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Nebraska DUI Law Information

Nebraska drivers face severe fines and penalties if convicted of a DUI.

Illinois DUI Law Information

Drivers arrested in the State of Illinois for driving under the influence of drugs or alcohol (DUI) will face severe DUI penalties, including potential jail time, a driver’s license suspension, potential mandatory ignition interlock installation, and fines.

Illinois DUI defined

Illinois DUI statutes state it is illegal for any driver who is under the influence of alcohol, other drug or drugs, intoxicating compound or compounds (including cannabis (marijuana) prescribed for medical purposes) to drive or to be in actual physical control of any vehicle if the substance renders them unable to drive safely. It is also illegal for a driver to drive or be in actual physical control of a motorized vehicle if their blood alcohol concentration is 0.08% or higher.

Illinois Look Back or wash-out period: Varies

Illinois DUI look back laws are complicated. Talk to an Illinois DUI lawyer for more information about whether your previous DUI convictions will increase your current DUI penalties.

Criminal DUI Penalties in Illinois

First DUI offense:
(Class A Misdemeanor)

  • Up to one year in jail
  • Fines up to $2,500
  • $500 DUI technology fee or assessment plus court costs
  • Probation
  • Possible random drug and alcohol testing and substance treatment
  • Community service
  • Restitution for any damages to injured parties
  • Mandatory installation of an ignition interlock device 

Drivers may be charged with an aggravated DUI and be assessed more severe penalties for a first time DUI if their BAC was 0.16% or higher. 

Second DUI offense:
(Class A Misdemeanor)
 

  • Minimum imprisonment of five days or 240 hours of community service
  • High fines
  • Probation
  • Mandatory attendance in a victim impact panel
  • Revocation of driving privileges for at least 5 years (if the second conviction is within 20 years of the first)
  • Suspension of vehicle registration
  • Mandatory installation of an ignition interlock device

Addition penalties and fines if the driver’s BAC was 0.16% or higher or if they were transporting a child under the age of 16.

Third DUI offense:
Class 2 felony
 

DUI statute allows for the following

  • 10 days in jail or 480 hours of community service
  • Mandatory 90 days in jail if the driver’s BAC was 0.16% or higher
  • $1,000 DUI technology fee in addition to other court costs and fines
  • Fines up to $2,500
  • Drivers charged with transporting a child under the age of 16 must pay a mandatory $25,000 fine
  • Restitution for any damages to injured parties
  • Mandatory attendance in a victim impact panel
  • Revocation of your driver’s license for 10 years (regardless of how long it has been since the driver’s last DUI)

Illinois DUI lawyers state courts almost never allow third time offenders to avoid jail. Claimants who take their court to trial and are found guilty can be charged from 3 to 7 years in jail. For this reason, most defendants take a plea and generally receive up to 180 days in jail but may be allowed work release (assuming it is available in the county and the judge approves).

Administrative Penalties in Illinois

Drivers in Illinois have given their implied consent to submit to a chemical test if they have been arrested for DUI. Failure to consent to the required testing may result in administrative penalties, which are administered by the Illinois Secretary of State and are imposed regardless of whether the driver is ultimately convicted of DUI.

Drivers who refuse the chemical test or who have a BAC above the illegal limit will face the following administrative penalties:

  • First test failure- 6 month license suspension
  • First test refusal- 12 month license suspension
  • Second test refusal- 3 year license suspension
  • Third test refusal- 3 year license suspension
  • Some drivers may request an ignition interlock device after 30 days of the suspension
  • $250 driver’s license reinstatement fee

To challenge an administrative suspension, drivers must request an administrative hearing by contacting the Illinois Secretary of State. If you do not request a hearing the actual suspension of your license begins 46 days after you have received notice.

(Read more: - state laws )





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