other alcahol related offenses


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other alcahol related offenses

PENALTIES FOR OTHER ALCOHOL-RELATED OFFENSES

Aggravated DUI

A third or subsequent DUI conviction; a DUI while driving a school bus carrying children; a DUI resulting in great bodily harm, permanent disability or disfigurement; or a DUI after a prior conviction for reckless homicide.

A Class 4 felony with possible imprisonment for one-three years and fines of up to $25,000.
One-year minimum revocation of driving privileges.
Possible imprisonment for one-12 years for DUI resulting in great bodily harm, permanent disability or disfigurement.

Aggravated DUI Involving a Death

A DUI resulting in one or more deaths.

A Class 2 felony with possible imprisonment of three-14 years and fines of up to $25,000.
Possible imprisonment for six-28 years for multiple fatalities.
Two-year minimum revocation of driving privileges.

Reckless Homicide (DUI)

A DUI resulting in the loss of life.

A Class 2 felony with possible imprisonment for three-14 years and fines of up to $25,000.
Possible imprisonment for six-28 years for multiple fatalities.
Two-year minimum revocation of driving privileges.

Possession of Drugs in a Vehicle

Illegal Possession of a controlled substance or cannabis by a driver; violations must be entered in court records and reported to the Secretary of State.

One-year suspension of driving privileges for a first conviction.
Five-year suspension of driving privileges for a second conviction within five years.

Knowingly Permitting a Driver Under the Influence to Operate a Vehicle

A Class A misdemeanor with possible imprisonment of up to one year and fines of up to $2,500.

Driving on a Suspended or Revoked License

Applies to a driver whose license was suspended or revoked for DUI, leaving the scene of a personal injury or fatal crash, reckless homicide, or statutory summary suspension.

Seizure and forfeiture of the driver’s vehicle.
Mandatory 10-day imprisonment or 30 days of community service and fines of up to $2,500.
Double the original suspension period or a one-year extension to the length of the revocation.
A second conviction is a Class 4 felony with mandatory imprisonment of 30 days or 200 hours of community service.
A third conviction is a Class 4 felony with mandatory imprisonment of 30 days and is not eligible for community service.
A fourth conviction is a Class 4 felony with mandatory imprisonment of 180 days.
Upon a fourth conviction, a judge has the discretion to seize the offender’s license plates or order the immobilization of the offender’s vehicle for an indeterminate period of time.

Dram Shop

An employee or owner of an establishment may be held liable for a crash resulting from the unlawful selling, giving or delivery of alcohol in that establishment to a minor, intoxicated person or person known to be under legal disability or in need of mental treatment.

· Liability is limited $50,467 for property damage or personal injury.

· Liability extends to $61,682 for a loss of means of support due to death or injury.

Illegal Transportation/Open Container

Transporting, carrying, possessing or having any alcoholic beverages in the passenger compartment of a motor vehicle, except in the original container with the seal unbroken, is illegal. Exceptions to the law are limousines, motor homes mini motor homes and chartered buses not hired for school purposes.

Maximum $1,000 fine and a point-assigned violation on the driver’s record.
One-year driver’s license suspension or revocation for a second conviction within 12 months.
Mandatory one-year license suspension for an offender under age 21 for a first offense, and a mandatory license revocation for a second offense.