.08 In Every State
In Illinois, like all U.S. states, .08 is the maximum blood alcohol content that a person may have while operating a motor vehicle (including all-terrain vehicles, snowmobiles and boats). If you are a first-time DUI offender, you may wonder how you could have registered over the legal limit when you only had a couple of drinks.
Alcohol affects everyone differently, but a woman, on average, may reach the legal limit by having one or two drinks within a one-hour period. An average man may reach the limit by consuming two to four drinks in an hour. While a relatively small amount of alcohol may have legitimately pushed your blood alcohol content over the legal limit, it’s also possible that a BAC test was in accurate.
Penalties For A First-Time DUI Conviction
Speed traps, erratic driving, running a stop sign or even just having a broken headlight can result in getting pulled over. Police officers are trained to detect intoxication and, even without definitive proof, may arrest you on suspicion of driving under the influence.
But what happens if you are charged and convicted? A first-time DUI in the state of Illinois, penalties may include:
- Fines. Those who are found guilty of DUI may be subject to fines of up to $2,500 as when fees and state surcharges are added.
- Jail sentence. A first offense for drunk driving can yield a jail sentence of up to 364 days, though often a judge will often sentence probation in lieu of incarceration.
- Loss of driving privileges. A one-year statutory summary suspension of a person’s license can be imposed.
- License reinstatement costs. A person will have to pay fees associated with the reinstatement of driving privileges and vehicle registration.
Given that these and other significant penalties loom over you for a DUI, it is important to get legal advice from a trained attorney as soon as possible. There may be circumstances in which the case can be dismissed, or charges may be reduced to a lesser offense.
A Lawyer Can Help You Build a Defense
Whether you are dealing with a first intoxicated driving arrest or this is a second DUI offense, a lawyer understands driving under the influence laws and can help you explore your legal options. For example, a good attorney will question whether the police officer actually had the right to pull you over, and if that right did exist, determine if the officer have reasonable grounds for arresting you.
A lawyer can also seek a plea deal on your behalf. In the case of a first-time DUI charge where the person has no other criminal record, plea agreements such as “court supervision” may be available. While these agreements carry specific requirements — such as alcohol education and assessment, probation and community service — they can allow you to avoid the harsher penalties resulting from conviction.
