Chicago DUI Attorneys

DUI Overview

Overview of a Chicago, Illinois DUI Arrest

Any DUI case will start with the initial police stop. An officer, upon observing any traffic violation (swerving, speeding, driving too slow, etc.) will pull over a motorist on the side of the road. The officer will then approach the vehicle and look for outward signs of intoxication: slurred speech, the smell of alcohol, or bloodshot and glassy eyes. If the officer still has reason to believe the motorist may be driving under the influence of alcohol and/or drugs, he or she will likely ask the motorist to exit the vehicle and perform one or more field sobriety tests. The motorist’s performance on these tests will influence the officer’s next decision – whether to take the motorist into custody and request a breath test or blood test.

DUI Charges & Illinois DUI Law

If a driver takes a breath or blood test and the result is above the legal limit (.08% or greater) he or she will face DUI charges. It is important to note, however, that even if a driver’s chemical test results are in the legal range, that he or she may still face DUI charges. DUI is defined in Illinois law as:

• Driving a motor vehicle with a blood alcohol concentration of .08% or greater,
• Driving a motor vehicle while under the influence of alcohol/drugs or a combination of alcohol and drugs, or
• Driving a motor vehicle with any amount of illegal drug (such as cannabis or other controlled substances) in one’s system.

“Under the influence” as mentioned in the second bullet point above, is defined in Illinois as impairment of physical and/or mental abilities to any degree. For this reason, a driver may face DUI charges even if his or her blood or breath test shows a result that is within the legal limit.

Additional DUI Information

Slightly different DUI laws apply to drivers under the age of 21, school bus drivers and commercial drivers. An underage driver or school bus driver may not operate a motor vehicle with any detectable amount of alcohol/drugs in their system. A commercial driver may not operate a motor vehicle with a blood alcohol level of .04% or greater. High breath results or the presence of children under the age of 16 may also mean enhanced penalties.

Chicago DUI Defense Lawyer

Contact a Chicago DUI defense lawyer at Fagan, Fagan & Davis today to discuss your arrest and charges as well as what can be done about this serious situation. We offer a free consultation with an attorney at our firm and represent clients throughout all of Chicago and the surrounding areas in Illinois.

Contact an attorney at Fagan, Fagan & Davis today.