If your blood-alcohol concentration (BAC) is 0.08% or higher, you are legally drunk and it is illegal for you to drive. However, if you are driving with a BAC between 0.05 and 0.08, you may still be cited for a DUI if your behavior suggests you are impaired. This is at the discretion of the officer citing you. Even with a BAC of just 0.06, you double your chance of being involved in a fatal accident.
Unlike being cited for driving with a BAC of 0.08 or above, BACs between 0.05 and 0.08 do not trigger the Statutory Summary Suspension detailed below; the penalties are instead entirely based on the outcome of the court case.
If an officer pulls you over for a moving violation and then determines that your BAC is 0.08 or more, the officer will immediately suspend your license for 180 days. You will be given a receipt that will allow you to continue driving (after your arrest, time to dry out in jail, bail, and arraignment) and allow you time to fight the arrest and suspension.
If you are convicted of driving while under the influence of alcohol or drugs, your license will be suspended for one year for the first offense (two years if you are under 21).
You have the legal right to refuse testing of your blood, breath, or urine. However, this immediately triggers more intense penalties under the Statutory Summary Suspension law:
Illinois commercial drivers license (CDL) holders face even stiffer penalties. The suspensions above are in addition to the suspension periods imposed by the court for a DUI conviction.
The first time you are convicted of a DUI offense, youll have a Breath Alcohol Ignition Interlock Device (BAIID) installed on your vehicle. Youll have to pay the roughly $100 installation fee, as well as the monthly rental and monitoring fees of about $110.
The acronyms DUI, DWI, OMVI and OVI all refer to the same thing: operating a vehicle under the influence of alcohol or drugs.
- The Ohio Bar Asociation