Illinois DUI Laws

You've just been arrested for a DUI in Illinois. Now you are looking at your citation, trying to figure what the heck is going on according to Illinois DUI Laws. Why are they charging you with two or more counts of DUI when you were only arrested once?

Most DUI charges will contain a citation. Usually they will contain two. Under this law, there are two common DUI charges:

1) driving while impaired to the slightest degree, and

2) driving with an alcohol content of 0.080 or higher within 2 hours of driving. Also included are the charges of driving a commercial vehicle in Illinois with a banned BAC content, and driving with a banned drug or its metabolite in your system.

Besides, you may note an extreme DUI charge referenced to the citation. This is charged when your alcohol content is a 0.150 or higher within 2 hours of driving. Don't panic, just because it is a DUI doesn't mean it is a felony under most circumstances according to Illinois DUI Laws.

Illinois DUI Laws are a complex web of Judge-made case-law, legislative made Statutes and Administrative Code. The law encompasses decisions both in Illinois Courts, and in other courts on a national level up to the Supreme Court of the United States. Like all law, it is only good until it is amended by legislative act, or interpreted by Judges in a reported case.

Many people think that the drinking and driving laws in Illinois are cut and dry. This couldn't be further from reality. DUI law is fluid and living, and the next challenge to the validity of any part of the law, or the "science" that forms the backbone of most DUI evidence is always just around the corner. Looked at from the right angle, your case probably isn't as bad as it seems.

A normal, first offense Illinois DUI arrest is a misdemeanor. Still, there are certain factors that can make even a first offense a Felony. These circumstances according to Illinois DUI Laws include:

1. The presence of a minor child in the vehicle;

2. A suspended or revoked driver's license.