If you are convicted ofdriving under the influence (DUI) in Illinois your driver’s license may be suspended, revoked, or placed under supervision. However, the fact that you have been convicted of a DUI does not necessarily mean that that your driving privileges will be curtailed. It all depends on the circumstances surrounding your DUI.

Before we examine some situations under which driving privileges are often limited in connection with DUIs, let us briefly discuss the difference between a revoked license, a suspended license, and a supervised license in Illinois.

While there are a variety of technical differences between a revoked and a suspended license, the key difference is that a suspension has an end date while a revocation is permanent. A suspended license can be reinstated after a certain amount of time has passed and a hearing officer from the Secretary of State has confirmed that all stipulated requirements have been satisfied. However, a revoked driver’s license can not be reinstated (although the driver can usually apply for a new license after some time has passed). Furthermore, a license suspension is often temporary and will be lifted as soon as the driver successfully jumps through specified hoops (for example, paying fines, maintaining a clean driving record, completing alcohol classes etc.).

All driving under the influence (DUI) convictions are serious offenses. But, in the eyes of the law, an offender who is caught driving while impaired by drugs or alcohol under certain extreme circumstances is seen as being as being more morally culpable than others, and can therefore be charged with the elevated offense of aggravated driving under the influence (also referred to as felony DUI).

Each state defines aggravated driving under the influence a bit differently. However, here in Illinois, felony driving under the influence is codified under code section 625 ILCS 5/11-501 and, in a nutshell, states that an individual commits an aggravated DUI when he or she is in actual physical control of a vehicle in Illinois while under the influence of alcohol, drugs, intoxicating compounds, or a combination thereof, and any of the following aggravating factors were present:

• This is the offender’s third or more DUI offense;
• The offender was driving a school bus with at least one passenger aboard;
• The offender was involved in an accident resulting in great bodily harm, permanent disability, or disfigurement to another (when driving under the influence was the proximate cause of the injury);
• The offender was previously convicted of reckless homicide while under the influence of alcohol, drugs, or intoxicating compounds;
• The offender was driving in a 20 mph school zone and was involved in an accident resulting in bodily harm (when driving under the influence was the proximate cause of the injury);
• The offender was involved in a motor vehicle, all-terrain vehicle, snowmobile, or watercraft accident resulting in the death of another (when driving under the influence was the proximate cause of the injury);
• The offender was driving with a revoked or suspended license;
• The offender did not possess a driver’s license or permit;
• The offender knew, or should have known, that the vehicle they were operating was not covered by a liability insurance policy;
• The offender was in an accident while transporting a child under the age of 16 who sustained bodily harm (when driving under the influence was the proximate cause of the injury);
• The offender has at least one prior DUI violation and was transporting a child under the age of 16; or
• The offender was transporting at least one passenger in a vehicle for hire.

Common Defenses

With technology becoming more ofan integral part in our vehicles, the prospect of having our roadways dominated by self-driving cars is inching closer toreality. It is not hard to identify the perks of driverless cars. Fewer accidents and less road rage incidents are what some autonomous car designers are pointing to with their investors.

One major issue developers are hoping for is that driverless cars will help solve, if not eradicate, the issue of drunk driving. In theory, one would be able get into his or herself-driving car, push some buttons, and have his or hercar deliver the individualsafely to his or herdestination.

Yet oneof the looming questions about whether a person in a driverless car is operating the vehicle for the purposes of a DUI law is the question of who is actually in control.

Operating a vehicle under the influence of any drug or combination of drugsis illegal in Illinois. Even though medical marijuana is legal with a valid medical card in Illinois, the state previously had a zero-tolerance policy regarding the presence of tetrahydrocannabinol (THC) in one’s system.

Governor Rauner signed SB 2228 into law which made changes to the Illinois DUI statute. Instead of investigating whether there are trace amounts of THC in a defendant’s blood, this new law creates a tiered system for impairment.

The new law dictates that it is now illegal to drive or be in actual control of a vehicle with more than 5ng of THC per ml of a person’s blood or bodily substance. Officials have determined this level is close in proximity to the .08 blood alcohol content (BAC) level for driving under the influence.

Countless people in Illinois get behind the wheel while under the influence of alcohol or drugs, despite knowing thatdriving under the influence is illegal. Adriver maythink that he or she issober enough to driveor willnot get caught. However,if you arecaught, you will quickly find out that Illinois law enforcement does not take DUI very lightly.

Police are often harsh on drivers who are intoxicated behind the wheel and they will often look for ways to stack up as many criminal charges against an intoxicated driver as possible. But in some situations the driver actually gives the police good reason to add on additional criminal charges.

Extra Charges When the DUI Results in An Accident