Frequently Asked Questions
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. |