• 323 people were killed in alcohol-related crashes, which was 35 per cent of the 918 total crash fatalities
• 38,704 DUI arrests were recorded by the Secretary of State’s Office.
• 92 per cent of all drivers arrested for DUI, who were eligible, lost their driving privileges.
• 1,338 drivers under age 21 lost their driving privileges due to Zero Tolerance law violations.
• 24 per cent of those arrested for DUI are women, who represent 50 per cent of all licensed drivers.
• Male ages 21-24 had the highest DUI arrest rate (about 17 per cent per 1,000 licensed drivers).
• 85 per cent of all drivers arrested for DUI are first offenders.

.08 BAC

• Illinois .08 illegal BAC limit was signed into law July 2, 1997. .08 is a measurement of the blood-alcohol concentration level at which drivers are considered intoxicated and, therefore, are prohibited from driving on Illinois roadways.

• All 50 states, the District of Columbia, and Puerto Rico have .08 BAC per se laws.
• At .08, all drivers are impaired to the point that critical driving skills are greatly diminished. Studies indicate that at .08, a driver’s steering, braking, speed control, lane changing, gear changing, and judgments of speed and distance are all significantly impaired.
• To reach .08, a 170-pound male would have to consume four or more drinks in one hour on an empty stomach. A 137-pound female would have to consume three drinks in one hour to reach .08. A drink is considered a:
      -  12-ounce beer.
      -  5-ounce glass of wine.
      -  Cocktail containing 1.5 ounces of 80-proof liquor.

The rate of alcohol impairment among drivers involved in fatal crashes is 4.5 times higher at night than during the day. (National Highway Traffic Safety Administration)


  • A statutory summary suspension provides for the automatic suspension of driving privileges of a driver arrested for DUI who fails, refuses to submit to, or fails to complete chemical testing.
  • Failure of chemical testing means a person’s BAC was .08 or more, or the test showed a trace of other drugs.  Statutory summary suspensions are automatic, effective on the 46th day from the date of the suspension notice.
  • This suspension does not replace criminal penalties for a DUI conviction.
  • An offender may request a judicial hearing to challenge the arrest; however, the request does not stop the suspension from taking effect.
  • If an Illinois driver refuses to submit to chemical testing in another state, his/her driving privileges will be suspended.
  • A statutory summary suspension does not apply to a person with a BAC of less than .08.
  • If a person has a BAC of more than .05 and additional evidence such as an open container warrants a DUI arrest, the outcome of the court case will determine if penalties apply.
  • If a commercial driver’s license holder receives a statutory summary suspension, his/her CDL privileges will be disqualified for one year for a first offense, a lifetime disqualification applies for a second offense.


• First offense: Suspension of driving privileges for 6 months (eligible for MDDP on 31st day of suspension).*
• Second or subsequent offense within 5 years: Suspension of driving privileges for 3 years (not eligible for driving relief).

A police officer is required to request a chemical test when he/she has probable cause to suspect DUI is a factor when a crash results in personal injury or death. A driver who refuses to submit to such testing will have his/her driving privileges revoked for a minimum of one year.

A DUI offender eligible for driving relief and issued a Monitoring Device Driving Permit (MDDP) must operate only vehicles installed with a Breath Alcohol Ignition Interlock Device (BAIID), unless exempted by employment. The offender is subject to all MDDP rules and BAIID fees.

In 2011, 92 per cent of drivers arrested for DUI who refused to submit to or failed chemical testing lost their driving privileges; 85 per cent of those were first offenders. (Illinois Secretary of State)

To get more information after you or a family member has been charged with DUI/DWI or a traffic citation call the Giacoletto Law Firm at 618-346-8841 or toll free at 888-346-8841 to speak today with an experienced Madison or St. Clair County criminal attorney centrally located in Collinsville.

Source: 2013 Fact Book, Illinois Secretary of State,


Steve Giacoletto
Collinsville Personal Injury Attorney
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