An Illinois truck driver had been arrested for driving while under the influence a second time in a month. His blood-alcohol content was claimed to be 0.179 during the first arrest that occurred on Dec. 29. He was arrested again on Jan. 28 and this time the blood-alcohol level was reportedly at 0.288.
What's important is that each charge has now been increased to a felony level with each count carrying a sentence of seven years imprisonment. The charges have also barred him from driving any motorized vehicle since Feb. 13.
The driver apparently had refused to have his blood drawn for purposes of having it tested for blood-alcohol content. However, blood was drawn for purported medical purposes and this was then examined for blood-alcohol content. According to a nurse, he also had supposedly told her that he had consumed a liter of alcohol.
We have said on this blog before that the consequences of a DUI become more serious with each conviction. A felony DUI could lead to fines of more than what one could afford and an extended time in confinement. Though the circumstances of this matter appear to be unique, the consequences should a conviction result could be severe. While at the same time possibly losing his livelihood, the driver may also be looking at more than a decade in prison.
However, there is a difference between an arrest and a conviction. Allegations may come along with an arrest, but there can be no penalties assessed until reliable proof of a DUI is presented at trial. It's thus best to speak to an experienced DUI defense attorney after an arrest has taken place to prevent prosecuting attorneys from building a case.
Source: Peoria Journal Star, "Manito Township driver faces felony DUI charges," Michael Smothers, March 4, 2014