Chapter 6 - Driving Under the Influence Flashcards
BAC
Blood- Alcohol Concentration
It is illegal to drive if your BAC is ____ or more.
You can be convited of DUI if your BAC is less than 0.08 and your diriving ability is impaired.
The Amount you drink
- beer - 12 oz
- wine - 5 oz
- hard liquor - 1.5oz
A driver may not transport medical cannabis in a vehicle unless it is stored in a tamper-evident container and kept in an area that is accessible while the vehicle is in motion.
Refusal to submit to testing or failure of the field sobriety tests will result in the suspension of the person’s driver’s license.
Driving while
- impaired by the use of medical cannabis
- driving with an open container
may result in the loss of driving privileges as well as revoation of the driver’s medical cannabis card.
It is illegal to operate a motor vehicle on Illinois highways with any trace of a controlled drug, substance or intoxicating compounds in your blood.
Driving DUI is classified as a violent crime.
If you are convicted of DUI, the offense will permanently remain on your driving records.
If you are arrested and/or convicted, you may losse your
- driving privileges
- vehicle registration
- be fined and /or imprisoned
Implied Consent Law
When driving on Illlinois raodways, you automatically consent to submit to certain tests
- breath test
- blood test
- urine test
to determine if you were drinking or using any othe drug or intoxivating compound before or while driving.
A
- doctor
- registered nurse
- licensed physician assistant
- advanced practice nurse
must perform the blood test.
If you refuse a breath test or
if an officer believes that a blood test may disclose the presence of drugs,
you may be held financially liable up to $500 for the costs of the blood tests
if found guild of DUI
Arrested for
(1) driving with a BAC of 0.08% or more
(2) driving with any imparing drug in your system
1st offender - 6-month suspension
1st offender’s refusal of testing - 1 yr suspension
2nd offender within 5 yrs - 1 yr suspension
2nd offender’s refusal of testing - 3 yr suspension
(not Conviction) Under age 21 - stopped and issued a citation - found a trace of alcohol in system while driving
1st offender - 3-month suspension
1st offender’s refusal of testing - 6-month suspension
2nd offender - 1 yr suspension
2nd offender’s refusal of testing - 2-yr suspension
Arrestation —> Suspension of driving prigileges
Conviction—> Revocation of License
Any Person under Age 21
convicted of
- illegal consumption
- purchase
- possession
- receiving alcohol as gift
will lose his/her driving privileges for a minimum of 6 months
regardless of whether or not they are operating a motor vehicle at the time of the offense
At the time of arrest, the officer will take your lincese and, if valid, provide you with a temporary receipt allowing you to drive for 45 days.
Your suspension will begin on the 46th day from the notice date.
If you refuse to submit to chemical testing after being involved in a crash where serious personal injury or death was involved, your driving privileges will be revoked for a minimum of 1 year.
compare
Fatal Crash - a minimum of 1 yr revocation
1st time arrestation for DUI - refusal of test - 1 yr suspension
DUI Conviction
1st Conviction -1 yr revocation
2nd Conviction (within 20 yrs) - a minimum of 5 yrs revoc.
3rd Conviction - a minimum of 10 yrs revoc.
4th and more Conviction - lifetime revoc.
Under age 21 - Convicted of DUI
1st Conviction - revocation of driving privileges a minimum of 2 years
(not Conviction) Under age 21 - stopped and issued a citation - found a trace of alcohol in system while driving
1st offender - 3-month suspension
1st offender’s refusal of testing - 6-month suspension
2nd offender - 1 yr suspension
2nd offender’s refusal of testing - 2-yr suspension
compare
Arrested for DUI
1st offender - 6-month suspension
1st offender’s refusal of testing - 1 yr suspension
2nd offender within 5 yrs - 1 yr suspension
2nd offender’s refusal of testing - 3 yr suspension
Arrestation —> Suspension of driving privileges
Conviction—> Revocation of License
Financial Responsibility Insurance (SR-22)
Financial Responsibility Insurance (SR-22)
- monitors the insurance of problem drivers
- authorizes the Secretary of State’s office to suspend upon cancellation or expiration.
Financial Responsibility Insurance is required in Illinois for individuals with
- safety responsibility suspensions,
- unsatisfied judgment suspensions,
- revocations,
- mandatory insurance supervisions
- individuals who receive three or more convictions for mandatory insurance violations.
Before your driving priileges are restored, you must undergo
- an alcocohol/drug evaluation
- successfully complete a abilitation or alcohol/drug education program
- pay a reinstatement fee and/or meet other requirements.
Illinois resident/driver convicted of DUI in another state
or
refusing to submit to alcohol/drug testing in another state
the conviction will be reported to the Illinois Secretary of State’s office and be reflected on the person’s driving record.
The offender will face administrative action against his/her dirving privileges the same as if he/she were arrested for DUI in Illinois.
Breath Alcohol Ignition Interlock Device (BAIID)
A DUI offender may choose not to petition for a Monitoring Device Driving Permit or a Restricted Driving Permit, and instead choose to refrain from driving during the suspension period.
A DUI offender who chooses not to participate in the program and is subsequently caught driving a vehicle during the suspension period is guilty of a Class 4 felony.
Aggravated DUI
- DUI causing personal injury, dealth
- DUI with a prior conviction of reckless homocide/ aggravated DUI
- 3rd or subsequent DUI conviction
- DUI without a valid license, permit, vehicle insurance
- DUI while driving school bus with children onboard
Aggravated DUI
when/if you
- are involved in a death or persnal injury crash while DUI (Fatal Crash - a minimum of 1 yr revocation)
- have received a 3rd or subsequent DUI
- commited DUI while driving a school bus with children
- commited DUI while operating a vehicle for hire (limo)
- commited DUI without a valid driver’s license, permit or vehicle insurance
- received DUI after a previous history of reckless homicide or aggravated DUI involving death
If you refuse to submit to chemical testing after being involved in a crash where serious personal injury or death was involved, your driving privileges will be revoked for a minimum of 1 year.
Fatal Crash - a minimum of 1 yr revocation
It is illiegal fo anyone to drink alcohol beverages in a vehicle.
The driver and passengers may be issued a traffic citation.
exempt: passengers on
- chartered buses used for non-school purpose
- motor homes
- mini motor homes
- limousines
Drinking in vehicle
1st offense - usually citation
2nd offense (within 1 yr) - 1 yr suspension
Any driver under 21
1st conviction - 1 yr loss of driving privileges
2nd conviction/subse. - revocation of driving privileges while under age 21
Motorboat crash involving injuries and death
Refusal of chemical testing - loss of driving privileges
a BAC of 0.08 or more or drugs - loss of driving privileges
It is illegal for a parent or legal gardian
(1) to allow persons under age 21 to consume alcohol beverages or
(2) fail to control access to alcohol on their private property or on any property under their co ntrol including a vehicle or water craft.
Personal Injury/death —> face criminal charges
If convincted of driving while your license is revoked or suspended for DUI and other offenses
- subject to criminal penalties including jail time
- have the suspension or revocation period extended
- have your vehicle seized and possibly forfeited.
Any Illinois driver with suspension or revocation due to
- DUI
- reckless homiciede
- leaving scene of a fatal or personal injury crash
is not allowed to drive a motor vehicle in ANY state.
It is illegal to allow someone who you know is under the influence to drive your vehicle.
If you are convicted of providing alcohol to a person under age 21, you may be
- fined up to $2500
- given a jail sentence of up to 1 year
- have your driving privileges suspended.
Under age 21 - Convicted of DUI
1st Conviction - revocation of driving privileges a minimum of 2 years
(not Conviction) Under age 21 - stopped and issued a citation - found a trace of alcohol in system while driving
1st offender - 3-month suspension
1st offender’s refusal of testing - 6-month suspension
2nd offender - 1 yr suspension
2nd offender’s refusal of testing - 2-yr suspension
Drivers under Age 21 - DUI
- Your suspension will begin on the 46th day from the notice date .
It will not be terminated until you pay the reinstatement fee and your record is updated.
