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Drinking and Driving
Driving under the influence (DUI) is a very serious
offense. If arrested and/or convicted, a driver may lose
driving privileges and also may be fined and/or imprisoned.
Repeat arrests or convictions may result in greater penalties.
Arrest and conviction for DUI can be embarrassing, costly
and inconvenient. If arrested, you will be taken to a police
station or county jail. You will be held there until bond is
posted. Your car may be towed at your expense, and legal fees
can run thousands of dollars.
DUI Laws
Drivers 21 and Under
DUI Victims' Rights
DUI Prevention
Know Your Limit!
DUI
Laws
Implied Consent Law -
When driving on Illinois roadways,
you automatically give your consent to submit to certain
tests following arrest for DUI. These can include breath,
blood and/or urine tests to determine if you were drinking
or using any other drug before or while driving. A doctor
or registered nurse must perform the blood test. You may
have a qualified person of your own choosing administer
more tests at your own expense.
Statutory Summary Suspension
Law - If you are arrested
and found to have a BAC of .08 percent or more and/or any
trace of a controlled drug substance or cannabis
(marijuana) in your body while operating a motor vehicle,
your driving privileges will be suspended for at least
three months. If you refuse to submit to testing, your
driving privileges will be suspended for at least six
months. If you are a second offender within a five-year
period, your privileges will be suspended for at least 12
months if you fail or 24 months if you refuse the test.
The officer will take your license at the time of the
arrest and provide you with a temporary receipt allowing
you to drive for 45 days. Your suspension begins on the
46th day from the notice date. When your suspension ends,
you must pay a $60 reinstatement fee to terminate the
suspension. If you are charged with DUI, your refusal to
submit to testing may be used as evidence against you.
DUI Conviction
- In addition to a Statutory Summary
Suspension, you may be convicted of driving under the
influence of alcohol and/or other drugs. The first DUI
conviction will result in the loss of your license for a
minimum of one year. You also may be fined up to $1,000
and given a jail sentence of up to one year. If you are
convicted of a second DUI offense within 20 years, you
will lose your license for a minimum of three years. You
also will be sentenced to 48 hours in jail or 10 days of
community service. You also may be fined up to $1,000. A
third conviction, which is a class 4 felony, will result
in the loss of your license for a minimum of six years, a
possible one to three years imprisonment and a fine of up
to $10,000.
If convicted of DUI while transporting a person under
age 16, you will be fined a minimum of $500 and required
to serve five days of community service in a program
benefiting children.
A DUI also will subject you to high risk auto insurance
rates for three years. Before your driving privileges are
restored, you will be required to undergo an alcohol and
drug evaluation and successfully complete a rehabilitation
or an alcohol and drug education program and/or meet other
requirements.
Illegal Transportation of an
Alcoholic Beverage - It is
illegal for anyone to drink alcoholic beverages in
a vehicle. Both driver and passengers may be issued a
traffic citation. Passengers on chartered buses, motor
homes and limousines are exempt from this rule. It is
illegal to have alcohol in the passenger area of a vehicle
if the container has been opened. If convicted, you may be
fined up to $500. If there is a second offense within one
year, your driver's license will be suspended or revoked
for one year. Any driver under age 21 also faces loss of
driving privileges for the first conviction.
Traffic Accident Suspension
- If you, as a driver, are
involved in a personal injury or fatal accident and found
to have a BAC of .08 percent or more and/or any trace of a
controlled substance or cannabis (marijuana) in your body,
your driving privileges will be suspended for at least
three months. If you refuse to submit to testing, your
driving privileges will be suspended for at least six
months. If you are a second offender within a five-year
period, your privileges will be suspended for at least 12
months if you fail or 24 months if you refuse to test.
Your suspension begins on the 46th day from the notice
date. When your suspension ends, you must pay a $30
reinstatement fee to terminate the suspension.
Zero Tolerance Suspension
- If you are under 21 and are
arrested for any traffic violation and found to have a
trace of alcohol in your system while operating a motor
vehicle, your driving privileges will be suspended for at
least three months. If you refuse to submit to testing,
your driving privileges will be suspended for at least six
months. If you are a second offender, your privileges will
be suspended for at least 12 months if you fail or 24
months if you refuse to test. Your suspension begins on
the 46th day from the notice date. When your suspension
ends, you must pay a $30 reinstatement fee to terminate
the suspension.
Driving on a Suspended or
Revoked License - If you are
convicted of driving while your license is revoked or
suspended, the suspension or revocation will be extended.
This offense carries a mandatory seven-day imprisonment or
30 days of community service. In addition, penalties may
include fines up to $1,000 and imprisonment for up to one
year.
A second conviction of this violation is a class 4
felony. This means you may be fined up to $10,000 and
given a jail sentence of one to three years.
Allowing Someone Under the
Influence to Drive Your Vehicle - It is illegal for you to allow someone to drive
your vehicle if you know that person is under the
influence. If convicted, you may be fined up to $1,000 and
given a jail sentence of up to one year.
Providing Alcohol to a
Person Under Age 21 - If you are
convicted of providing alcohol to a person under age 21,
you may be fined up to $1,000 and given a jail sentence of
up to one year and/or your driving privileges may be
suspended under the Illinois Liquor Control Act.
Drivers 21 and Under
In Illinois, the minimum legal drinking age is 21 years.
All Illinois drivers are issued special color-coded licenses
that clearly identify drivers’ ages. The Under Age 21
license has a red photo background and the words "UNDER
21." If you are under age 21 and convicted of DUI:
- The Secretary of State’s office will revoke your
driving privileges for a minimum of two years. A
second DUI conviction will result in a license revocation
for a minimum of three years or until you reach age 21,
whichever is longer. A third DUI conviction, which is a
class 4 felony, will result in a minimum six-year
revocation. Your license also will be suspended for
conviction of illegal transportation or possession of
alcohol.
- The Secretary of State’s office may issue you a
restricted license after one year; but, under no
conditions will an RDP be issued until the age of 18.
This
license may be used between the hours of 5:00 am and 9"00
pm.
or as otherwise provided. It is valid for one year.
Then,
you would be evaluated again by the Secretary of State’s
office.
- You may be fined up to $1,000 and given a jail sentence
of up to one year.
- You may be directed to participate in a Youthful
Intoxicated Driver's Visitation Program.
- Zero Tolerance/Use It & Lose It Law will remove the
driving privileges of any person under age 21 who is
caught driving with any trace of alcohol or drugs in his
or her system.
DUI Victims’ Rights
Each year many people are victims of DUI crashes.
Victims of crashes involving personal injury or death have
the right to:
- Be notified of all court dates and of decisions made
affecting the disposition of the case.
- Present written statements and make oral comments during
the sentencing hearing for a case involving personal
injury or reckless homicide. Judges are required to
indicate "on the record" their reasons for
sentencing offenders in DUI cases involving personal
injury or death.
DUI Prevention
Driving under the influence can be prevented by doing
the following:
- Do not drink and drive
- If you drink alcohol, let a
friend drive or call a cab.
- Be a responsible host
- Stop serving drinks early. Make
sure intoxicated guests do not drive.
- Designate a driver
- Have one person in your group
refrain from drinking alcoholic beverages to assure a safe
trip home.
- Do not mix alcohol and
other drugs - For example, one
antihistamine with a drink may double the effect of both.
- Wear your safety belt
- It is your best defense in a DUI
crash.
- Celebrate safely
- Participate in community and school
events for teens promoting alcohol and drug-free
activities.
Know
Your Limit!
Following is a drinking and driving Chart.
Number of Drinks Consumed and the number of hours to wait
after beginning of drinking and before
driving:
|
Body Weight |
1 Drink |
2 Drinks |
3 Drinks |
4 Drinks |
5 Drinks |
6 Drinks |
|
100 lb |
0 hrs |
3 hrs |
6 hrs |
9.5 hrs |
12.5 hrs |
15.5 hrs |
|
|
|
|
|
|
|
|
120 lb |
0 hrs |
2 hrs |
4.5 hrs |
7.5 hrs |
9.5 hrs |
12 hrs |
|
|
|
|
|
|
|
|
140 lb |
0 hrs |
1.5 hrs |
3.5 hrs |
5.5 hrs |
8 hrs |
10 hrs |
|
|
|
|
|
|
|
|
150 lb |
0 hrs |
.5 hrs |
2.5 hrs |
4.5 hrs |
6.5 hrs |
8.5 hrs |
|
|
|
|
|
|
|
|
180 lb |
0 hrs |
0 hrs |
2 hrs |
3.5 hrs |
6.5 hrs |
7 hrs |
|
|
|
|
|
|
|
|
200 lb |
0 hrs |
0 hrs |
1.5 hrs |
3 hrs |
4.5 hrs |
5 hrs |
|
|
|
|
|
|
|
|
220 lb |
0 hrs |
0 hrs |
1 hrs |
2.5 hrs |
3.5 hrs |
5.5 hrs |
|
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One drink equals:
-
86 proof 1 1/2 oz. of whiskey, gin , vodka,
etc.
-
1 bottle of beer (12 oz.)
-
3 oz. wine (20%) or 5 oz. wine (12%)

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Village of
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301 E. Irving Park Road
Streamwood, IL 60107-3096
(630) 736-3800 |
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This page last modified
04/09/08 .
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