DUI In Illinois

A DUI in Illinois is a misdemeanor unless it is a 3rd offense or more within a 5 year period, the defendant's license is suspended, or there is a child in the car, in which case would be considered a felony. The legal limit in Illinois is 0.08. A BAC of 0.150 or higher leads to the extra charge of Extreme DUI, which carries much tougher penalties according to Illinois DUI law.

For people driving a commercial vehicle which needs a CDL, the legal limit is 0.04. For "minors" under 21 years of age, any measurement of alcohol in the system is illegal. A DUI in Illinois has a national reputation as among the nation's roughest, and for good reason. A first offense extreme DUI carries a least sentence of 30 days in jail, 20 of which can be suspended under certain rules (which in Maricopa County usually means that a first-time offender will serve at least 10 days in Sheriff Joe's tent-city).

Every year the DUI Laws in Illinois become more severe, either through judge-made case law, or through law promoted by groups such as MADD and prosecutors.

The law in IL now provides that the police officer has the choice of whether you will be asked to give to a blood, breath or urine test to gauge the content of alcohol or drugs in your body. The law plays a trick on DUI in Illinois suspects, in that police officers must tell the DUI suspect that he/she has a right to refuse the chemical test. You do have a right to refuse, but the reality of that "right" is offset by the harsh reality that if you do refuse the officer will almost always get a search permit and force a blood test.

In suspected DUI cases in Illinoisinvolving narcotics, the officer may be able to force a urine sample, which means forcibly putting in a catheter if necessary.