Illinois DUI Lawyer Blawg
Repeat DUI offenders typically face substantially greater consequences than people charged or convicted for the first time. However, certain circumstances surrounding an initial DUI can also expose a motorist to additional requirements and penalties. A recent report concerning Colorado’s “persistent drunk driver” law describes how a person can receive that designation after a single DUI arrest under certain circumstances. Illinois does not use the same designation, but its laws similarly impose enhanced consequences based on factors such as a particularly high blood alcohol concentration and refusal of chemical testing. If you are facing a first DUI charge in Illinois, understanding these distinctions can be critical when evaluating the possible consequences of the case.
Colorado’s Persistent Drunk Driver Classification
It is reported that Colorado law ordinarily treats a motorist with more than one DUI conviction as a repeat offender but also recognizes a separate classification known as a “persistent drunk driver.” According to the article, a driver can receive that classification by refusing chemical testing following a DUI arrest, driving with a blood alcohol concentration twice the legal limit of 0.08, or driving while the person’s license is suspended because of a previous DUI.
Reportedly, a motorist whose BAC measures 0.16 or greater can receive Colorado’s persistent drunk driver designation even when the incident represents the driver’s first DUI offense. The article describes a BAC at that level as severely intoxicated driving. Thus, the classification does not depend exclusively on a history of multiple convictions, although having more than one DUI conviction is another way a person may fall within the designation.
It is reported that motorists subject to the Colorado provisions can face substantial requirements before fully restoring their driving privileges. The article discusses ignition interlock requirements, proof of financial responsibility through SR-22 insurance, and alcohol treatment and education. The amount of required education can increase depending on the circumstances, including whether a driver refused chemical testing. State police emphasized these consequences as part of an impaired-driving awareness campaign intended to demonstrate that the effects of a DUI can continue well beyond the initial arrest.
Illinois Imposes Enhanced Penalties for a First DUI With a High BAC
Illinois does not employ Colorado’s persistent drunk driver classification, but a high BAC can significantly affect the consequences of a first DUI conviction. Under 625 ILCS 5/11-501, a first DUI is generally a Class A misdemeanor when circumstances do not elevate the offense. However, when a first offender had an alcohol concentration of 0.16 or greater, Illinois law requires additional mandatory penalties beyond those ordinarily associated with a first DUI.
For a first DUI conviction involving an alcohol concentration of 0.16 or more, Illinois law provides for a mandatory minimum fine of $500 and a mandatory minimum of 100 hours of community service in addition to any other applicable penalties. This means that a defendant’s measured alcohol concentration can affect sentencing even without any prior DUI conviction. The prosecution must nevertheless establish the underlying DUI offense and prove the facts necessary to support the enhanced penalty.
Refusing chemical testing can also substantially affect a first-time DUI defendant in Illinois. Illinois’ implied consent law provides for a statutory summary suspension when a motorist refuses qualifying chemical testing after a DUI arrest. The period of suspension for a refusal is generally longer than the suspension imposed when a first offender submits to testing and produces a result at or above the statutory alcohol concentration. These administrative driver’s license consequences are separate from the criminal prosecution, meaning they may apply even before the DUI charge itself has been resolved.
Consult an Experienced Illinois DUI Defense Attorney
Even a first DUI arrest can carry serious criminal and driver’s license consequences, particularly when prosecutors allege a high BAC or a motorist refused chemical testing. Understanding which enhanced provisions apply and whether the evidence supporting them can be challenged is an important part of developing a defense. Theodore J. Harvatin of the Harvatin Law Offices, PC, is an experienced Illinois DUI defense lawyer with the skills and experience needed to help you seek the best legal result available. To schedule a confidential consultation, contact Mr. Harvatin at (217) 525-0520 or use the online form.