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