The officer pulled me over and asked me to submit to field sobriety tests, why?

If you’re pulled over and the officer asks you if you’ve been drinking tonight or the officer suspects you’ve been using drugs or a combination of both, or other chemical compounds, the officer has reasonable suspicion to conduct a DUI investigation in order to ensure that you are ok to drive. This means the officer has already observed your eyes, breath, speech, and did a cursory inspection of your car to see if there’s anything suspicious laying around (alcohol, drugs or drug paraphernalia). You will next be asked to step out of your car  and asked to take field sobriety tests. Here, you can either refuse or agree to take the tests.

If you agree to take the tests, you will be given a number of Field Sobriety Tests (FSTs) which allow the officer to determine whether you are impaired. While administering these tests, the officer make notes of your performance and may also video record your performance.

The most common field sobriety tests are:

1. HGN test (horizontal gaze nystagmus test)
2. Walk and Turn
3. One Leg Stand

If the officer suspects you of driving under the influence of drugs, a combination of drugs, or other chemical compounds, the officer will dispatch a DRE (drug recognition expert) officer who will arrive on scene to perform a series of tests to determine whether you are impaired by administering these additional tests:

    4. Modified Romberg test (checks your balance while your head is tilted back and  for eye and body tremors)
    5. Finger to nose test
 6. Lack of Convergence test (basically checks to see if you can cross your eyes which is difficult when under the influence of drugs) 

Once the tests are administered, the officer will next ask you to blow into a PBT (portable breathalyzer). If you refuse to blow or blow over .08, you will be arrested and taken to the police station. Remember, if you blow into the PBT, the results may NOT be used against you if take your case to trial. Remember, the officer's squad video is recording you during the the ride back to the station and observations of your being and anything you say will be recorded and reflected in the officer's report. 

At the police station, you will be taken into a room and observed by the officer for what is called a 20-minute observation period. Here, the officer is looking to see if you have anything in your mouth, ensuring you don’t eat or drink anything, to prepare you for the breathalyzer test. Once the 20-minute observation period is over, the officer will ask you to blow into the breathalyzer machine which measures your blood alcohol level. If you blow into the machine and you are .08 over, you are now formally charged with a DUI, being .08 or over the legal limit in Illinois under 11-501(a)(1). If you refuse to blow, you will be charged for a DUI under 11-501(a)(2).

See https://www.ilga.gov/legislation/ilcs/documents/062500050K11-501.htm

Depending on whether you have prior DUIs on your criminal record (in Illinois or out of state) and are charged for a DUI in Illinois, know that the officer can always screen the call with the State’s Attorney Office to enhance your charges to a felony. Let’s say you’re also refusing to give a blood, breath, or urine sample and you have prior DUIs, the officer will most likely apply for a search warrant for your blood to be drawn if you’re refusing to blow or provide a blood/urine sample through the State’s Attorney Office and the Judge. Talk to an experienced attorney to review your case and all the steps taken in your DUI arrest.

What happens once I’m charged with a DUI?

Once you’ve been formally charged with a DUI, you have to deal with the criminal aspect of the DUI and your driving privileges, which is civil. Your driving privileges will be suspended for a Statutory Summary Suspension. The length of the suspension depends on whether you blew or refused and whether you’re a first-time offender or not. Losing your driving privileges is scary and can put you at a great disadvantage.
Read more in the "What Happens to my Driving Privileges Once Charged with DUI"

What are the possible penalties I face for a DUI?

DUIs in Illinois are NO JOKE. They are taken very seriously and the possible penalties you face criminally can be detrimental and permanent to your criminal record. The penalties that come with a DUI charge can be costly and detrimental to your driving privileges. This is not an offense to be taken lightly and you should never walk blindly into and plead guilty until you’ve examined and viewed all the evidence surrounding your case. You should know your rights, the possible penalties you face, and the consequences of the charge. Talking to experienced attorney will help you understand the criminal and civil DUI process and it will affect your future.

Below is an overview of the possible criminal penalties and driving penalties for a DUI based on the number of violations you’ve allegedly committed:

1st violation – Class A Misdemeanor

• court supervision eligible (you cannot expunge this charge ever)
• if your BAC (Breath Alcohol Content) was > .16, you must serve a minimum of 100 hours of public service employment and a mandatory minimum $500 fine
• if you were transporting a child under 16 years old at the time of the DUI, you are subject to 6 months of imprisonment, must pay an additional mandatory minimum find of $1000 and serve 25 days of community service in a program benefitting children
• if you were transporting a child under 16-year-old and had a crash that caused bodily harm to the child under 16, this is now Aggravated DUI and becomes a class 4 felony
  
  
• What happens to my license? If convicted, your license is revoked for 1 year; if you were under 21 and convicted, your license is revoked for 2 years

2nd violation – Class A Misdemeanor

You are not eligible for court supervision if:

• you were previously convicted or assigned court supervision for a DUI in Illinois or another state.

            See 730 ILCS 5/5-6-1(d)(1-2)

• you have a prior charge or finding of guilty of Reckless Driving and the plea was a result of a plea agreement or stipulation. This means that if you had a prior DUI charge and the prosecutor agreed to amend it to Reckless Driving, you may not get court supervision for your second DUI charge.
  See 730 ILCS 5/5-6-1(d)(3)
• you must serve a mandatory minimum term of either 5 days in jail or 240 hours of community service.
• If your BAC was over .16, you must serve an additional mandatory minimum 2 days in jail and a pay a mandatory minimum fine of $1,250.

• What happens to my license? It will be revoked for a minimum of 5 years if this is your 2nd violation in 20 years; your license plates will also be suspended.  See 625 ILCS 5/11-501(c)(2)

3rd violation – Class 2 Felony – Aggravated DUI

• Offense is probationable
• If you are sentenced to probation, you must serve a minimum term of either 480 hours community service or 10 days in jail as a condition of the probation in addition to any other criminal or administrative sanction. There is no day for day credit on the jail term. See 730 ILCS 130/3
• If your BAC was over .16, you must serve an additional mandatory minimum 90 days in jail and minimum $2500 fine.
  
  
• What happens to my license? It will be suspended for a minimum of 10 years; vehicle registration will be suspended.  See 625 ILCS 5/11-501(f) 

4th violation – Class 2 felony – Aggravated DUI

• Offense is NOT probationable
• 3-7 years in IDOC (Illinois Department of Corrections)
• If your BAC was over .16, an additional mandatory minimum fine of $5000
  
  
• What happens to my license? Your license and registration will be revoked for life.
  See 625 ILCS 5/11-501(d)(2)(C)

5th violation – Class 1 felony – Aggravated DUI

• Offense is NOT probationable
• 4-15 years in IDOC (Illinois Department of Corrections)
• If your BAC was over .16, an additional mandatory minimum fine of $5000
  
  
• What happens to my license? Your license and registration will be revoked for life

            See 625 ILCS 5/11-501(d)(2)(D)

6th or subsequent violation – Class X Felony – Aggravated DUI

• You’re now facing an Aggravated DUI and a CLASS X Felony with a punishment of 6-30 years in IDOC (Illinois Department of Corrections)
• If your BAC was over .16, an additional mandatory minimum fine of $5000
  
  
• What happens to my license? Your license and registration will be revoked for life

           See 625 ILCS 5/11-501(d)(2)(E)

Additional consequences to your driving privileges because of a DUI:

• You are required to complete an alcohol/drug evaluation and an alcohol/drug remedial education course or substance abuse treatment program before driving privileges are reinstated. 
      See 625 ILCS 5/11-501(d)(1)(H)
• You must meet the requirements of the Secretary of State’s Department of Administrative Hearings prior to obtaining an RDP (Restricted Driving Permit)
• A Breath Alcohol Ignition Interlock Device (BAIID) may be installed on your vehicle as a condition of driving relief.
• You are required to carry high-risk auto insurance for three (3) years (SR22)
• Your vehicle registration will be suspended
• Your car may be seized or impounded by local authorities for:
  1.  Committing a DUI when your driving privileges were suspended/revoked for a previous DUI or
   reckless homicide;
  2. Committing a DUI with a previous conviction of reckless homicide, Aggravated DUI with death or
  great bodily harm;
  3.  Committing a third or subsequent DUI
  4.  Committing a DUI without a valid driver’s license or permit, or
  5.  Committing a DUI when you had no insurance

                See 625 ILCS 5/11-501.01

When does a 1st or 2nd violation DUI get charged as a Class 4 felony?

Depending on the facts and circumstances at the conclusion of your DUI investigation, you may be charged with Aggravated DUI, a class 4 felony. Illinois is strict with driving laws and DUIs and in some instances, you will be charged with a felony instead of a misdemeanor, even if it is your first violation.

You will be charged with a class 4 felony if at the time of your DUI:

• Your driver’s license was suspended or revoked for DUI, Statutory Summary Suspension, Leaving the Scene of a Motor Vehicle Accident involving death or personal injury or reckless homicide. 
  See 625 ILCS 5/11-501(d)(1)(G);
• You did not possess a driver’s license of permit, a restricted driving permit or a judicial driving permit.        See 625 ILCS 5/11-501(d)(1)(H);
• You knew or should have known that the car wasn’t covered with liability insurance.
  See 625 ILCS 5/11-501(d)(1)(I);
• You were involved in an accident that resulted in bodily harm (not great bodily harm) to a child under the age of 16 being transported by you, if the violation was the proximate cause of the injury.                               See 625 ILCS 5/11-501(d)(1)(J);
• You were driving a school bus with one or more passengers on board under the age of 18.                             See 625 ILCS 5/11-501(d)(1)(B);
• You were involved in an accident that resulted in great bodily harm or permanent disability of disfigurement to another, where the violation was a proximate cause of the injuries (license revoked for a minimum of 2 years).  
  See 625 ILCS 5/11-501(d)(1)(C);
• You were driving at any speed in a school speed zone where the speed limit of 20 miles per hour was in effect and you got in an accident that resulted in bodily harm (not great bodily harm or permanent disfigurement) to another person, when the violation was the proximate cause of the bodily harm.              See 625 ILCS 5/11-501(d)(1)(E)
  
  

If you fall into one of the above situations and receive probation or conditional discharge, the law says that you must serve either a minimum term of 480 hours of community service or 10 days in jail as a condition of the probation or conditional discharge. This is in addition to any other sentence the judge orders you to. There is no day for day credit on the jail term so if you have days in from the initial arrest to the time you were released on bond, that time won’t count towards your 10 days.

See 625 ILCS 5/11-501(f) and 730 ILCS 130/3

Am I eligible for Court Supervision on my DUI?

The only instance you are eligible for court supervision on a DUI is if you are a first offender. Illinois law states that a first offender is someone who has not had a prior DUI conviction or supervision or prior statutory summary suspension in the past 5 years or been convicted of DUI in another state in the past five years. If you have, you are NOT considered a first offender. Also, if you have a DUI-based suspension in the past 5 years, you are not a first offender unless you submitted to testing and was found not guilty of the criminal charge. See 625 ILCS 5/11-500

If you are a first offender, you may receive court supervision, but remember it is in the judge’s discretion to assign it to you. If you have an out of state DUI, know that it will appear on your criminal and driving record and you will not qualify for court supervision in Illinois if you were either convicted or assigned court supervision for an out of state DUI.

See 730 ILCS 5/5-6-1(d)(1-2)

Another point that needs attention that many people are not aware of is that if you receive court supervision for a DUI and successfully complete your sentence, you will not be able to expunge (erase) or seal (hide) the charge. The DUI supervision or conviction will remain on your driving abstract and your criminal record forever. Talking to an attorney about your options when you are a first offender will help you in making the best choice for your future and keeping your driving privileges.