Does An Extra High BAC in Illinois Increase Penalties for DUI?

 Posted on December 24, 2024 in DUI

A Chicago man accused in a fatal DUI in early December had a blood alcohol content of 0.347 when he was arrested. The man was charged with one felony count of aggravated DUI causing death. In this case, because a person died as a result of another’s impaired driving, the charges escalated.

If nobody is hurt, does an extremely high BAC increase the penalties for an Illinois DUI conviction? Whether you have been charged with a first DUI, a second, third, or subsequent DUI, or there are additional factors that can potentially increase your sentence, it is extremely important that you speak to an experienced Naperville, IL DUI lawyer as quickly as possible.

What Are the "Normal" DUI Penalties?

DUI penalties in Illinois are as follows:

• A first DUI results in potential jail time for up to one year, a maximum fine of $2,500, and a minimum of one-year suspension of the defendant’s driver’s license.  
• A second DUI results in a mandatory five days in jail or 240 hours of community service, possible imprisonment for up to one year, a maximum fine of $2,500, and a minimum five-year loss of driving privileges.
• A third DUI results in up to seven years of prison, a maximum fine of $25,000, and a minimum ten-year loss of driving privileges.

Additional Penalties for a High BAC

In the state of Illinois, the blood alcohol concentration, or BAC, is the metric used to judge impairment – even though breathalyzers have a number of flaws. If a person’s BAC is 0.08 percent or higher, DUI can be charged, and if convicted, the individual can face significant penalties, which increase with subsequent DUI offenses.

In the state of Illinois, a person whose BAC is tested at 0.16 or above will face more severe consequences. This is true, especially for a third-offense DUI. In addition to the penalties already associated with DUI offenses, a BAC of 0.16 percent or higher can result in the following additional penalties:

• A first DUI offense conviction can include a mandatory minimum fine of $500 and 100 hours of community service for those with a high BAC.
• A second DUI offense conviction for a person with a high BAC will include a mandatory two days in jail and a minimum fine of $1,250. 
• A third DUI offense conviction for a person with a high BAC will increase the penalties to a mandatory minimum of 90 days in jail and a mandatory minimum fine of $2,500.

Are There Defenses to a High BAC?

A high BAC reading is usually the result of binge drinking, rising BAC, or faulty testing. The defense used for any individual will depend on the circumstances surrounding his or her arrest. A rising BAC can be used as a defense if the defendant has to wait to take a DUI test because once the last drink is finished, the BAC continues to increase until it reaches the maximum level.

This means a person may have been within the legal limits while driving, but his or her BAC continued to rise after being stopped. Breathalyzers have a wide range of potential flaws, including lack of maintenance, lack of calibration, improper training by the officer, or a defendant’s age, health, medications, illnesses, and even his or her job.

Contact a DuPage County, IL DUI Lawyer

If you have been charged with an Illinois DUI, it is important that you have solid legal representation from an attorney with experience and a deep understanding of the many defenses that can be used. A Naperville, IL DUI attorney from Appelman Law LLC will be the strong advocate you need. You will also benefit from our attorney’s master’s degree in forensic psychology when you are facing DUI charges. Call 630-717-7801 to schedule your free consultation.