Types of DUI 

 

In Illinois there are six types of DUI.  They are listed as follows:

Uniform Vehicle Code  § 625 ILCS 5/11-501.(a)(1), commonly referred to as DUI(a)(1)

Under this section, the prosecution must prove two things.  First, the prosecution has to prove that you were driving or in actual physical control of your vehicle.  Second, that while driving, the alcohol concentration in your blood or breath is at a 0.08 or more.  The prosecution of such cases are solely based on the results of a breathalyzer machine.

 

Uniform Vehicle Code  § 625 ILCS 5/11-501.(a)(2), commonly referred to as DUI(a)(2) 

Under this section, the prosecution also has two prove two things.  First, the prosecution must prove that you were driving or in actual physical control of your vehicle.  Second, the prosecution must prove that you were under the influence of alcohol when you drove.

Under this section, the prosecution does not have to prove that the alcohol in your blood was at or over a 0.08.  Instead, proof is based mainly on the police officer’s observations of you, such as, whether you had bloodshot eyes,  a strong odor of alcohol, slurred speech, improper balance while walking or if you admitted to drinking.  In addition, the prosecution also uses your performance on Standardized Field Sobriety Tests in determining whether or not you were under the influence.  The prosecution usually proceeds with this DUI when you have refused chemical or breath testing.

 

Uniform Vehicle Code  § 625 ILCS 5/11-501.(a)(3), commonly referred to as DUI(a)(3) 

Under this section, the prosecution needs to prove three things.  First, the prosecution must prove that you were driving or in actual physical control of your vehicle.  Second, that while driving, you were under the influence of any intoxicating compound or combination of intoxicating compounds.  Third, that the intoxicating compound rendered you incapable of driving safely.  Intoxicating compounds are chemicals, compounds or liquids that if ingested, breathe, inhaled or drunk could affect your auditory, visual or mental processes.

Under this section, your performance on Field Sobriety Tests, the results of urine or blood tests, as well as the officer’s observations are critical in the prosecutor’s proof that you were under the influence.

 

Uniform Vehicle Code  § 625 ILCS 5/11-501.(a)(4), commonly referred to as DUI(a)(4) 

Under this section, the prosecution needs to prove three things.  First, the prosecution must prove that you were driving.  Second, the prosecution must prove that you drove while under the influence of any other drug or combination of drugs.  Third, the prosecution must prove that the drug use rendered you incapable of driving safely.

Under this section the prosecutor usually would attempt to prove that you were under the influence with the use of the officer’s observations, your performance on Field Sobriety Tests or the results of urine or blood tests.

 

Uniform Vehicle Code  § 625 ILCS 5/11-501.(a)(5), commonly referred to as DUI(a)(5)

Under this section, the prosecution has to prove three things.  First, the prosecution must prove that you were driving.  Second, the prosecution must prove that you drove while under the influence ofcombined influence of alcohol, other drug or drugs, or intoxicating compound or compounds.  Third, the prosecution must prove that the combination of alcohol, drugs or compounds rendered you incapable of driving safely.

Under this section, the prosecution would attempt to prove that you were under the influence with the use of the officer’s observations, your performance on field sobriety tests and the results of urine, blood or breathalyzer tests.

 

Uniform Vehicle Code  § 625 ILCS 5/11-501.(a)(6), commonly referred to as DUI(a)(6)

Under this section, the prosecution has to prove two things.  First, the prosecution must prove that you were driving.  Second, the prosecution must prove that that while driving,there is any amount of a drug, substance, or compound in the person’s breath, blood, or urine.

Under this section, the prosecution would attempt to prove that you were under the influence with the results of urine or blood testing.  The prosecution does not need to prove that there was bad driving.

As discussed before, the prosecution has a lot of flexibility when it comes to prosecuting you for a DUI.  For that reason, it is important to have an experienced attorney by your side in order to beat a DUI.  Having prosecuted over a thousand DUI cases, Attorney Uche is an experienced Chicago DUI attorney as well as an experienced Illinois DUI attorney.

 

For a FREE 24/7 consultation with Attorney Uche call 302-252-5612 now!

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