Can My BAC Level Affect the Consequences of My Illinois DUI Charge?

 Posted on December 08, 2020 in DUI

One of the most common crimes committed on the roads of Illinois is driving while under the influence (DUI). According to data from the Illinois Secretary of State, there were more than 26,200 drivers arrested for DUI across the state of Illinois in 2019. Being charged with driving while you are impaired can result in serious penalties, such as jail time, driver’s license revocation, and fines. However, certain circumstances can dictate how severe your penalties are, including what your BAC level is. In Illinois, a higher BAC could also mean a more serious sentence. Hiring an Illinois DUI defense lawyer is strongly advised if you are facing any kind of DUI charge.

Illinois DUI Charges and Your BAC

Before you are even arrested, the officer who pulled you over will likely begin to evaluate you to determine if you are intoxicated or impaired in any way. You may be asked to submit to field sobriety tests, which may consist of a walk-and-turn test, one-leg-stand test, or possibly even a preliminary field breathalyzer test. A breathalyzer is an important tool in determining whether or not a person is impaired because it can inform the officer of the driver’s blood alcohol content (BAC).

In all states, drivers are considered to be intoxicated when their BAC is 0.08 percent or more. If your BAC is 0.08 or more when you are tested during a DUI traffic stop, you will be arrested and charged with DUI. However, Illinois recognizes the dangerousness of increased BAC levels and therefore enhances the penalties if your BAC is more than 0.16. For example, a first-time DUI offense in Illinois is charged as a Class A misdemeanor, which carries a possible sentence of up to one year in jail and up to $2,500 in fines. However, if your BAC was more than 0.16, you face a mandatory minimum fine of $500 and a mandatory minimum sentence of 100 hours of community service, regardless and in addition to any other penalties that may be imposed.

Our Arlington Heights, IL DUI Defense Attorney Is Here For You

If you have been arrested for any type of DUI charge, it is imperative that you retain legal counsel immediately. You will need an attorney with the knowledge and tenacity to fight for your defense. Scott F. Anderson, Attorney at Law has more than 25 years of experience working in the criminal law field and has successfully defended multiple misdemeanor and felony DUI cases both on the trial court and appellate court levels. To schedule a free consultation with our skilled Rolling Meadows, IL DUI defense lawyer, call our office today at 847-253-3400.

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=062500050HCh%2E+11+Art%2E+V&ActID=1815&ChapterID=49&SeqStart=120100000&SeqEnd=122400000

https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_a118.pdf