There are a lot of misconceptions about DUI’s and their consequences here in Illinois. This article is not meant to advise you as to what EXACTLY will happen with your case, remember, all facts are different. However, we can help clear up some ideas that people have about DUI’s that aren’t exactly true. If you have questions, though, remember, the best way to get answers is to call our office.
FICTION: You have to blow into the Breathalyzer.
FACT: It is your right to refuse to blow into the Breathalyzer. HOWEVER, this will automatically trigger a 12-month suspension of your driver’s license from the Secretary of State if it is the first time you’ve been stopped for a DUI. If you’ve been convicted of a DUI before and you refuse to blow, you’ll get a 3 year suspension. Keep in mind, this is not a criminal penalty, just a penalty imposed by the Secretary of State.
FICTION: If you drink one drink an hour you will not be legally “drunk” and can drive.
FACT: Everyone metabolizes alcohol differently. Generally speaking the consumption of one drink in one hour will increase your blood alcohol content around %.02 to %.05. However, this depends on stomach contents, weight of the drinker, amount of body fat, temperature and alcoholic content. A normal “drink” is a 12 ounce beer (standard bottle or can), a single shot of alcohol around 80 proof (1.5 ounces), or a glass of wine (five ounces). While this should conceivably keep you under the legal limit it is not a perfect solution.
If you feel impaired, the obvious answer is don’t drive, no matter how little you’ve had to drink. Illinois law provides that someone can be found guilty of DUI even if their blood alcohol content (BAC) is under .08 simply because they aren’t sober enough to handle driving, whether or not they are over the legal limit. There is a PRESUMPTION that over .08 you are intoxicated and therefore it is illegal to drive. There is also a PRESUMPTION that if you are under .05 you are sober and are OK to drive. But if you’re all over the road, or crash, a prosecutor may argue that you were certainly not sober enough. Prosecutors do not automatically drop DUI’s because you’ve blown under .08.
FICTION: You can fool a Breathalyzer with mints, a penny under tongue, a battery in your mouth.
FACT: There is no known way to fool a Breathalyzer. There is no magic bullet. The only way to make a Breathalyzer be inaccurate (besides manufacturer error) is to have mouth alcohol when you submit to the test. This means, you’ve either just drank alcohol or you’ve burped or belched and alcohol has traveled up your esophagus into your mouth. This is specifically why people who submit to Breathalyzers are subjected to a 20 minute observation period by the police. No alcohol (or any liquid) should be consumed in that time, and if the person belches or burps, the observation period needs to start again.
FICTION: The first DUI isn’t that bad.
FACT: All DUI’s are bad. The average Illinois driver, if convicted or placed on supervision for their first DUI, will face thousands of dollars in fines and court costs, will be ordered to take classes and get treatment. In addition, as mentioned earlier, you will get a Statutory Summary Suspension if you DO blow into the machine of 6 months and a 12-month Statutory Summary Suspension of if you do not blow.
If you get a DUI, just remember, you’re facing serious consequences. If you’ve been charged with a DUI, call Weisz, Botto & Gilbert, P.C at (815) 338-3838 and arrange an appointment with Robert Deters. We can help.
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