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Illinois DUI Questionnaire - Illinois DUI Lawyers Ramsell, Armamentos & Klis Dupage Kane Cook IL Wheaton Name: Email: Tell us about your problem Or click here for a more comprehensive form IF YOU ARE FACING A CHARGE FOR DUI/DWI/DRUNK DRIVING, YOU CAN RECEIVE A FREE EVALUATION OF YOUR CASE BY COMPLETING THE ABOVE CONFIDENTIAL QUESTIONNAIRE, OR BY SIMPLY CALLING US TOLL-FREE AT: Ramsell, Armamentos & Klis, LLC MEMBER, AMERICA'S TOP DUI & DWI DEFENSE ATTORNEYS TM 1-800-DIAL-DUI© ILLINOIS DUI DEFENSE CASES ILLINOIS CRIMINAL DEFENSE CASES * Full Name: Company: Home Address: City: State: Zip: Home Phone: Cell Phone: Work Phone: * E-mail Address: Are you interested in fighting your case for the best result possible? Yes Don't Know No Date of Arrest: Time of Arrest: Town/Municipality Where Arrested Occurred: Day of Week: Court Date: Time of Court: Place of Court: Street or location where you were stopped: Was there a breath test taken on the scene? Yes Don't Know No Result: Was there a breath test at the police station? Yes Don't Know No Result: Was there a blood test taken? Yes Don't Know No Result: Is this your first arrest for DUI/DWI/Drunk Driving in your lifetime-anywhere, even if dismissed? Yes Don't Know No Please list all prior DUI/DWI/Drunk Driving Arrests below, including year, city/state, and outcome (if known): Are you currently on probation/parole for any DUI or criminal case? Yes Don't Know No If "yes", for what offense(s): Other tickets/Charges received with your present DUI Charge: Improper Lane Usage Speeding Red Light/Stop Sign Violation No Insurance Accident No Headlights Equipment Violation No Seat Belt Other: Why were you stopped according to the police officer? Was there an accident? Yes Don't Know No Was anyone injured? (Check all that apply): No one was hurt Myself Passenger in my vehicle Passenger in another vehicle Pedestrian Not_Sure Were you stopped at a roadblock? Yes Don't Know No Were you given field sobriety tests at the scene, hospital or police station? Yes Don't Know No Which tests were you given? (Check all that apply): Portable Breath Test at scene Eye Test (also known as Horizontal Gaze Nystagmus Walk the Line Finger to nose Counting Alphabet Stand on one leg Other: Did any police tell you that the tests were optional (you could refuse)? Yes Don't Know No Were you videotaped at the scene or police station? Yes Don't Know No Do you want to challenge the possible suspension of your drivers license? Yes Don't Know No Do you need driving privileges for (check all that apply): Work School Medical care Transporting your children Personal errands At any time did the police tell you that (check all that apply): Your have the right to remain silent You have the right to an attorney of your choosing If you cannnot afford an attorney, one will be appointed for you Anything you say will be held against you in court You can stop talking at any time Did you ever tell the police that you wanted to speak to an attorney? Yes Don't Know No Did you ever ask for an independent test of your own? Yes Don't Know No Is it possible that there was drugs/medications in your system? Yes Don't Know No Were you under any kind of doctors care on the date of your arrest? Yes Don't Know No Are there any witnesses who were with you before or during your driving that can testify for you? Yes Don't Know No Do you have any prior injuries, or present disabilities, that might have affected your driving or testing that night/day? Yes Don't Know No Additional Comments: IF YOU ARE FACING A CHARGE FOR DUI/DWI/DRUNK DRIVING, YOU CAN RECEIVE A FREE EVALUATION OF YOUR CASE BY COMPLETING THE ABOVE CONFIDENTIAL QUESTIONNAIRE, OR BY SIMPLY CALLING US TOLL-FREE AT: 1-800-DIAL-DUI The use of the Internet for communications with the firm will not establish an attorney-client relationship and messages containing confidential or time-sensitive information should not be sent. About Our Firm About Our Attorneys 40 Ways to Beat a DUI Illinois DUI Law Resources DUI Articles and Information DUI Case Highlights Criminal Defense Criminal Case Highlights Letters from DUI Clients Free Case Review Office Location Contact Us National Attorney Directory Free Case Review Blood Alcohol Calculator Nationwide DUI Attorney Directory Home Site Map © 2004 Ramsell, Armamentos & Klis, Attorneys At Law, L.L.C.
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Arizona DUI Laws | Thousands of DUI tests challenged because of faulty test on equipment - Arizona DUI Laws Attorney Lawyer Phoenix DUI Drunk Driving Defense Extreme Penalties In Scottsdale Arizona DUI Attorney Ed Loss | Arizona DUI Laws | Site Map Home | Free Case Evaluation | About Ed | DUI FAQ's | Attorney Fees | DUI Case Examples Contact Us / Directions | Blood Test Issues | Save Your License! | DUI Publications & Articles | DUI Links Thousands of DUI tests challenged because of faulty test on equipment By Paula McMahon Staff Writer January 11, 2005 Thousands of DUI arrests made by the Broward Sheriff's Office and Davie police could face legal challenges because operators broke the rules when they tested the departments' breath analysis equipment, a defense attorney who specializes in drunken driving cases said Monday. Technicians ran the monthly tests using tap water instead of distilled or deionized water, as required by the Florida Department of Law Enforcement, prosecutors and the agencies admit. "Thousands of people in this county go to jail and lose their licenses based on what these machines say. The police made up these rules, and they should be following them," said Carlos Canet, a lawyer with the Miami law firm of Essen & Essen, which has a statewide reputation for DUI defense. Canet uncovered the problem about two months ago during a deposition. While he was questioning one of the machine's operators about other issues, he found out that the state's alcohol testing program rules were not being followed. He recently began to raise the issue in court, but no formal papers have been filed yet, and there have been no legal rulings on the question. It's unclear at this stage whether any convictions could be thrown out because of the problem. The Broward State Attorney's Office plans to notify attorneys for thousands of clients arrested by the Sheriff's Office and Davie during the past 3 1/2 years. Prosecutors said they are concerned about the issue, but they do not think it is significant enough to overturn convictions. "From our standpoint, we do not think this kind of challenge will be upheld by the courts," said Lee Cohen, the Broward prosecutor in charge of county courts. "But we are going to research the matter extensively. We're not going to rely on our own suppositions on this." About Lawyer Ed Loss Arizona DUI Frequently Asked Questions Prevent Your DMV License Suspension Selecting the Right Attorney Sample Cases DUI Publications & Articles Free DUI Case Evaluation Contact Ed Loss Name: E-Mail: Phone: Comments: DUI Attorney Fees Field Sobriety Tests Blood Alcohol Calculator Arizona DUI Court Information Phoenix Blood Test Information Breath Testing Information In Scottsdale Arizona Drunk Driving Defense Arizona DUI Laws Extreme DUI Penalties DUI Links DUI Seminars Contact Us / Directions They will send out notifications for DUI cases involving breath tests on defendants arrested by the Sheriff's Office between June 1, 2001, and Aug. 13, 2004, and for Davie arrests made between June 1, 2001, and Dec. 3, 2004. Cohen said there appears to have been a technical violation of the rules. To overturn a case, the law requires a substantial violation. Canet said defendants could use the issue to appeal convictions or withdraw pleas. And it could be a viable argument in cases that are not yet resolved. The issue involves how monthly tests are run on the breath analysis machines. FDLE does its own annual tests on all of the machines in the state, but the agency also requires each department to do monthly tests. The yearly FDLE tests were done correctly, prosecutors and the agency said, but the two departments did not follow the appropriate procedures for the monthly ones. The test involves using a simulator that heats up distilled water to a specific temperature and delivers a burst of steam into the machine. Samples of distilled water and a mixture of distilled water and acetone are used to ensure that the machine registers the samples as alcohol-free. Other samples containing alcohol are also tested. FDLE used to allow tap water to be used in the tests. But the agency changed the rules effective July 1, 2001, so that testing standards are uniform around the state and because of concerns that tap water could damage the simulators, said Laura Barfield, FDLE's program manager for alcohol testing. "At this point, we're not sure, when that guideline changed, why our people didn't spend a dollar and buy a jug of distilled water," said Jim Leljedal, a Sheriff's Office spokesman. The Sheriff's Office makes thousands of DUI arrests each year, the majority of which involve breath tests, Leljedal said. He could not give an exact number of arrests. Davie police made 433 arrests for DUI in 2002, according to the most recent figures available on the department's Web site. Lt. Bill Bamford, of Davie police, said his agency will correct any discrepancies. Barfield, the FDLE program manager, said her agency will investigate and possibly take disciplinary action against any operators who did not follow the rules. Discipline can range from retraining to revoking the person's permit, she said. Barfield said she also will conduct a research project for Broward County to test her opinion that using tap water would not have affected the test results. Browse Pages By Topic: Page 01 Page 02 Page 03 Page 04 DISCLAIMER: The foregoing is not to be construed as legal advice to or for any specific individual. Always seek the advice of counsel for specific legal problems. Arizona DUI - Home | About Lawyer Ed Loss | Arizona DUI Frequently Asked Questions | Prevent Your DMV License Suspension | Selecting the Right Attorney | Sample Cases | DUI Publications & Articles | Free DUI Case Evaluation | DUI Attorney Fees | Field Sobriety Tests | Blood Alcohol Calculator | Arizona DUI Court Information | Phoenix Blood Test Information | Breath Testing Information In Scottsdale | Arizona Drunk Driving Defense | Arizona DUI Laws | Extreme DUI Penalties | DUI Links | DUI Seminars | Contact Us / Directions | Site Map | DUI Laws DUI Attorney DWI Lawyer | Atlanta DUI Lawyer | Law Firms | Atlanta DUI Attorney | Massachusetts DWI Lawyers | Atlanta DUI Lawyers | Texas DWI Attorney | Chicago Illinois DUI Lawyer | New York DWI Lawyer | DUI Lawyer Georgia | Georgia DUI Lawyer | Georgia DUI Attorney Other Resources: DUI Expungement Lawyers - Clear Your Record | DUI Laws - Drunk Driving Lawyers DWI Laws - Drunk Driving Lawyers | Drunk Driving Defense | DUI Attorneys | Go To Traffic School © 1998 - 2006 Edward A. Loss, III, P.C. Arizona DUI Attorney and Counselor at Law. All Rights Reserved. Metadata, Design, and Optimization services provided by Electric Lemonade Interactive Media - Atlanta Web Design
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Field Sobriety Testing THE Field Sobriety Testing - Law Firm Peter J. Peaquin Attorneys Seattle, Washington 720 3rd Avenue Suite 2015 Seattle, Washington 98104 phone: 206-633-3000 fax: 206-467-3152 click here to email us Field Sobriety Testing THE ROADSIDE TESTS ARE VOLUNTARY AND SHOULD BE REFUSED Want to help the police officer build a DUI case against you? If so, take their tests in ignorance. Want the real truth? Then protect yourself and read on. "Field sobriety testing" (or FSTs) as practiced on the city streets and highways of Washington State is not an effective indication of a persons level of intoxication. There are no conclusive studies linking the results of any field test to legal intoxication. The best studies show less than an 80% rate of accuracy. Only three of the tests available to officers have been given any shroud of "scientific" legitimacy by the National Highway Traffic Safety Administration (NHTSA). These tests are: The Horizontal Gaze Nystagmus Test The Walk and Turn Test The One Leg Stand Test All other tests are not validated in any official way. In fact, many of the tests involve closing your eyes and balancing. Without a visual frame of reference, no "balance" test can honestly claim to measure sobriety or intoxication. Therefore, tests such as the Finger to Nose Test, and the Rhomberg Balance Test should be avoided. Other tests, such as counting or saying the ABCs backwards, counting ones fingers, or playing "pattycake" have no correlation whatsoever to ones ability to operate a motor vehicle safely. Officers regularly testify that FSTs are gauged to measure "divided attention." For instance, when you drive, you must divide your attention between several tasks, such as steering, breaking, navigating and signaling. The theory is that alcohol impair one's ability to divide attention. You have the absolute right to refuse to submit to field sobriety testing. If you decide to take the tests, the officer cast his/her own interpretation of your performance on your case. Keep in mind that the officer is already investigating you for DUI, and in all likelihood will arrest you even if you take the FSTs. THE DRAWBACKS OF REFUSING THE TESTS: Contrary to common misunderstanding, refusing the submit to field testing will not result in the suspension of your driving privileges (unless you are on probation and/or have another case pending in which a Judge has ordered you not to refuse to take the tests). The biggest drawback of refusing these tests is that the prosecutor will argue that you refused out of a "consciousness of guilt." The prosecutor will try to make the Jury believe that you didn't take the tests because you knew you were drunk and would fail them. The other major drawback is that the officer will probably arrest you right away. Usually, this just speeds up the inevitable. The officer might also threaten that if you don't take the tests, you will be booked into jail. If threatened, generally it is okay to do them, just let the officer know that you are cooperating out of respect for him/her and politeness, and that you are doing so under protest. That way, your DUI attorney can later make a motion to suppress the tests because they lacked your voluntary consent. CONCLUSION: As a general rule subject to very few exceptions, I recommend that you politely refuse to take the tests. If you have been accused of Driving Under the Influence, DUI, in Western Washington, including King County and the Cities of Seattle, WA, and Bellevue, Snohomish County and the City of Everett, and Pierce County and the City of Tacoma, please contact us today for a free consultation . Disclaimer: The information contained in these pages is to educate; therefore, nothing in these pages should be relied on as legal advice. Consult a qualified DUI defense attorney. Additional disclaimer information. Home | Firm Overview | Client Comments | FAQs | Practice Areas | Contact Us | Free Consultation 30-day Deadline | Preserve Your Rights | License Hearing | DUI Penalties | DUI Law | DUI Court Process | 10 Tips Newsletter | Latest Legal News | Directions | Disclaimer | Site Map
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Illinois DUI lawsfor drivers DUI In Illinois Home | Sitemap | Find it Quick! | Maps & Directions | Legal Links | Useful Reference Links | Publications | About Us Driving Under the Influence (DUI) inIllinois [ Back to the Teacher Guide Table of Contents ] The State of Illinois has a number of programs inplace to end or strongly discourage Driving Under the Influence (DUI). A few ofthese include: A Safer State With .08 Use It & Lose It (Zero Tolerance Law) Suspended Driving Privileges Revoked Driving Privileges DUI Information for Adults Teenage Drinking and Driving Zero Tolerance Law for Underage Drinking and Driving Blood Alcohol Content Table Traffic Fatalities in Illinois - 1995 to 2003 Myths about Alcohol How Drunk Drivers are Handled in other Countries Web Links related to Treatment and Support of Addictions and Abuse A Safer State With .08 The creation of Illinois .08 law marked an important milestone in ourstates efforts to end drunk driving and improve safety on our roadways. With this law, Illinois joined a growing number of states that recognized ablood-alcohol content (BAC) of .08 percent as the level at which all motoristsare too impaired to drive. Any person who now drives in Illinois with a BAC of.08 or more risks being charged with Driving Under the Influence (DUI). Unfortunately, alcohol involvement is still the most common factor in highwaydeaths and injuries. While only 7 percent of all crashes involve alcohol use, 41percent of fatal crashes do. Research shows that states with a .08 BAC limit law experiences a significantdecline in alcohol-related crashes, injuries and deaths. They do so primarilybecause .08 laws make all motorists - even habitual drunk drivers - far morereluctant to drink and drive. By setting a more sensible limit on the amount of alcohol motorists canconsume before driving, we hope Illinois can also save lives and spare morefamilies from heartbreaking, needless tragedies. What is .08? In Illinois, its the law - the blood-alcohol content atwhich a person is considered legally drunk. A drivers BAC is determined bythe ratio of alcohol to breath or blood and may be measured by a breathalyzer orblood test. Any person found operating a motor vehicle in Illinois with a BAC of .08 percentor more can be charged with Driving Under the Influence. A DUI arrest triggersan automatic drivers license suspension. Studies show that .08 laws are a general deterrent to impaired driving andresult in a significant decrease in alcohol-related crashes and fatalities. Experts estimate that as many as 65 lives could be saved each year in Illinois - and thousands of injuries prevented- due to the .08 law. Is a person really impaired at .08 BAC? Research shows that critical driving skills are impaired foranyone with a .08 BAC. A drivers attention, comprehension and re-action timesare substantially diminished at .08 BAC. Specific skills, such as lane changing,braking and acceleration, also are significantly affected. At .08 BAC, a motorist is 11 times more likely to be killed in a single vehiclecrash than a non-drinking driver. How does the law affect you? While all drivers have a responsibility to avoid intoxication,.08 BAC does not target the social drinker who may have a couple of drinks afterwork or a glass or two of wine with dinner. The .08 BAC limit encourages people to think twice about getting behind thewheel after they have had too much to drink. Drivers must make responsibledecisions about transportation - before they drink - such as using adesignated driver or calling a cab. What are the consequences of a DUI? Driving Under the Influence is a serious criminal offense withdevastating consequences. A person caught driving with a BAC of .08 percent or more can be arrested and charged with DUI and will face an automatic drivers license suspension. A DUI charge can result in the offender being handcuffed, booked, finger printed and put in jail. Getting a DUI is costly, embarrassing and leaves a permanent blemish on a persons driving record. Bail bond, fines, attorney fees, court costs, increased insurance premiums and alcohol education programs all contribute to the $9,000 average cost to a DUI offender. By far, the most devastating con-sequences of DUI are thousands of needless, senseless injuries and deaths. Nationally, more than 17,000 people die each year in alcohol-related crashes, and about 1 million people are injured. What can you do? Think before you drink. Before you begin drinking, choose a designated driver a person who voluntarily abstains from drinking alcohol and pledges to take everyone home safely. If you or someone you know has been drinking, arrange for a taxi or other means of safe transportation home. Keep in mind that alcohol impairs judgment. After consuming several drinks you may convince yourself that you can drive safely. Statistics prove otherwise. ( Back to the Top ) Use It & Lose It(Zero Tolerance Law) Under the "Use It & Lose It" zerotolerance law, drivers under age 21 with any trace of alcohol in their systemswill lose their driving privileges. A zero tolerance offense involvesthe following administrative penalties as outlined below. Underage drivers are charged with driving under the influence if they have ablood alcohol content of .08, any illegal drugs in their system, or otherindications of impaired driving. A DUI conviction involves both administrativeand criminal penalties and will result in both the revocation of the driver'slicense and the suspension of vehicle registration privileges. Penalties for drinking and driving under age 21 Zero Tolerance (BAC of .01 or greater) DUI Conviction (BAC of .08 or greater) Loss of driving privileges 1st violation 3 months 2 years minimum Test Refusal 1st violation 6 months 2 years minimum Loss of driving privileges 2nd violation 1 year Until age 21 or 3 years minimum Test Refusal 2nd violation 2 years Until age 21 or 3 years minimum Effect on driving record Except during suspension period not on public driving record as long as there is no subsequent suspension Permanently on public driving record Listed below are some of the most frequently asked questions regarding thezero tolerance law: What leads to testing for alcohol? A police officer will test for alcohol if, after issuing acitation for any traffic offense, he or she has probable cause to believe adriver has consumed alcohol. Based on the driver's physical condition or thepolice officer's first-hand knowledge, a test may be requested. Aside from the loss of driving privileges and possible fines and jail time,what other consequences can drinking and driving have? Drinking and driving can result in injuries or death of thedriver, passengers, and others. It leads to high insurance costs, mandatoryalcohol evaluation and treatment, court and attorney fees and negative long-termeffects on your driving record and job opportunities. Are there any exceptions to suspension? The only people not subject to this law are those who consumedalcohol in a religious service or ceremony, or those who ingested the prescribedor recommended dosage of medicine containing alcohol. This evidence can bepresented at an administrative hearing and does not require a court appearance. Under what conditions can a person drive while suspended? A restricted driving permit can be issued after a portion ofthe suspension period has passed to relieve undue hardship. It may allow drivingfor specific employment or educational purposes as well as for obtaining medicalcare. If you have additional questions, please contact the Secretary of State's officeat: Driver Services Department 2701 South Dirksen Parkway Springfield, IL 62723 217/785-9323 in Springfield ( Back to the Top ) SUSPENDED DRIVING PRIVILEGES The State of Illinois has declared a policy whichstates that a driver who is impaired by alcohol and/or drugs is a threat to thepublic safety and welfare. To try to prevent such practice, the State ofIllinois believes it is appropriate to suspend one's driver's license. A statutory summary suspension means that drivingprivileges will be withdrawn for a specified period of time and then reinstated.This will be imposed if the blood alcohol content (BAC) of the driver is .08 orgreater or if the driver refuses to submit to or fails a chemical testing. Afirst offender will automatically receive a three month suspension for a BAC of.08 or greater and an automatic six month suspension for refusal to submit tochemical testing. The officer will take the driver's license during thearrest and issue a temporary receipt to drive for 45 days. The statutory summarysuspension begins on the 46th day after the arrest, and driving privileges areautomatically suspended. First-time DUI offenders may apply to the court for ajudicial driving permit (JDP) which would allow them to drive during thesuspension (only under certain conditions and when no other form oftransportation is available). However, the person must provide the court with acurrent alcohol and drug evaluation and must prove that a hardship exists. ( Back to the Top ) REVOKED DRIVING PRIVILEGES If you are convicted of a DUI, your license will berevoked. Unlike the statutory summary suspension, a revoked license is notautomatically reinstated at the end of a period of time. A driver whose license has been revoked must meet thefollowing requirements to have his/her driving privileges reinstated: 1. The driver must undergo an alcohol and drug evaluation. Proof of treatment must be submitted if a problem is indicated. 2. An alcohol and drug remedial education program must be completed. 3. The driver must appear before a Secretary of State hearing officer. Hearings for first offenders may take place at regional driver services facilities. Subsequent offenders must attend a formal hearing in Springfield, Chicago, Mt. Vernon or Hillside. At the informal or formal hearing : 1. The driver must demonstrate that public safety will not be endangered. 2. The person's overall driving record, the seriousness of the offense, and the driver's remedial efforts will all be considered. Prior to reinstatement, a revoked driver is also required by law to : 1. Pay a $60.00 reinstatement fee. 2. File proof of financial responsibility. 3. Pass the full drivers license examination and pay application fee. A driver whose license is revoked for a DUIconviction may apply to the Secretary of State's office for a restricted drivingpermit (RDP). This permit allows a person to drive during the revocationperiod for employment, educational and/or medical purposes when no other form oftransportation is available. Appearance before a hearing officer in theSecretary of State's Department of Administrative Hearings and certain criteriamust be met before the driver is issued an RDP. Additionally, the offender mustprovide proof of remedial education or rehabilitation, present a currentprofessional drug and alcohol evaluation, and prove that a hardship exists. ( Back to the Top ) DUI Information for Adults DUI Conviction Penalties First DUI conviction Loss of full driving privileges for a minimum of one (1) year. Possible imprisonment for up to one (1) year. Maximum fine of $2,500. Second DUI Conviction Minimum five (5) year loss of full driving privileges for a second conviction within a 20-year period. Mandatory five (5) days in jail or 30 days community service for a second conviction within a five-year period. Possible imprisonment for up to one year. Maximum fine of $2,500. Third DUI Conviction - Class 4 felony Loss of full driving privileges for a minimum of six year. Possible imprisonment for up to three years. Maximum fine of $10,000. Other Alcohol Offenses Felony DUI Class 4 felony (following a crash resulting in great bodily harm or permanent disfigurement.) Loss of full driving privileges for a minimum of one year. Possible imprisonment for one to three years. Maximum fine of $10,000. Providing Alcohol to a Person Under Age 21 Possible imprisonment for up to one year. Subject to a Maximum fine of not less than $2,500. Illegal Transportation of an Alcoholic Beverage Maximum fine of $1,001. Point-assigned violation will be entered on drivers record. Drivers license suspension for a second conviction in a 12-month period. Knowingly Permitting a Driver Under the Influence to Operate a Vehicle Possible imprisonment for up to one year. Maximum fine of $2,500. Summary Suspension First Offense A chemical test indicating a BAC of .08 or greater results in a mandatory three-month drivers license suspension. Refusal to submit to a chemical test(s) results in a six-month license suspension. Subsequent Offenses Refusal to submit to a chemical test(s), or test results indicating a BAC of .08 or greater, results in a mandatory 12 months drivers license suspension. ( Back to the Top ) Teenage Drinking and Driving Drivers under age 21 represent 10% of licenseddrivers but are involved in 17% of alcohol-related fatal crashes. If you arearrested for DUI you will be handcuffed and taken to jail. What will yourparents say when you call home and tell them you are in jail? Illinois DUI lawsfor drivers under 21 years of age are tough and will effect your life for years-- if you live that long. Crashes are a leading cause of death for teens. Nationally, six individuals between the ages of 15 - 20 die in motor vehiclecrashes each day. About 2 in every 5 Americans will be involved in analcohol-related crash at some time in their lives. The average college student spends more money foralcohol than for books . Legal Consequences of Underage Drinking and Driving First Underage 21 DUI Conviction Loss of full driving privileges for a minimum of two years. Possible imprisonment for up to one year. Maximum $2,500 fine. Second Underage 21 DUI Conviction Loss of full driving privileges for a minimum of three years or until age 21, whichever is longer. Mandatory 48 hours in jail or 10 days community service. Possible imprisonment for up to l year. Maximum $2,500 fine. Third Underage 21 DUI Conviction - Class 4 Felony Loss of full driving privileges for a minimum of six years. Possible imprisonment for up to one-three years. Maximum $10,000 fine. Felony DUI Class 4 Felony (Following a crash resulting in great bodily harmor permanent disfigurements) Loss of full driving privileges for a minimum of 1 year. Possible imprisonment for 1-3 years. Maximum fine of $10,000. Underage Illegal Transportation of an Alcoholic Beverage Maximum fine of $500. Drivers license suspended for first conviction. Drivers license revoked for a second conviction. Summary Suspension A chemical test indicating a blood alcohol concentration (BAC) of .10 or greater results in a 3-month drivers license suspension. Refusal to submit to a chemical test(s) results in a 6-month license suspension. For subsequent offenses, a chemical test indicating a BAC of .10 or greater results in a 12-month drivers license suspension. Refusal to submit to a chemical test(s) results in a 24-month drivers license suspension. Possession of Alcoholic Beverages It is illegal for any person under the age of 21 to have alcoholic beverages in their possession, whether open or unopened. Penalties include: A maximum of $500 fine and up to 6 months in jail. Using a Fake Illinois Drivers License or ID Card The penalties for using false IDs are serious and could change your life forever. Obtaining a drivers license through false affidavit is punishable by 2-5 years in prison and a maximum $10,000 fine. Subject to a fine of not less than $500 and at least 25 hours of community service. Allowing another person to use your identification documents to apply for a drivers license or ID card is punishable by 1-3 years in prison and a maximum $10,000 fine. ( Back to the Top ) Zero ToleranceLaw for Underage Drinking and Driving Zero tolerance is a state law that went into effecton January 1, 1995. The law provides for suspension of the driving privileges ofany person under the age of 21 who drives after consuming alcohol. As the name Zero Tolerance suggests, any trace of alcohol in a young person's system canresult in a suspended drivers license. The only exception are minors whoconsume alcohol as part of a religious service or those who ingest a prescribedor recommended dosage of medicine containing alcohol. Penalties for Drinking and Driving The Zero Tolerance Law provides that minors suspected of driving under theinfluence can have their driving privileges suspended even if they're notintoxicated at the .08 BAC level. The following table shows the length of time yourdriving privileges may be suspended under the Zero Tolerance Law (for BAC of .01or greater) and DUI Laws (for BAC of .08 or greater). The loss of drivingprivileges is greater if you refuse to take a sobriety test. Under Zero Tolerance Law Under DUI Laws If Test Refused If Test Refused 1st Violation 3 Months 6 Months 2 Years 2 Years 2nd Violation 1 Year 2 Years Until age 21 3 Years Minimum Until age 21 3 Years Minimum Effect on Your Driving Record Zero Tolerance (BAC of .01 or greater) -- Except during suspension period, not on public driving record as long as there is no subsequent suspension DUI Conviction (BAC of .08 or greater) -- Permanently on public driving record Under certain conditions, you may be charged with DUI even though your BAC isbelow .08. ( Back to the Top ) Blood Alcohol Content Table This table shows the effects of alcohol on a normal person of a given bodyweight. This table is not a license to drink irresponsibly.You should avoid drinking and driving under all circumstances. Everyone is different, and alcohol effects each person in a slightly differentway. Only you know your limits. Please drink within them. One drink equals: 1 oz. 86 proof Liquor, or 3 oz. wine, or 12 oz. Beer Levels of Intoxication: BAC less than .05% - Caution BAC .05 to .079% - Driving Impaired BAC .08% & up - Presumed Under the Influence Body Weight Number of Drinks 1 2 3 4 5 6 7 8 9 100 0.032 0.065 0.097 .0129 .0162 0.194 0.226 0.258 0.291 120 0.027 0.054 0.081 0.108 0.135 0.161 0.188 0.215 0.242 140 0.023 0.046 0.069 0.092 0.115 0.138 0.161 0.184 0.207 160 0.020 0.040 0.060 0.080 0.101 0.121 0.141 0.161 0.181 180 0.018 0.036 0.054 0.072 0.090 0.108 0.126 0.144 0.162 200 0.016 0.032 0.048 0.064 0.080 0.097 0.113 0.129 0.145 220 0.015 0.029 0.044 0.058 0.073 0.088 0.102 0.117 0.131 240 0.014 0.027 0.040 0.053 0.067 0.081 0.095 0.108 0.121 Traffic Fatalities inIllinois - 1995 to 2003 Year Total Traffic Deaths Alcohol Related Deaths Percent Alcohol- Related 1995 1,586 700 44% 1996 1,477 678 46% 1997 1,395 597 43% 1998 1,393 619 44% 1999 1,456 646 44% 2000 1,418 628 44% 2001 1,274 623 44% 2002 1,420 653 46% 2003 1,453 639 44% Sou r ce- National Highway Traffic Safety Administration - State Traffic Safety System [ Back to the Top ] [ Back to the Teachers Resource Guide's Table of Contents ] Home | Search | Sitemap | Find it Quick! | Maps & Directions | Legal Links | Reference Links Administrative Office of the Nineteenth Judicial Circuit 18 N. County St., Waukegan, IL 60085-4359 Phone: (847) 377-3600 TDD: (847) 360-2975 Questions or Comments - email: courts@co.lake.il.us Nineteenth Judicial Circuit Court of Illinois. All rights reserved.
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DUI / DWI, Drinking 
