In every state, driving under the influence (DUI or DWI) is illegal. However, each state’s government may have a slightly different law or approach to handling drunk driving accidents. Some may focus on prevention, while others may prioritize enforcement. California and Illinois are both home to some of the most populated cities in the United States and, therefore, see a lot of drunk driving cases. If you’re planning on driving in either of these states, it’s imperative to familiarize yourself with the differences and similarities in DUI laws, penalties, and enforcement to keep yourself safe.
Drunk Driving Statistics
Regardless of location, driving under the influence is a serious and deadly problem. Drunk driving results in thousands of accidents each year, many of which cause fatalities.
California
California is a larger state with a larger population, so it sees a lot more fatalities for accidents at around 1,000 each year. Larger cities like Los Angeles, San Diego, and San Francisco are responsible for a large fraction of these fatalities. Los Angeles is a popular tourist destination, resulting in many out-of-state driver accidents as well. The state prioritizes fairly aggressive prevention and enforcement.
Illinois
Illinois is a smaller state in terms of land mass and population. However, popular cities like Chicago and Springfield still place the state at over 300 drunk driving accident fatalities each year on average, which is still devastatingly high. Obtaining an accident lawyer in Chicago or other large Illinois cities is often necessary for both victims and offenders to navigate the state’s strict penalties and laws.
Blood-Alcohol Concentration (BAC) Limits
Your blood-alcohol concentration (BAC) essentially measures how intoxicated you are in medical terms. It is typically expressed as a percentage of how many grams of alcohol are in every 100 milliliters of your blood. It is a standard metric for law enforcement to determine how much you’ve had to drink, but your BAC can vary depending on many factors, including how long you’ve been drinking, your weight, metabolism, and sex. In both Illinois and California, the law defines drunk driving when your BAC is at 0.08% or higher for most drivers, with the exception of 0.04% for commercial drivers. If you’re under 21, any amount of alcohol in the system (0.01% or higher) results in a DUI charge.
Typical First-Time Offender Penalties
First-time offenders typically see more lenient charges than those with multiple drunk driving offenses, but you won’t get off entirely scot-free. If you’ve offended more than once, expect harsher penalties.
California
California’s first-time offender penalties include fines up to $10,000. On average, many pay around $1,000, but the fine depends on the severity of the offense, such as fatalities. Licenses are typically suspended, usually for about six months, depending on the severity of the offense. Other penalties can include jail time, mandatory driving education, community service, and ignition interlock devices.
Illinois
A drunk driver arrested in Illinois will see similar penalties, but fines for first-time offenders typically cap at $2,500. You can have your license suspended for up to a year and will have to participate in a mandatory DUI program. You can spend at least a year in jail or two years of probation. Other penalties include community service, supervised driving, and more.
Insurance Liability in Accidents
In drunk driving accidents, liability will almost always fall on drivers under the influence. Auto insurance is a legal requirement for all drivers in both California and Illinois, and insurance liability laws will vary. Both states have at-fault insurance laws, which means the driver who is at fault (under the influence) will be financially responsible for covering the damages of the injured parties through their insurance only. Victims can file car accident lawsuits against the responsible parties if desired.
DUI Offenses on Your Driving Record
Legal expenses aren’t the only cost you need to worry about when arrested for driving under the influence. Your insurance premiums will rise when you’re in an accident, especially when it is a result of drunk driving. When you’re arrested or in an accident for driving under the influence, it is added to your driving record. Insurance companies will use your record to determine premiums. In California, a DUI conviction can stay on your record for ten years, which can raise your premiums by at least 40%. In Illinois, a DUI will remain on your record for life!
Statute of Limitations
If you’re a victim of a drunk driving accident, you may want to pursue litigation against the liable party. In both California and Illinois, you can file a lawsuit against responsible parties after an accident, but you have a limited amount of time to do so. This time limit is also known as the statute of limitations. For personal injuries, the statute of limitations is two years from the date of your accident in both Illinois and California. For property damage, Illinois has a five-year limit, while California allows property damage lawsuits up to three years after the accident.
Conclusion
Whether you’re in California, Illinois, or anywhere in between, following driving laws, especially when it comes to driving under the influence, is imperative. Drunk driving laws and penalties seek to prevent deadly accidents as much as possible. Avoid getting in the car with a drunk driver or when you’ve had alcohol. Consuming alcohol significantly affects your judgment and ability to react to normal driving activities. Practice defensive driving against other cars on the road as well. Let aggressive drivers pass you and keep a safe distance from anyone who is weaving or driving recklessly. If you’re involved in a drunk driving accident as a victim or driver, consult with a qualified attorney to discuss your options.