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Enhanced Penalties & Interlock Ignition Devices


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    As covered thus far in this series about the legal consequences of drinking and driving, being charged with and convicted of a DUI offense in Illinois can have serious repercussions. Which is why if you have been charged with a DUI, it’s important that you understand all of the legal consequences you may face, and that you protect your best interests by hiring a skilled Illinois DUI attorney as soon as possible. Here’s a look into what you need to know about enhanced DUI penalties and interlock ignition devices.

    What are enhanced penalties?

    So far, we’ve discussed three major penalties of a DUI: license suspension, jail time, and fines. We have also discussed the parameters of those consequences for a first-time, second-time, and third-time DUI offense.

    What we have not yet discussed, though, is the fact that these penalties can be enhanced in the event that the DUI crime meets certain criteria. For example, if the DUI:

    • Results in property damage;
    • Results in personal injury to another party;
    • Was committed with an especially high BAC; or
    • Was committed with a child in the car,

    Then the DUI offense can have “enhanced” penalties. This essentially means that the penalties will be more severe, because the crime was more severe. Enhanced penalties can vary – it is best to speak with an attorney about your specific case if you think that you may be subject to enhanced penalties.

    Will I have to submit to interlock ignition device installation on my vehicle?

    Another question that many people who are facing DUI charges or have been convicted of a DUI have is in regards to an interlock ignition device (IID). This is one type of legal consequences that may be applied following conviction.

    Because even a first-time DUI in Illinois will result in a mandatory one-year license suspension, IIDs are not automatically installed; this wouldn’t make sense, as the individual is legally prohibited from driving anyway.

    However, there are some circumstances where a court will allow a defendant/convicted person to keep their license because revocation of the license would create an unreasonable hardship. For example, if the individual relies on their vehicle to get to and from work. A person may also petition the court for driving relief if they agree to have an IID installed on their vehicle.

    If the court grants the petition for driving relief, then the court will also request the installation of an IID as part of a condition for driving relief. In addition to the IID, the state also requires that a camera be installed on the vehicle that is to capture the image of the driver as they are performing the breath test – this is designed to prevent a person from ‘cheating’ the test by having another person submit to the breathalyzer in their place.

    Keep in mind that if you have been granted driving relief and are convicted of a subsequent DUI, it is very unlikely that relief will be granted a second time.

    Improve the outcome of your case—take these steps now

    Being charged with a driving under the influence offense in Illinois can be unsettling, and you may have dozens of questions about what your rights are and what the maximum penalties are that you will face. We encourage you to review the above information and become familiar with the legal consequences of a DUI conviction in our state.

    In addition to familiarizing yourself with the law and legal consequences, we also encourage you to contact a skilled attorney immediately after being charged with a DUI. The more time that you allow to pass from between when you are charged and when you call an attorney, the harder it may be to build your defense.

    Your lawyer will be instrumental in explaining to you your options and building your defense, which is why calling an attorney is the first step you should take. The next step will be to review your defense options with your attorney and make a decision about whether or not you want to plead guilty to the charges or strike a plea bargain with the prosecution. Your decision will certainly hinge on the evidence against you and the degree of legal consequences you are facing.

    To learn more about legal consequences for a DUI and how a lawyer can help you, please call the office of Tuite Law today. Our team will gladly evaluate your case and act as your legal representation throughout the DUI criminal process. We have years of experience and are both passionate about our work and good at what we do. Call us today to learn how we can help.

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    Disclaimer: An attorney-client relationship is not created by submitting this initial contact form. You are not considered a client of the firm until we have accepted your case and a retainer agreement is signed.

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