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Basics of a DUI

Posted by attorney Vijay Sharma

Administrative License Suspension/Revocation The Administrative License Suspension/Revocation penalties indicated here refer to minimum mandatory penalties imposed on drivers whose BAC is above the state limit for intoxication, or drivers who refuse to submit to BAC testing. The limit in Illinois is 0.08. Administrative suspension or revocation of a driver’s license is carried out by the Illinois Secretary of State, separate from any criminal court penalties. Illinois imposes harsher penalties for second or third DUI offenses.

Mandatory Alcohol Education and Assessment/Treatment Alcohol education and treatment/assessment penalties for DUI offenders can include mandatory attendance at DUI prevention programs, and assessment of potential alcohol dependency problems. Such programs are made “conditions" of a suspended sentence or probation, meaning that a DUI offender can avoid jail time if he or she completes participation in the program. Typically a Judge will not even allow a person to plea guilty unless their “eval" is completed.

Vehicle Confiscation Vehicle confiscation penalties allow a motor vehicle department or law enforcement agency to seize a DUI offender’s vehicle, either permanently or for a set period of time. The return of the vehicle requires payment of fines and significant administrative costs.

Breath Alcohol Ignition Interlock Device(BAIID) A vehicle ignition interlock breath-testing device measures a vehicle operator’s BAC, and will prevent operation of the vehicle if more than a minimal amount of alcohol is detected (i.e. BAC level of .02). DUI offenders will usually be required to pay the costs of installation, rental, and maintenance of an ignition interlock device. BAIID devices are now needed in order for a Petitioner to receive a Monitoring Device Driving Permit (MDDP).

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