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:

In the state of Illinois, a DUI conviction can result in drastic changes to a person’s life. If convicted, a person can face significant fines, loss of driving privileges, and even potential jail time. On top of the consequences listed above, a person’s employment can be in jeopardy if convicted of a DUI. Despite the life-changing ramifications of a conviction, more than 20,000 people statewide were charged with driving under the influence of drugs or alcohol, throughout 2018 alone. If you are facing DUI charges, it is time to speak with a quality criminal defense attorney.

The Importance of a Skilled Attorney

When facing DUI charges, many people will wrongly assume that they cannot fight against the charges. The reality is that there are a number of defense strategies that can be used in a DUI case. First and foremost, police negligence or oversight can lead to evidence being viewed as inadmissible in court. For instance, if a police officer forces a person to take part in chemical testing, they are taking away the legal right that the defendant has to refuse chemical testing. If a law enforcement official fails to read the arrested party their Miranda warnings, any evidence gained from testimony or statements after the arrest will likely be viewed as inadmissible.

In the state of Illinois, a DUI conviction comes with significant legal consequences. If convicted, a first-time offender will face Class A misdemeanor charges, fines up to $2,500, and up to one year in prison. It should also be noted that a DUI conviction can impact a person’s car insurance payments, ability to legally and freely drive, and even their employment status. While these may seem like steep criminal punishments, there are a number of aggravating factors that can elevate a DUI charge to an aggravated DUI and result in even stronger charges in a DUI case. Below we will examine some of the most common aggravating factors in Illinois, and the impact of an aggravated DUI conviction.

What Is an Aggravated DUI?

In the state of Illinois, a person will be convicted of driving under the influence, if they are apprehended while operating a motor vehicle with a blood alcohol concentration of 0.08 or higher. That being said, if aggravating factors are present, the DUI charge will be elevated from a misdemeanor to a felony and be classified as an aggravated DUI. The severity of the felony charges will depend on the aggravating factors, but in most cases, the driver will face Class 4 felony charges. It should be noted that a person convicted of an aggravated DUI may face a one- to three-year prison sentence.

Despite the fact that law enforcement officials are constantly on the lookout for drunk or impaired drivers, many Illinoisans make the decision to drive while intoxicated. Perhaps it should come as no surprise, that over 20,000 DUI arrests were made throughout the state, in 2018 alone. If you have been charged with drinking and driving, it is important to understand the true severity of a DUI conviction. Below we will discuss how a DUI conviction can impact you, and how a skilled criminal defense attorney can help.

Why You Should Fight Against a Conviction

In the state of Illinois, a DUI conviction constitutes a Class A Misdemeanor charge. Along with the mark on your permanent record, comes fines up to $2,500 and potential jail-time. The driver will also face a one-year license revocation period. While some people view a DUI as a common crime that will not impact their life long-term, this assertion could not be further from the truth. In all reality, a conviction of this magnitude can lead to loss of employment, future difficulty securing jobs, and problems securing bank loans or housing. It should also be noted that a DUI conviction can come with significant financial challenges.