DUI Laws in California vs. Illinois: Does Location Matter?
Driving under the influence of alcohol or drugs (DUI) is a serious offense in the eyes of the law, regardless of where you live. However, most of the time, driving while intoxicated isn’t considered a federal (nationwide) offense; rather, it is a state offense, where laws can vary across state lines. The laws and limits can be very similar in each state despite their differences. If you’re arrested for a DUI, you’ll need to be familiar with the laws in the state where the offense occurred in order to make the most informed decisions going forward. A local attorney is a wise choice; they’re highly trained experts in the DUI laws of their state. There is a significant number of DUI cases in both Illinois and California due to the large cities these states are home to. Comparing the two can help you get a better idea of how DUI laws can change across borders.
The Legal Alcohol Limit
California and Illinois are very similar when it comes to the laws involving the maximum level of alcohol in one’s blood. In both states, the legal limit is 0.08% blood-alcohol content (BAC) if you’re over the age of 21. There is an exception for commercial drivers, whose limit is 0.04% BAC. Both states have zero-tolerance laws for drivers under 21, so any alcohol level detected for that age group can result in DUI charges. While both states have the same alcohol limits, the charges and punishment levels vary.
First-Time Offenses
A first-time DUI offense means you do not have a previous record; you’ve never been charged with driving while intoxicated. First-time offenses generally have lighter sentencing, but you’ll still face some serious consequences.
In California, first-time charges will often result in up to six months of jail time and six months of license suspension, though restricted licensing may also be considered. You can face up to $1,000 in legal fines as well. You may have to take DUI classes or alcohol addiction courses, spanning anywhere from three to nine months. You’re usually required to drive with an ignition interlock device (IID) to prevent you from drinking and driving.
Illinois has slightly stricter first-time DUI laws. You may face up to one year of jail time or license suspension, as long as you’re over 21. Legal penalties can cost you up to $2,500. Most of the time, DUI or addiction classes will be required. An IID may not be required, but it may be presented as an option to reduce sentencing.
Repeat Offenses
If you’ve been charged with a DUI already, you’ll be considered a repeat offender. Sentencing will be harsher regardless of your location, but specifics will differ.
Repeat DUI offenders in California can face up to one year in jail. Licenses will be suspended up to three years, depending on whether it’s your second or third DUI. For the fourth DUI and beyond, you could face felony charges if they are within ten years of each other.
If you have a second DUI in Indiana, you’ll have to serve a minimum jail time of five days or 240 hours of community service. The third DUI and beyond is considered a felony, and can earn you three to seven years in prison, and your license will be permanently revoked. Illinois is quicker to charge you with a felony for repeat offenses.
License Suspensions
Both states can suspend or revoke your driver’s license if you are charged with a DUI. However, in some cases, you may not even have to be convicted in court. Illinois and California have administrative license suspension laws where a conviction isn’t required to suspend your license. You can try to appeal these particular suspensions, but there is a time limit: 45 days for Illinois and ten days in California.
Aggravating Penalties
In both states, certain circumstances can increase the severity of your DUI charges. If driving was particularly reckless or more victims were involved, the charges, including driving penalties or maximum sentences, can increase.
In Illinois, a DUI with a child under 16 automatically results in further penalties. If you strike a pedestrian or a bicyclist, especially in Chicago, it can result in a felony DUI. Chicago bicycle lawyers will often treat cyclists as pedestrians if they are riding in crosswalks or sidewalks, which can result in worse charges.
California sentencing also worsens depending on the severity of the victim’s injury. Excessive speeding, reckless driving, higher blood-alcohol level, or prior DUI convictions will likely add to your charges or sentencing.
Conclusion
When it comes to driving laws, particularly regarding driving under the influence, location does matter. Depending on your location, you will likely receive different charges, jail sentences, community service requirements, and driving restrictions. Both states have the same legal BAC limits, but they’ll punish you differently most of the time. You don’t even need to be convicted to deal with a license revocation, so be sure to consult with an attorney to understand your rights and options.