In Illinois, driving under the influence of alcohol and drugs is a separate category of DUI. As with alcohol-based DUI, this form is a Class A Misdemeanor for a first or second offense but can become a Class 4 felony based on certain aggravating factors.
Under 625 ILCS 5/11-501(a)(4), you commit driving under the combined influence of alcohol and drugs when you drive or are in actual physical control of a vehicle while under the combined influence of alcohol and any other drug such that you cannot drive safely.
Your offense can become aggravated if: (1) this is your third or later DUI, (2) you were driving an occupied school bus, (3) a resulting accident caused another person great bodily harm, permanent disability or disfigurement, or (4) this was your second offense and you were also convicted of reckless homicide based on a DUI.
If you have been charged with DUI, contact an experienced attorney immediately. An attorney can review your case for your best possible defense as well as helping you navigate the process. Did police have probable cause to stop you? Can the state prove you consumed both alcohol and drugs?
If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.
(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)
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Illinois Jurisprudence: Criminal Law and Procedure. Vol. 1. (LexisNexis 2014).
Illinois Jurisprudence: Criminal Law and Procedure. Vol. 1. (LexisNexis 2014).