Cook County DUI Lawyers
DUI Overview
Illinois state law defines driving under the influence (DUI) as “operating a motor vehicle while impaired by alcohol, other drugs, or intoxicating compounds.” A driver is considered too impaired to operate a vehicle in Illinois when his or her blood alcohol concentration is .08 percent or higher, or when he or she is impaired by the consumption of any amount of alcohol. A driver will also be charged with DUI if he or she operates a vehicle while under the influence of an illegal substance, or is impaired by a prescription or over-the-counter medication. A high concentration of drugs and alcohol in the body can significantly affect the driver’s coordination, judgment, physical control, reaction time, and level of alertness. When a person consumes alcohol to the point of impairment and then operates a vehicle, his or her chances of causing a serious or fatal accident increase dramatically, and the State of Illinois and county of Cook enforce DUI laws vigorously.
Illinois DUI Law
When a police officer has probable cause that a person was driving under the influence, he or she may arrest the driver for DUI. Once the officer has tested the driver’s BAC and determined it is .08 percent or more or tested the driver for the presence of an intoxicating or illegal substance, the officer can then add additional DUI charges.
As soon as a driver is arrested for DUI, he or she will have two separate legal processes to contend with: a criminal trial and a summary suspension hearing. The criminal trial is where the driver will be tried for committing the crime of driving under influence. The summary suspension hearing is a completely separate process from the criminal trial initiated by the motorist, and has no bearing on the outcome of the criminal case. Summary suspension hearings are an opportunity for the driver to challenge the suspension of his or her driver’s license, which will be suspended on the 46th day after he or she is given notice of the DUI suspension. Notice of the Statutory Summary Suspension is usually given on the date of the DUI arrest.