When Does a DUI Become a Federal Crime?

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Illionois defense attorney,  Illinois criminal defense lawyerThe offense of driving under the influence is typically a state charge, meaning a person will be tried in state court and if convicted, possibly have to serve time in state prison. There are times when these offenses are charged and tried at the federal level. The penalties associated with a conviction of any federal offense are typically much harsher than sentences in state court. It is for this reason that it is particularly important that anyone facing federal DUI charges speaks to a federal criminal defense lawyer that can help.

What Is a Federal DUI Charge?

According to the U.S. Code of Federal Regulations, a federal DUI offense occurs when a motorist drives a vehicle with a blood alcohol concentration of 0.08 grams per 100 milliliters of blood. The federal statute also dictates that if the offense occurs within a state that has more restrictive laws, state law will supersede federal law.


Illinois defense attorney, Illinois DUI attorney, Illinois criminal lawyer,Being pulled over for suspicion of driving under the influence is an unnerving experience regardless of the circumstances. When collision damage or injury is involved, the driver faces even greater challenges in a court of law, as penalties for DUI are often both strict and severe. Merely being pulled over for the suspicion of operating a vehicle under the influence is enough to cause a stir, but the moment you decide to comply with an officer’s request to submit to a breathalyzer test and fail, the situation automatically goes from bad to much worse.

Consequences Following a Failed Test

Any failed breathalyzer test indicates the driver’s BAC was .08 or higher at the time of the test, and may also mean that traces of other drugs were found in the driver’s system.The consequences following a failed breathalyzer can vary depending on the convictions surrounding your arrest, but the initial damage for a first offense includes an immediate statutory suspension of driving privileges for a minimum of six months. For a second or subsequent offense within a five-year period, a failed breathalyzer test will earn you a suspension of driving privileges for one year.


Range of Penalties for DUI Convictions in Illinois

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Illinois defense attorney, Illinois DUI attorney, Illinois criminal lawyer,Whether you have been pulled over for suspicion of driving under the influence and feel you have been falsely accused or have in fact been operating under the influence, facing any potential criminal charges for DUI can be downright overwhelming.

Often, one of the biggest sources of anxiety when facing these allegations stems from being unsure of how to proceed when pulled over, how to protect your rights, or from simply being unfamiliar with what to expect should you be convicted. While all DUI penalties equate to serious consequence, there are a number of factors that may impact the severity of your penalties.

Circumstantial Factors


Illinois defense attorney, Illinois DUI attorney, Illinois criminal lawyer,Although Illinois authorities are cracking down on DUIs throughout the state, new survey data shows that some cities in Illinois may be tougher than others when it comes to drunk driving. A survey released annually by a citizen group known as the Alliance Against Intoxicated Motorists shows which communities in Illinois had the highest number of DUI arrests each year. The findings for 2015 were recently released as well as a top ten list of cities in Illinois with the most DUI arrests last year. What city came in first and where does your city land on the list?

High DUI Arrest Rates

According to the survey’s findings, the top honors for arrests made in 2015 for DUIs went to two cities - Carol Stream and Rockford. Both communities totaled 464 DUI arrests last year. Decatur, the city in first place in 2014, came in second this past year with a total of 405 arrests. Springfield followed in third with 385 arrests, and Naperville, a community that has a tradition of landing in the top ten each year, finished 2015 in fourth place with 369 arrests.


Illinois Police Cracking down on DUIs

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Illinois defense attorney, Illinois criminal lawyer, Illinois DUI attorney,Illinois police statewide say they are doing everything they can to crack down on intoxicated drivers. According to the Illinois State Police, twenty five people have already been killed due to drunk drivers in the state of Illinois in 2016, and efforts are being taken to prevent further deaths. Driving under the influence of drugs or alcohol should be avoided at all costs, and those with DUI or DWI charges face serious, life changing consequences.

Reviving an Old Tactic

In District 16, police are reviving an old tactic in hopes of keeping drunk drivers on the road. We already know that a DUI can be a major financial burden, lead to loss of driving privileges, community service, and jail time, but now, a DUI conviction could cost you your reputation as well. District 16 officials has begun releasing a monthly list of all DUI offenders. Authorities in the district say it is a low cost method that may very well prevent intoxicated individuals from getting behind the wheel. “If that is something we can do that does not cost the State Police or the taxpayers any money, that might just keep one more person from making that bad decision, then it’s worth it,” says Illinois State Police Lieutenant Carl Heintz. If fines, jail time, and skyrocketed insurance rates were not enough to prevent DUIs, authorities are hoping potential embarrassment might do the trick.

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