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Alcohol, DUI, involved in accident and received ticket in IL

I received a traffic ticket AFTER I was already home.
I went on a date, he drove, and got me drunk. He then drove me to my car. On my way home, I was in an accident with no damage to my car.
I don't recall this happening at all! I get home and 10 minutes later police came to my door and wrote me a ticket.
Was my date responsible for letting me drive drunk?
I don't even recall leaving the bar we were at.

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Attorney answers (2)

Reputation Level 15
You need to speak to an experienced criminal defense lawyer in your community about any possible defenses. Without knowing the ins and outs of Illinois law, generally speaking, one person is not legally responsible for a DUI criminal offense because he allowed another licensed adult to drive her own car.

If you cannot afford an attorney, ask for the court to appoint a public defender when you get to court.
2 people marked this answer as good

Avvo Pro

Reputation Level 13
As far as criminal responsibility, voluntary intoxication is not a defense to DUI in Illinois. Your boyfriend does not likely bear criminal responsibility. Based on the information you provided, you should be careful not to speak to anyone about your case at this point other than an attorney. Of course, you should immediately seek counsel regarding this matter, as DUI and leaving the scene of an accident, when charged as misdemeanors, are punishable by up to 364 days in jail and up to $2500 in fines.
A public defender may be available for defense of the criminal charges if you qualify under federal poverty guidelines, but public defenders are not authorized under Illinois law to assist you in addressing any driver's license suspension you face as a result of your arrest. In most cases, under current law, DUI defendants with no prior DUI arrests within 5 years will face either a 3 month or a 6 month suspension depending on the circumstances.
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Other answers (1)

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twd

If all you received is a ticket, consider yourself lucky. You could have been arrested. As for your date letting you drive home drunk, it would be a civil case. That being said, seeing you were old enough to drive and go drinking, you should have been old enough to use common sense and not let it get to that point. If this guy was a stranger, something worse could have happened.

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