What to do when stopped for DUI

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What to do when you are stopped for DUI

Driving Under the Influence (DUI) is a serious crime in Illinois. It can result in fines, vehicle confiscation, and/or your imprisonment. It will result in suspension of your license. I urge you to NOT drive while intoxicated.

As a resident of the United States, you have rights guaranteed under the Constitution if you are arrested, including the right to an attorney, the right to have an attorney present during questioning, and the right to a trial by jury. This applies to arrests for driving under the influence as well as any other crime.

RESPONSE TO POLICE QUESTIONING

"I understand my constitutional rights to remain
silent and to have an attorney present during
any questioning. I DO NOT give up those rights.
Please stop questioning me until my lawyer is
present"

Changes to Illinois law concerning vehicle forfeiture: Public Act 92-688 authorizes the seizure and forfeiture of the vehicle of a person convicted of driving on a revoked or suspended license if the suspension or revocation was the result of (1) a DUI conviction, (2) conviction of leaving the scene of a personal injury accident, (3) conviction of reckless homicide, or (4) statutory summary related to use of alcohol, drugs, or intoxicating compounds. The current hardship exemption for family members also applies to these proceedings. Therefore, if the spouse or other family member makes a showing of hardship, and the vehicle is the family's only source of transportation, the vehicle may be forfeited to the spouse other family member. Forfeiture to the spouse or a family member is allowed only once per vehicle. It became effective July 16, 2002. The link to the text is as follows: http://www.legis.state.il.us/legisnet/legisnet92/sbgroups/sb/920SB1730LV.html

Changes to Illinois law that go into effect on 1/1/1999: On July 7, 1998, Governor Jim Edgar signed legislation that allows the Secretary of State to require the use of an ignition interlock device for repeat DUI offenders. Once installed, the electronic breathalyzer will not allow the vehicle to be started if the driver tests .025 or higher. The cost of the device and installation (between $600 and $1000) will be paid by the repeat offender.

Some provisions of Illinois' DUI law (as of 5/1/98) are:

"Implied Consent" -- If you drive on Illinois' highways, you automatically consent to submit to certain tests if you are stopped for DUI. These can include blood, breath, and/or urine tests to determine is you are driving under the influence.
For a first offense, if you have a blood alcohol content (BAC) level of .08% or more OR any trace of a controlled substance, your license will be suspended for at least 3 months. Irrespective of conviction of DUI.
If you refuse to submit to testing, your license will be suspended for at least 6 months. Irrespective of conviction of DUI.
A second offense within 5 years will result in suspension of 12 months if you fail the BAC, 24 months if you refuse to test.
The .08% BAC also applies to snowmobile and boat operation. A second conviction for driving a boat under the influence regardless of the circumstances of the previous conviction is a Class 4 Felony.
Illinois practices ZERO Tolerance for underage drinking. If you are not 21 years old and test positive for ANY positive BAC, you will lose your license.

The following chart summarizes the above.

"Use It & Lose IT" PENALTIES

	Loss of driving privileges	Effect on driving record
Test failure 1^st Violation	3 months	"Use It & Lose It" suspension on public record during
Test refusal 1st violation	6 months	suspension period.
Test failure 2^nd violation	1 year	Does not appear after unless There is subsequent suspension.
Test refusal 2^nd violation	2 years

If you are convicted of DUI, these penalties will be added:

The first conviction may result in the loss of your license for up to one year and a $1,000 fine plus court and other costs. In addition, you may face up to 1 year in jail. Judges have some discretion for first offenders and may issue a judicial driving permit to allow you drive to work or other hardship.
The second conviction within 20 years will result in a loss of your license for three years, either a mandatory 48 hours jail sentence or 10 days community service, and a fine up to $1000 plus court and other costs. Judges have no discretion with respect to suspension and you will not be able to legally drive.
A third conviction is a Class 4 Felony that will result in loss of your license for a minimum of 6 years, a possible prison sentence of one to three years, and a fine of $10,000 plus court and other costs.

Illinois practices "Zero tolerance" for underage drivers. The following table summarizes the penalties for underage drivers who have any trace BAC.

Under 21 DUI Penalties

	Loss of driving privileges	Effect on driving record
DUI 1^st offense	2 years minimum	DUI conviction is permanently on driving record.
DUI 2^nd offense	Until age 21 or 5 years minimum

The following information should be taken as a general guideline and not specific legal advice. Each arrest for Driving Under the Influence is unique. What is best in your situation may not be the same for everyone. Your attorney is your best personal advisor for instructions on what to do if you are stopped or arrested for Driving Under the Influence. What is presented below is simply common sense:

Remain calm.
If you are involved in an accident, render assistance to any injured people, if present.
Make no admission until you contact your attorney. If you have a car phone, use it to contact your attorney immediately before making any statement, especially if you have had anything to drink at all.
Cooperate with police instructions, subject to your attorney's advice.
Remember your right to remain silent and to have an attorney present before they question you.

DUI offenses can affect your employment, your family life, your finances, and your personal freedom. It is a serious charge. If you are arrested for DUI, please take this seriously and understand that the consequences may not be to your liking. However, you do have rights and you have the right to exercise them. Nevertheless, this office recommends that you don't drink and drive.

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