DUI

In the southwestern Illinois counties of St. Clair, Madison, and Monroe, Belleville criminal defense attorney Lyndon P. Evanko represents individuals charged with DUI and other traffic violations, handling administrative and judicial hearings on license suspensions as well as criminal charges in state court.

In 2008, over 48,000 people were arrested for Driving Under the Influence (DUI) in Illinois.  92% of those arrested lost their driving privileges, and 83% were first-time offenders.

Classification of Crime 

Driving under the Influence (DUI) is defined under state law as operating a motor vehicle while impaired by alcohol, other drugs, or intoxicating compounds and methamphetamine.  The legal limit for blood-alcohol concentration (BAC) in Illinois (and all other states) is .08, which is equivalent to about three drinks in one hour, depending upon a person's weight and other factors.  A driver with a BAC of at least .05 may also be charged with DUI if other evidence shows that the driver was impaired.  Holders of commercial driver's licenses are subjected to a much lower limit of .04, and school bus drivers or drivers under the age of 21 who show any level of alcohol intoxication at all may be arrested and charged with DUI.

A first conviction for DUI is a Class A misdemeanor, with possible imprisonment up to one year and fines up to $2,500.  Penalty enhancements of additional fines and community service are mandatory if the person's BAC is .16 or more, or if the offense was committed while transporting a child under age 16.  Subsequent convictions or other aggravating factors can make the crime a felony from Class 4 to Class X, with punishments ranging up to 30 years in prison and as much as $25,000 in fines.

Associated Punishments

In addition to the penalties describe above, a person arrested for DUI will likely have his or her vehicle towed, impounded, or seized, and will be responsible for the associated costs.  A convicted offender will also have his or her vehicle registration suspended, be required to complete a substance abuse treatment program or remedial education course, and have to carry more expensive high-risk auto insurance for three years.  Perhaps most significantly, a DUI conviction becomes a permanent part of the offender's driving record and creates a criminal record as well, which can cause significant, lasting difficulties in obtaining certain types of employment.

Statutory Summary Suspension

A person who tests with a BAC of .08 or more will have his or her driving privileges suspended for six months for a first offense, or one year on a subsequent offense.  If the person refuses to take a test, the automatic suspension is for one year on a first offense or three on a subsequent offense.

Temporary Licenses

After thirty days of suspension, a first offender is eligible to apply for a Monitoring Device Driving Permit (MDDP).  This permit will allow the person to resume driving during the remainder of the suspension period for employment, education, and medical purposes, subject to the installation of an ignition interlock device (see below).  Certain repeat offenders may also apply for a Restricted Driving Permit (RDP), which will allow the person to drive during the suspension period, subject to an ignition interlock and other conditions of the RDP.

Ignition Interlocks

A Breath Alcohol Ignition Interlock Device is a device which, once installed, prohibits a car from starting if the driver has measurable alcohol on his or her breath.  Illinois is one of only a few states requiring first-time offenders to have an ignition interlock installed on their vehicles as a condition of relief from the license suspension. 

Attorney Lyndon P. Evanko has been practicing criminal defense law in southwestern Illinois for 15 years, and is familiar with the judges and prosecutors and the relevant court procedures in this area.  If you have been arrested and charged with DUI, you need a lawyer who understands the system and can help you obtain the best possible outcome given your particular circumstances.  Contact Lyndon P. Evanko, P.C. today or call us at (618) 397-1997 for a free consultation.