DUI FAQ's

What is BAC?

BAC stands for Blood Alcohol Concentration. BAC is a measurement of the amount of alcohol in your system. This amount is based on a test of your breath, blood or urine. In Illinois it is illegal to drive a car if your BAC is .08 percent or greater.

What affects BAC?

BAC can be affected by the amount of alcohol you consume, the time period in which you consume it and your body weight or size. Other things affecting your reaction to alcohol include the food you may have eaten, tolerance for alcohol and any drugs you may have taken.

What is the Implied Consent Law?

By the mere fact of driving on an Illinois roadway, you are deemed to have given your consent to submit to tests following an arrest for a DUI. These can include breath, blood and/or urine tests. The purpose of these tests is to determine if you had been drinking or using any other form of drug before or while driving.

Who may administer the blood test?

A doctor or registered nurse must perform the blood test, but you may have a qualified person of your own choosing administer more tests at your own expense.

What is DUI?

DUI stands for Driving Under the Influence of alcohol or drugs.

What happens if I am convicted of a DUI?

If you are convicted of Driving Under the Influence, your driver’s license and driving privileges will be revoked for a minimum of one year for the first offense, five years for your second offense committed within a 20-year period, and for 10 years for a third or subsequent offense.

What happens if I am convicted of a DUI and I am under 21?

If you are under 21 at the time of your DUI conviction, your driver’s license and driving privileges will be revoked for a minimum of two years for your first offense, for five years or until your 21st birthday, whichever is longer, for your second offense and for 10 years for your third or subsequent offense.

What is the summary suspension law?

If you are arrested and found to have a BAC of .08 percent or more and/or any trace of a controlled substance in your system while operating a motor vehicle, your driving privileges will be suspended for at least 3 months.

What is a Statutory Summary Suspension?

If you are arrested for driving under the influence of alcohol, you will be asked to submit to chemical testing and if you refuse you may receive a six or 24 month suspension of your driving privileges.

In addition to a Summary Suspension, you may be convicted of driving under the influence of alcohol and/or drugs. A DUI conviction will result in loss of driving privileges and you may be fined up to $1,000 AND given a jail sentence up to one year. If you are convicted of a second DUI within 20 years, you will lose your license for a minimum of three years and sentenced to jail for 48 hours or 10 days of community service and fined up to $1,000. While a third DUI conviction, which is a class 4 felony, will result in the loss of your license for a minimum of six years, a possible one to three year imprisonment and a fine of up to $10,000.

What is the difference between a revocation and a suspension?

A suspension means that you temporarily lose your driving privileges for a designated period of time or until you meet the set reinstatement requirements. While a revocation means that your driving privileges are taken away indefinitely.

Can I get into trouble for allowing someone under the influence to drive my car?

Yes, it illegal for you to allow someone to drive your vehicle if you know that person is under the influence. If convicted, you can be fined up to $1,000 and given a jail sentence of up to one year.

Can I get a copy of my driving record?

You can get a copy of your driving abstract from the Secretary of State. The abstract can be purchased in person or by writing the Secretary of State, 2701 S. Dirksen Parkway, Springfield, IL 62723. You need to include your driver’s license number or full name, sex and date of birth. You can also purchase an abstract in person at a driver’s services facility or at the public service center at suite 1210 of 69 West Washington Street, in Chicago.

How long do traffic tickets stay on my driving record?

Tickets issued for moving violations are part of your driving record for a minimum of four years. If the ticket was for a routine offense, such as speeding, it will be off your record six months after the four-year period has expired. Alternatively a ticket that was the basis for a suspension or revocation of your driver’s license will remain on your record for a minimum of seven years from the date that your driving privileges have been reinstated. NOTE: Alcohol or drug related offenses are never purged from the driving record.