Driving under the influence (DUI) is penalized heavily in Illinois – especially if another person is hurt or killed in an accident caused by an intoxicated driver. If great bodily harm results from a DUI car crash, the driver may face felony charges for aggravated DUI and up to three years in prison. If death results from a DUI accident, the driver faces a prison sentence of up to seven years. However, DUI resulting in the death of an animal is not currently an offense under Illinois law. Proponents of House Bill 3019 hope to change this.

Death of Illinois Police Dog Prompts New Bill

Illinois Deputy Robert Rosenkranz was in the middle of a routine traffic stop when an allegedly intoxicated driver struck the back of his police cruiser. The officer’s police K9 “Loki” was in the backseat of the police car. Unfortunately, the dog did not survive the accident. The loss of Loki represented a personal loss to the officers who worked alongside the K9 officer. It also meant losing the many years of training that went into teaching Loki to perform K9 duties. In response to Loki’s death, State Representative Joe Sosnowski filed a bill to make killing a police dog an elevated offense under Illinois law.

DUI Resulting in the Death of a Police or Service Animal May Be a Felony

Currently, driving under the influence is a Class A misdemeanor punishable by a year-long driver’s license suspension, a fine of up to $2,500, and up to a year of jail time. A second or subsequent DUI is penalized more harshly. If House Bill 3019 passes, killing a service animal or police dog while driving under the influence would be a Class 4 felony punished by a maximum of three years in jail and a fine up to $25,000. Having any type of criminal record can have a massive impact on a person’s life. Felony convictions often have especially significant consequences. Being convicted of a felony can substantially influence an individual’s personal reputation, employment options, and housing opportunities.

The act of drinking and driving is taken seriously by Illinois courts. As a result, the penalties for driving under the influence (DUI) include both administrative and criminal consequences. A first or second DUI is typically a misdemeanor offense in Illinois. While a misdemeanor conviction will still result in heavy fines, a driver’s license suspension of one year, and possibly jail time, felony DUI is punished much more harshly. A third or subsequent conviction for drunk driving or DUI involving certain aggravating factors is considered a felony offense in Illinois. If you are convicted of felony DUI, you could face years in prison and other life-changing consequences.

Receiving a Third, Fourth, or Fifth DUI Conviction

First and second DUIs are typically misdemeanor offenses in Illinois. Many individuals can avoid significant jail time and eventually regain their driving privileges after a first or second DUI. However, if a driver is convicted of driving under the influence for the third time, the penalties increase significantly. A third DUI is a Class 2 felony “aggravated DUI” punishable by three to seven years of imprisonment, a maximum fine of $25,000, and a 10-year driver’s license suspension. A fourth DUI is also punishable by three to seven years in prison and the offense is non-probational. A fifth DUI is a non-probational Class 1 felony punishable by a maximum prison sentence of 15 years. Fourth or fifth DUI convictions also result in a lifetime suspension of the offender’s driving privileges.

Drunk driving causes thousands of accidents each year in the United States. In an effort to curb driving under the influence of alcohol and drugs, states have instituted harsh penalties for impaired drivers. Under Illinois law, anyone who drives a motor vehicle while impaired by drugs or alcohol faces several criminal and administrative penalties. If you are convicted of driving under the influence (DUI), you may face revocation of your driver’s license. An experienced criminal defense attorney can help reduce your charges and reinstate your driving privileges.  

Penalties for Being Arrested and Charged with Drunk Driving

Most drunk driving arrests happen during a traffic stop. If police suspect that you are under the influence, he or she will likely use a handheld breath test such as a Breathalyzer to test your breath for alcohol. The officer may also ask you to complete a field sobriety test during which you perform balance and coordination-based tasks. If your blood alcohol content (BAC) is 0.08 percent or more or you are notably impaired, you may be arrested and charged with DUI.

Driving under the influence of alcohol or drugs is always dangerous, and it can lead to victims being injured or killed in car accidents. Drunk driving can lead to many serious punishments, even for a first offense, including loss of driving privileges, prison time, and costly fines. Drivers who are convicted of multiple DUIs may face felony charges. The state of Illinois has a "Zero Tolerance" law for minors -- those under the legal drinking age of 21 years -- who drive impaired. This means that an underage driver who is caught driving with any trace of alcohol in his or her system can be charged with DUI, even if his or her BAC is less than .08 percent. As for adults, multiple DUI convictions carry even harsher criminal penalties.

DUI Punishments for First and Subsequent Offenses

First and second DUI convictions are charged as a Class A misdemeanor, but first offenders are given less harsh punishments than second offenders. For a first DUI conviction, a driver will face revocation of their license for one year, possible community service hours (100 in total), and fines up to $2,500, depending on the nature of the offense.

The state of Illinois has serious consequences for those who drink and drive. When a minor under the legal drinking age of 21 decides to operate a vehicle while intoxicated, they may face severe punishments that can have a lasting effect on the young person’s life. Illinois has a "Zero Tolerance Law" for underage drinking and driving. Under this law, a minor driver who is found with any amount of alcohol in their system will have their license suspended and will have to take a driving course before having their driving privileges reinstated. Even those minors who are caught attempting to purchase alcohol with a fake ID can suffer consequences.

Illinois Zero Tolerance Law

A conviction under the Zero Tolerance Law may not lead to punishments that are as serious as those for a regular DUI conviction. However, if a minor is stopped under suspicion of drunk driving, the officer who makes the stop can decide which charges will apply: DUI, Zero Tolerance, or both.