Apr 18, 2014

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Understanding DUI Laws With A Criminal Attorney In Hyde Park

The state of Illinois does not separate DUI charges based on the substance that caused the driver’s impairment. Both drug and alcohol traffic offenses are included in the same charge. As a state that allows medicinal use of marijuana, laws prohibit individuals with this right from driving while under the drug’s influence. These laws further prohibit transportation of the drug outside of tamper-free packaging. Failure to comply with the law could result in not only a DUI charge but additionally, possession of a controlled substance. Anyone charged with DUI or possession should consult a Criminal Attorney in Hyde Park.

Suspension Statutes

At any time that a driver suspected of DUI refuses to submit to chemical testing, it is assumed that he or she is over the legal blood-alcohol limit and is arrested immediately. In Illinois, all law enforcement officials have the right to stop any driver suspected of driving drunk or under the influence. Refusal to consent to or failing a breathalyzer test results in an immediate license suspension. Regardless of whether or not the charges are later dismissed, the suspension is upheld for at least forty-six days from the date of issuance.

Drivers who fail chemical testing and are convicted of DUI receive a license suspension for six months. Any further convictions within a five-year period result in a one-year suspension. If the driver refuses to take the test and is convicted, he or she receives an immediate one-year license suspension. Any additional charges result in suspension for three years.

The Secretary of State has initiated an administrative license revocation law. Through this law, he can revoke the driver’s license of any driver who caused a serious injury or fatality. After sufficient evidence proves in court that the driver was impaired and at fault, the Secretary of State can become involved and take this action against him or her.

Upon conviction, a first-time offender receives penalties based on all factors involved in his or her case. This implies that any blood-alcohol content that exceeds 0.16 results in one-year license suspension, $500 in fines, and no less than one-hundred hours of community-based service. Anyone charges with a DUI offense can Click Here to contact a Criminal Attorney in Hyde Park.

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