Illinois dui zero tolerance breathalizer taken help!

Question

basically i got arrested for bullshit causes cause i was "circling" when i took a left turn. they pegged me for no front plates and i had alchohol in the car....i am 19 and blew a .03.......cmon people how can i do this and get away with least possible consequences? is it possible to keep my license? ....SHOULD I HAVE BLOWN!? the cop freaked when i said i wouldn't and said i was ******. i knew that it's a lack of evidence but i had a buddies parents there to drive me home, if not then my parents would have to wake up later and pick me up! wtf.....im so pissed now i can't think straight. last time i'm driving in that f'in town.

Answer 1

Wow ure under age and drinking, and you are not driving lawfully i would say that you will get some points on your record. U will still keep your license tho

Answer 2

I don't mean to sound like a douchebag, but you are at fault.

For a punishment, I imagine that it would incur a substantial fine. I can't see much more. You weren't drunk, so I doubt that they would pursue that charge. But not having front plates, having alcohol in the car and being underage yet having consumed alcohol, and maybe a traffic violation or something.

And yes, it is good that you had done the breathalyser. Refusing to do so can be worse than blowing more than .08, because they automatically assume that you're drunk.

As for losing your license, take it to court and just be at the mercy of the judge. I would think that they won't take it.

Answer 3

Your best bet is to go to court, be on time, dress nice, and be polite to the judge.  Unless they have a "no exceptions" law, it's up to the judge whether or not you lose your license.  I don't know about IL, but in WI if you DON'T blow you automatically lose your license.  Good luck.

Answer 4

Ok here is the best answer - I am an Illinois LEO and traffic is my gig.

Your Zero Tolerance arrest - is administrative - you are not "DUI" but the consequences on your license will be the same.  This hearing is administrative - harder to fight than a summary of suspension hearing for a regular DUI.

You will have to schedule a hearing through the SOS Office to rescind your suspension - but not likely - the hearing oficers are not easy cookies.  You most likely will eat your suspension, learn and move on.

Your being under 21 means you can have no alcohol whatsoever in your system when you drive (or ever - but another issue).

You should have been arrested for consumption by minor also.

The guy above just went to the ILCS (Illinois Compiled Statutes ) website - but he gave you DUI (not what your charged with) and consumption of alcohol by minor.  he did not look hard enough - look at 625 ILCS 5/11-501.8

   (Text of Section from P.A. 95‑201)

    Sec. 11‑501.8. Suspension of driver's license; persons under age 21.

    (a) A person who is less than 21 years of age and who drives or is in actual physical control of a motor vehicle upon the public highways of this State shall be deemed to have given consent to a chemical test or tests of blood, breath, or urine for the purpose of determining the alcohol content of the person's blood if arrested, as evidenced by the issuance of a Uniform Traffic Ticket for any violation of the Illinois Vehicle Code or a similar provision of a local ordinance, if a police officer has probable cause to believe that the driver has consumed any amount of an alcoholic beverage based upon evidence of the driver's physical condition or other first hand knowledge of the police officer. The test or tests shall be administered at the direction of the arresting officer. The law enforcement agency employing the officer shall designate which of the aforesaid tests shall be administered. A urine test may be administered even after a blood or breath test or both has been administered.

    (b) A person who is dead, unconscious, or who is otherwise in a condition rendering that person incapable of refusal, shall be deemed not to have withdrawn the consent provided by paragraph (a) of this Section and the test or tests may be administered subject to the following provisions:

        (i) Chemical analysis of the person's blood, urine,  

     breath, or other bodily substance, to be considered valid under the provisions of this Section, shall have been performed according to standards promulgated by the Department of State Police by an individual possessing a valid permit issued by that Department for this purpose. The Director of State Police is authorized to approve satisfactory techniques or methods, to ascertain the qualifications and competence of individuals to conduct analyses, to issue permits that shall be subject to termination or revocation at the direction of that Department, and to certify the accuracy of breath testing equipment. The Department of State Police shall prescribe regulations as necessary.



        (ii) When a person submits to a blood test at the  

     request of a law enforcement officer under the provisions of this Section, only a physician authorized to practice medicine, a registered nurse, or other qualified person trained in venipuncture and acting under the direction of a licensed physician may withdraw blood for the purpose of determining the alcohol content therein. This limitation does not apply to the taking of breath or urine specimens.



        (iii) The person tested may have a physician,  

     qualified technician, chemist, registered nurse, or other qualified person of his or her own choosing administer a chemical test or tests in addition to any test or tests administered at the direction of a law enforcement officer. The failure or inability to obtain an additional test by a person shall not preclude the consideration of the previously performed chemical test.



        (iv) Upon a request of the person who submits to a  

     chemical test or tests at the request of a law enforcement officer, full information concerning the test or tests shall be made available to the person or that person's attorney.



        (v) Alcohol concentration means either grams of  

     alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.



        (vi) If a driver is receiving medical treatment as a  

     result of a motor vehicle accident, a physician licensed to practice medicine, registered nurse, or other qualified person trained in venipuncture and acting under the direction of a licensed physician shall withdraw blood for testing purposes to ascertain the presence of alcohol upon the specific request of a law enforcement officer. However, that testing shall not be performed until, in the opinion of the medical personnel on scene, the withdrawal can be made without interfering with or endangering the well‑being of the patient.



    (c) A person requested to submit to a test as provided above shall be warned by the law enforcement officer requesting the test that a refusal to submit to the test, or submission to the test resulting in an alcohol concentration of more than 0.00, may result in the loss of that person's privilege to operate a motor vehicle. The loss of driving privileges shall be imposed in accordance with Section 6‑208.2 of this Code.

    (d) If the person refuses testing or submits to a test that discloses an alcohol concentration of more than 0.00, the law enforcement officer shall immediately submit a sworn report to the Secretary of State on a form prescribed by the Secretary of State, certifying that the test or tests were requested under subsection (a) and the person refused to submit to a test or tests or submitted to testing which disclosed an alcohol concentration of more than 0.00. The law enforcement officer shall submit the same sworn report when a person under the age of 21 submits to testing under Section 11‑501.1 of this Code and the testing discloses an alcohol concentration of more than 0.00 and less than 0.08.

    Upon receipt of the sworn report of a law enforcement officer, the Secretary of State shall enter the driver's license sanction on the individual's driving record and the sanctions shall be effective on the 46th day following the date notice of the sanction was given to the person. If this sanction is the individual's first driver's license suspension under this Section, reports received by the Secretary of State under this Section shall, except during the time the suspension is in effect, be privileged information and for use only by the courts, police officers, prosecuting authorities, the Secretary of State, or the individual personally. Reports received by the Secretary of State under this Section shall also be made available to the parent or guardian of a person under the age of 18 years that holds an instruction permit or a graduated driver's license, regardless of whether the suspension is in effect.

    The law enforcement officer submitting the sworn report shall serve immediate notice of this driver's license sanction on the person and the sanction shall be effective on the 46th day following the date notice was given.

    In cases where the blood alcohol concentration of more than 0.00 is established by a subsequent analysis of blood or urine, the police officer or arresting agency shall give notice as provided in this Section or by deposit in the United States mail of that notice in an envelope with postage prepaid and addressed to that person at his last known address and the loss of driving privileges shall be effective on the 46th day following the date notice was given.

    Upon receipt of the sworn report of a law enforcement officer, the Secretary of State shall also give notice of the driver's license sanction to the driver by mailing a notice of the effective date of the sanction to the individual. However, should the sworn report be defective by not containing sufficient information or be completed in error, the notice of the driver's license sanction may not be mailed to the person or entered to the driving record, but rather the sworn report shall be returned to the issuing law enforcement agency.

    (e) A driver may contest this driver's license sanction by requesting an administrative hearing with the Secretary of State in accordance with Section 2‑118 of this Code. An individual whose blood alcohol concentration is shown to be more than 0.00 is not subject to this Section if he or she consumed alcohol in the performance of a religious service or ceremony. An individual whose blood alcohol concentration is shown to be more than 0.00 shall not be subject to this Section if the individual's blood alcohol concentration resulted only from ingestion of the prescribed or recommended dosage of medicine that contained alcohol. The petition for that hearing shall not stay or delay the effective date of the impending suspension. The scope of this hearing shall be limited to the issues of:

        (1) whether the police officer had probable cause to  

     believe that the person was driving or in actual physical control of a motor vehicle upon the public highways of the State and the police officer had reason to believe that the person was in violation of any provision of the Illinois Vehicle Code or a similar provision of a local ordinance; and



        (2) whether the person was issued a Uniform Traffic  

     Ticket for any violation of the Illinois Vehicle Code or a similar provision of a local ordinance; and



        (3) whether the police officer had probable cause to  

     believe that the driver had consumed any amount of an alcoholic beverage based upon the driver's physical actions or other first‑hand knowled

Answer 5

Per Illinois law you were not DUI.

ss 625 ILCS 5/11-501 Driving while under the influence of alcohol, other drug or drugs,

intoxicating compound or compounds or any combination thereof

Sec. 11-501. (a) A person shall not drive or be in actual physical control of any vehicle within

this State while:

(1) the alcohol concentration in the person's blood or breath is 0.08 or more based on the

definition of blood and breath units in Section 11-501.2 [625-5/11-501.2]; (1)

and further defined here:

Definition of DUI

If your blood-alcohol concentration (BAC) is 0.08 percent  or higher, you are legally drunk and it is illegal for you to drive. However, if you are driving with a BAC between 0.05 and 0.08, you may still be cited for a DUI if your behavior suggests you are impaired. This is at the discretion of the officer citing you. Even with a BAC of just 0.06, you double your chance of being involved in a fatal accident.

Unlike being cited for driving with a BAC of 0.08 or above, BACs between 0.05 and 0.08 do not trigger the Statutory Summary Suspension detailed below; the penalties are instead entirely based on the outcome of the court case.(2)

Now, did he cite you for Minor in Possession?  You appear to be guilty of the following two charges:

    *  It is unlawful for a person under twenty-one years of age to consume alcohol unless he does so under the direct supervision and approval of his parent or parents in the privacy of the home.  Consumption of alcohol by a minor under any other circumstances is an offense punishable by a fine of up to 500.00 and/or imprisonment for up to thirty (30) days.

    * Any person under the age of twenty-one years who has alcohol in his possession on any street or highway or any public place, or in any place open to the public, may be guilty of an offense punishable by a fine of up to 500.00 or imprisonment for up to six (6) months, or both, unless that person is making a delivery of alcohol in pursuance of an order of his parent or in pursuance of his employment. (IL Rev. Stat., ch 43:131.) (3)

The other charges for the no front license plate and the circling would be lesser included offenses possibly.

I would contact an attorney and get some sound legal advice.  

Answer 6

You should not have blown.  Those who say that not blowing is worse than blowing simply misunderstand the laws and likely have zero experience defending DUI's.  But beyond that, you also shouldn't have been driving with alcohol in your car and shouldn't have been drinking.  You are a minor, which means you cannot get caught with alcohol period and the state has a zero tolerance policy for minors with alcohol in their system.  Enough with the fatherly talk - time to get real.... Get yourself a good DUI attorney.  Google "Illinois DUI attorney".  Without an attorney, you will likely lose your case and be found guilty.  With an attorney, you may have your case dismissed or be placed on probation.  Representing yourself increases the likelyhood that you will be found guilty and either have your license suspended or revoked.  DUI's are important, and trying to represent yourself can have disastrous consequences, especially if you ever plan on working or going to graduate school (specifically law school or med school).  I've seen far too many people try to fight these charges themselves, lose, then wonder why their record has come back to bite them later in life.  Spend the money, get an attorney, and give yourself the best possible shot at winning.  Good luck.

Answer 7

I'm sure everyone in town is thrilled that you won't be driving in that town anymore; stay out of mine as well.  If there's any justice they'll take your license and put you in county for a few months for a reality check.