Illinois has one of the toughest anti-drunk driving laws in our nation. The intent of the Illinois DUI law is to prevent people from driving when they’ve been drinking, and from drinking when they’re going to be driving.

Any driver who, having been arrested for driving under the influence (DUI), submits to a blood or breathalyzer test which reveals an alcohol concentration in his or her blood of .10 or more, will have their drivers license suspended for three months. The suspension takes effect 46 days after the driver is notified in writing that he or she has failed the test, and applies whether or not the driver is subsequently convicted of the DUI charge.

What about leniency because this is a first offense, or because you need your car to commute to school? There is no provision in the law for an exception to the summary suspension based on one’s prior exemplary driving record. The law does create a mechanism under which a person subject to the suspension can apply for a “judicial driving permit.” Such permits, however, are issued to permit a driver to continue his or her employment and/or to undergo alcohol or drug treatment or medical care. There is nothing in the law to the effect that judicial driving permits are obtainable to allow an individual to attend classes at a college or university. Furthermore, such permits, even when issued, do not become effective until 30 days after the effective date of the summary suspension.

If you have concluded that all you need to do to avoid the consequences of the new law is to refuse to submit to the breathalyzer if you are arrested, think again. Under Illinois law, anyone who refuses to submit to a blood, urine, or breath test when lawfully requested to do so by a police officer is subject to an automatic six-month suspension of their driving privilege for a first refusal.

To put the matter plainly, if you need your car to commute to school, you stand to be unable to continue your education for at least a semester if you are arrested for DUI. If you need your car to work, you face the loss of your job, or, at minimum, a one-month layoff from work if you drive drunk.

Be aware that “court supervision” or other such disposition of the criminal DUI charge, even if available, does not void or in any way affect the three-month summary suspension.

Note that refusal to submit to a blood, urine, or breath test in another state is acted on by the Secretary of the State as though the refusal occurred in Illinois.

Conviction of DUI for a first offense can result in a fine of up to $1,000 and/or imprisonment for up to one year. Conviction for DUI carries with it an automatic revocation of one’s driving privileges for a period of at least one year. Even assuming ideal circumstances prevail, i.e., excellent driving record, minimum level of intoxication, etc., one can expect to pay fines, costs and attorneys’ fees of $750 to $2,000 for conviction on a first offense of DUI.

As of Jan. 1, 1988, anyone who is not a first offender, and is convicted for DUI within a 20 year period of their first offense, will receive an automatic three-year suspension of driving privileges. A third conviction for DUI within 20 years carries an automatic six-year suspension. Regaining the privilege to drive is not guaranteed after the suspension period lapses.

The old adage reads “an ounce of prevention is worth a pound of cure.” When there is no cure, the value of prevention becomes inestimable. Prevention is a matter of common sense and forethought, not magic. If you are going out with a group and you know drinking is likely, why not use the designated driver system to insure one person at least will be sober and able to drive everyone else home safely? If you are alone and have overindulged, why not call a friend or relative for a ride home? If necessary, why not simply leave your car and catch a cab or taxi? The tow charge, whatever it might be, cannot compare to the costs of a DUI.