Illinois DUI FAQs

I was arrested for a DUI and wasn’t drunk.

When an Illinois officer suspects you of driving beneath the impact, be prepared for a sobriety test. It may include a breathalyzer to decide the level of liquor in your system. In case the officer accepts they have adequate verification that you’re driving beneath the Illinois .08 BAC , you’ll be taken to a holding facility.

Once at the facility, you’ll be required to submit a blood, urine and breathalyzer test. Refusing to undergo chemical sobriety tests results in automatic suspension of your driver’s license. First-time offenders lose their driving privileges for one year but could qualify for driving with a monitoring device under certain conditions. Repeat offenders lose their driving privileges for three years. Remember—this is all for refusal to submit to testing before your DUI case is even tried in court.

How expensive is a DUI?

What amount does a DUI cost in Illinois? The expense of a DUI to expect in Illinois begins at $1,300 for an attorney to safeguard a first offense DUI case. The all out cost to hope to pay for an Illinois DUI case will differ with every driver, since no capture situation is actually the equivalent for every driver.

How Long Do I lose my drivers license for if I get a DUI?

A driver’s first two DUI convictions are considered misdemeanors. Every conviction afterward constitutes a felony, with a minimum of three years in prison and suspension of driving privileges for at least ten years—potentially for life.

A DUI can never be expunged from your driving record. Courts may institute requirements that you put an ignition interlock device on your car—at your expense. Your auto insurance rates will also go through the roof, and you could be suspended from registering your automobile or ordered to complete multiple hours of community service. If the incident in question involved an accident resulting in death, the driver faces the prospect of conviction on felony murder charges.

BAIID Installation Questions

Question: What do I do if I don’t own a car to have the BAIID installed in? I have been approved for an RDP in Illinois. The letter the Sec. of State sent me says I must meet any and all requirements of the Office of the Secretary of the state as well as the terms and conditions of the BAIID and be in receipt of said RDP. I do not own a car but plan to use a friend’s car to go to work. What do I do? Can I not drive a friend’s car without BAIID installed? Why must I have a BAIID?

Answer: If you don’t have a car, your best bet would be to decline the issuance of your permit until you can get a car because if you don’t have a car to install the BAIID and the 14-day requirement expires then your permit will be canceled by the Secretary of State, SOS,. Have your friend drive you to work until you can acquire a car from possibly a family member. Then reapply for the permit.

Question: CAN I NOT DRIVE A FRIEND’S CAR WITHOUT BALLD INSTALLED? WHY MUST I HAVE BAIID?

Answer: No, you cannot drive a friend’s car without BAIID installed. A person issued an MDDP, or RPD as you stated above, must, at his or her own expense, drive only vehicles equipped with an ignition interlock device (which is a BAIID). See 625 ILCS 5/6-206(1). Thus, you cannot drive a friend’s car without a BAIID installed in this case because the statute requires for you to have the BAIID installed. If your friend will allow you to have the device installed in their car you will be in compliance under the statute, but this type of situation would require your friend to use the BAIID to use the car, which could turn out bad for several reasons. Also, you need to consider the other procedures you will need to comply with regarding the BAIID. You must maintain your BAIID reports. For example, you will be required to have the BAIID continuously updated and downloaded, which may be a problem if the BAIID is not installed in your own car.

Moreover, if you don’t have a car, your best bet would be to decline the issuance of your permit until you can get a car because you only have 14days from when you received the letter from the SOS. The SOS states, The offender must have an ignition interlock device installed within 14 days of the date the Secretary issues the MDDP. See 625 ILCS 5/6-206(1). Failure to comply will result in cancellation, which means you would not be able to get another chance to receive a driving permit.

Furthermore, if you do not have a car, your best bet would be to decline the issuance of your permit until you can get a car because if you do not have a car to install the BAIID within the 14 days, your permit will be canceled. It is easy to decline issuance. The SOS states, The notice shall also include information summarizing the procedure to be followed if the person wishes to decline the issuance of the MDDP. See 625 ILCS 5/6-206(1). After voluntarily terminating participation, a person may only re-enroll once. 92 Ill Adm Code § 1001.444(a)(6). Therefore, if you wait by voluntarily terminating your participation at this time, you may reapply later in your suspension period once you are able to acquire your own car.