Schierer & Ritchie LLC provides expert legal support to fight DUI charges. Contact us for a free consultation.
Illinois is extremely strict when it comes to impaired driving. Before you get behind the wheel, familiarize yourself with the new DUI laws in Illinois. Following these laws could save your life, passengers’ lives, and future.
Contact Schierer & Ritchie LLC for a free and confidential consultation. Our results speak for themselves, and we are here to help you fight your DUI charges.
What Is DUI?
You are considered to be driving under the influence (DUI) if you operate a motor vehicle while impaired by alcohol or drugs. It’s important to note that you can get a DUI even if you are using legally prescribed medication or medicinal marijuana.
Blood Alcohol Content (BAC)
- Non-Commercial Drivers: Illinois law prohibits the operation of a vehicle with a BAC of 0.08% or higher.
- Commercial Drivers: The legal limit for commercial drivers is stricter, at 0.04%.
Zero Tolerance for Minors
Illinois has a zero-tolerance policy for minors who drink and drive. For individuals under 21, the legal BAC is 0.00%. Driving with any detectable alcohol in their system is a criminal offense and may result in a two-year license suspension.
Driving with Medical Marijuana
Illinois permits the use of marijuana for medicinal purposes. To use medicinal marijuana legally, you must obtain:
- A written prescription from an Illinois-certified physician.
- An Illinois Department of Public Health (IDPH) registration card.
Your registration with the IDPH will be noted on your driving record and accessible to law enforcement.
Driving Under the Influence of Marijuana
- Impairment: It is illegal to drive while under the influence of cannabis.
- Transportation: Medical marijuana must be stored in a sealed container and kept in an area of the car where the driver cannot access it, such as the trunk.
If law enforcement suspects impairment from marijuana, you must take a field sobriety test. Refusing or failing the test could result in losing your driver’s license. Additionally, driving under the influence or with an open container could lead to losing both your license and your medical marijuana card.
Aggravated DUI
Certain factors, known as aggravating factors, can elevate a DUI from a misdemeanor to a felony with much steeper penalties. Aggravating factors include:
- Repeat Offenses: Third and subsequent DUI convictions or second DUI convictions while transporting a child under 16.
- Related Offenses: Second DUI conviction following an alcohol-related homicide offense.
- Injury or Death: DUIs result in injury or death, with harsher penalties if the victim is a child under 16.
- Special Vehicles: DUIs while driving a school bus or vehicle-for-hire with passengers on board.
- School Zones: DUIs inflicting injury in a school zone.
- No License or Insurance: DUIs when driving without a license or liability insurance.
- New in 2019: DUIs involving driving a vehicle in the wrong direction at the time of arrest or crash.
Typically, a DUI is a class A misdemeanor in Illinois, punishable by up to one year in jail. However, an aggravated DUI is a felony with penalties that may include fines up to $25,000 and sentences up to 28 years in prison for multiple fatalities.
How to Get Out of a DUI in Peoria
If you have been charged with a DUI, it is crucial to select a defense attorney quickly. At Schierer & Ritchie, our Peoria criminal defense lawyers have over 30 years of experience helping clients get their charges reduced or even dropped.
Our Approach
- Case Examination: We thoroughly examine every aspect of your case.
- Rights Protection: We look for instances in which the police may have violated your constitutional rights or failed to follow legal procedures.
- Legal Procedures: Even how you were stopped can impact your case.
Contact Schierer & Ritchie LLC
Don’t delay in seeking legal assistance. Contact Schierer & Ritchie LLC for a free and confidential consultation. Our results speak for themselves, and we are here to help you fight your DUI charges.