A conviction for driving under the influence (DUI) can lead to significant administrative and criminal penalties. These penalties are especially harsh if you are convicted of aggravated DUI or you have been convicted of drunk driving one or more times in the past. DUI can lead to the loss of your driver’s license, heavy fines, and even jail time. However, being charged with DUI is not the same thing as being convicted of DUI. If you or a loved one were recently arrested for allegedly drunk driving, it is important to understand the potential defenses to this serious charge.  

The Results of Your Blood or Breath Alcohol Test Were Wrong

In 49 out of 50 U.S. states, the blood alcohol limit is 0.08 percent. This means that a person is automatically considered to be intoxicated if his or her BAC is above this limit. Usually, BAC is determined by a breath test such as a breathalyzer. These tests can be inaccurate for several reasons, including:

Driving under the influence may result in significant penalties in Illinois, including driver’s license suspension, mandatory alcohol education classes, and in some cases, even jail time. DUI penalties are especially severe if there are certain aggravating circumstances present or it is not the defendant’s first DUI. If you or a loved one was arrested and charged with drunk driving based on the results of a chemical blood alcohol content (BAC) test, you may wonder if these test results may be disputed.

Contesting the Result of a Breath Alcohol Test

In Illinois, a driver is intoxicated “per se,” or automatically considered to be intoxicated, if his or her blood alcohol content is 0.08 percent or greater. Most police officers carry a portable breath test often referred to as a breathalyzer. These preliminary tests are typically used to establish probable cause for the DUI arrest. However, the results of a preliminary roadside BAC test alone are not enough to secure a conviction. Usually, after someone is arrested for DUI, they are issued a secondary test at the police station. These evidentiary tests are considered to be more reliable than the roadside test. However, several issues can cause a BAC test to be inaccurate, including:

In the state of Illinois, a DUI conviction can lead to serious consequences, including jail time, loss of driving privileges, fines, and additional penalties. In situations that involve a minor child, however, the penalties can be even more severe. If you or a loved one has been charged with a DUI that includes a minor child, it is imperative to discuss your case with a skilled DUI defense attorney. At Aldrich & Siedlarz Law, P.C., we understand the gravity of situations such as this and we are prepared to defend your legal rights both in and out of court. 

Potential DUI Penalties With a Passenger Under 16 Years Old

Driving under the influence of alcohol or other drugs in Illinois is a Class A misdemeanor. For a first-time conviction, the penalties that may result include jail time for up to one year, a maximum of $2,500 in fines, and the suspension of your driver’s license for at least one year. According to 625 ILCS 5/11-501, if the motorist was transporting a passenger under the age of 16 at the time of the violation, the motorist is subject to 6 months of imprisonment, an additional mandatory minimum fine of $1,000, and 25 days of community service in a program that benefits children. 

The charges a person will face when they are accused of driving under the influence will largely depend on their prior criminal record. Specifically, any prior DUI convictions the accused has on their record will be considered. However, the courts will only look back on a certain period of time when determining the sentence for someone convicted of a DUI. This is known as the lookback period.

Typical time frames for loopback periods in other states are five to ten years, and when a person has a DUI conviction that occurred before that period, the court will not consider it. So, does Illinois place a lookback period on DUI cases?

Yes. Driving under the influence includes more than being intoxicated by alcohol. The law also prohibits driving under the influence of drugs, including marijuana. Although Illinois has decriminalized recreational marijuana use, some people wrongly think they can toke up behind the wheel. Unfortunately, as our DuPage County DUI attorney explains below, you can face some serious penalties.

What Is a Cannabis DUI?

A cannabis DUI is the unlawful operation of a motor vehicle while under the influence of cannabis. Under 625 ILCS 5/11-501.2(a)(6), you can be charged if you have the following tetrahydrocannabinol (THC) levels within two hours of driving: