DeKALB | Just because a person isn’t falling-down drunk doesn’t mean that they are OK to drive, said Don Henderson Jr., director and attorney at law for Students’ Legal Assistance office.

The average DUI offender in Illinois in 2004 was a 34-year-old male, pulled over between 11 p.m. and 4 a.m. on a weekend, with a blood alcohol content of .16 percent, according to the Illinois Secretary of State’s office. Sixty-one percent of those arrested for DUI are younger than 35.

To avoid a DUI, the easiest thing to do is not drink and drive, said DeKalb Police Sergeant Jon Costliow.

“The laws are getting stricter, and we are trying to send the message that it will not be tolerated,” Costliow said.

The most common reason to pull someone over on suspicion of DUI is a complaint from another motorist or for driving erratically. The officer will then follow standard procedure when pulling someone over. An officer may suspect the person has been drinking by signs such as slurred speech, bloodshot eyes and the smell of alcohol in the car or on the person’s breath. The officer may ask the driver to submit to field sobriety tests, like reciting the alphabet backwards or walking a straight line.

“Those tests are not mandatory,” Henderson said. “If the driver doesn’t take the tests, there is no penalty at that point.”

A person can be arrested without taking the tests if the officer has probable cause for believing the person is intoxicated, Henderson said. Once an arrest has been made and the driver is transported to the jail, the booking process will take place, which includes a Breathalyzer test. This test is required, and refusal will result in serious consequences.

One penalty for first-time DUI offenders is driver’s license suspension. If the person completes the Breathalyzer, suspension is three months. If the person refuses the Breathalyzer, suspension is six months.

If found guilty of DUI and it is the first offense, the person can be jailed for up to one year and fined up to $2,500.

Before a case can be resolved, a judge must receive a written assessment of what sort of treatment may be required for the offender, Henderson said. The person is then assigned a level of one, two or three.

Costliow said the best thing to do is have a designated driver, use a taxi service or use the Late Night Ride Service.

“It is nothing to be messing around with,” he said.