Did you know that a higher blood alcohol concentration can lead to more severe penalties in Illinois? Learn more from The Law Offices of Andrew Nickel.
In Illinois, Higher Blood Alcohol Concentration Can Lead to More Severe Penalties
Blood Alcohol Concentration (BAC), the percent of the amount of alcohol in an individual’s bloodstream, is primarily used for medical or legal purposes. For legal purposes, blood alcohol concentration is essential in identifying whether drivers are impaired or not.
Alcohol has depressant effects, which make it difficult for a person to perform specific tasks properly. Some of the effects of alcohol include impaired judgment, impaired motor skills, behavioral changes, emotional swings, and slurred speech, to mention a few. Each of these can significantly impact a person’s ability to operate a motor vehicle safely.
If a driver is found to be impaired, they can be charged with Driving Under the Influence (DUI). This becomes a very serious case leading to DUI penalties if you are found guilty of drunk driving.
What Is the Legal Alcohol Limit in Illinois?
The State of Illinois considers non-commercial drivers over 21 years of intoxicated when their blood alcohol level is 0.08 or more. The drivers who drive commercial vehicles are considered to be drunk driving if their blood alcohol levels are 0.04 or more. Drivers below 21 years are legally intoxicated if the blood alcohol levels are greater than 0.
Most people think that a person is guilty of driving under the influence if their BAC is over 0.08. But in a real sense, the legal limit should be 0.079. So, this means that an alcohol concentration in an individual’s breath or blood of exactly 0.08 is considered alcohol intoxication. Alcohol intoxication may force one to serve mandatory jail time for driving under the influence.
How Many Drinks Will Get You a DUI?
Driving while intoxicated is highly condoned and not advisable. But there are a few cases where you may be forced to do so only if you had about one drink. In such situations, if you were to be pulled over by the police officers, your blood alcohol test (either a breathalyzer test or a chemical test) would likely be less than 0.08.
The amount of alcohol an individual’s body can process depends on a variety of factors. These include the type of drink the person is consuming, the serving size of the alcohol consumed, and the person’s body weight.
For beer, one drink is considered to be 12fl.oz. For wine, it is 5fl.oz, and for liquor, a glass is 1.5fl. oz. The general rule of taking alcohol to reach the blood alcohol level of 0.08 for women is to take three drinks an hour. For the men, it takes four drinks to reach the blood alcohol level of 0.08. Keep in mind that these general rules depend on an individual’s weight and other factors like whether they drank on an empty stomach, whether they engaged in binge drinking, and how they individually metabolize alcohol.
Weight or body fat also plays a role in determining how much alcohol you can consume. If you weigh 100lbs, it may take about three drinks an hour to reach a blood alcohol level of 0.08. It takes four drinks or so to reach this same level for a person who weighs about 140lbs. For 180lbs and 220lbs, it takes about five drinks and six drinks an hour, respectively.
What Are the Penalties for Illinois DUI with Blood Alcohol Content Level of 0.06 or Higher?
If you are caught driving under the influence of alcohol, you may be convicted of DUI, face a jail time of a year, and pay a fine of up to $2,500. If you are charged with the exact charges for the second time after five years, you will serve five days mandatory jail time.
If you are convicted of the exact charges for another third or fourth time within five years of the previous violation, you will be guilty of a Class 2 felony. This is punishable with three to seven years in prison. A fifth and sixth violation is punishable with 4 to 15 years imprisonment and a fine of $2,500 and 6 to 30 years and a fine of $25,000 respectively.
Penalties for Illinois DUI with Blood Alcohol Content Level of 16% or Higher Than the Legal Blood Alcohol Limit in Illinois
If it is your first time being caught by a police officer and your blood alcohol test is more than 16%, it may be considered an alcohol overdose or alcohol poisoning. You will be required to pay a fine of $4,500 and serve 100 hours of community service in the state of Illinois.
If you are convicted for the second time within ten years with an alcohol content above 16%, you will be detained for two days and face an additional fine of $1,250. If you get convicted for the third time with the same alcohol content or higher within 20 years, you will be imprisoned for 90 days. You will also be required to pay a fine of $2,500.
The penalties for DUI cases vary, but the mentioned ones above are the most common in Illinois. It is also important to note that your driver’s license may be revoked if you are convicted of any sort of Driving Under the Influence case.
Get Legal Assistance if You’ve Been Accused of Driving with a High Blood Alcohol Level
If police officers accuse you of drinking and driving, The Law Offices of Andrew Nickel, LLC is on your side. If you are in trouble with law enforcement, you need a reputable Illinois DUI lawyer to represent you.
Get a free consultation from our experienced DUI lawyer to represent you and your case. Our law firm has considerable experience defending clients against felony Driving Under the Influence charges.
Be sure to reach our DUI attorneys via our email, phone number, or by visiting our offices today. An experienced DUI lawyer is on standby to help you preserve your rights.