chicago dui lawyerA Chicago DUI Lawyer will argue that prosecution of felony DUI by local authorities is prohibited. A Chicago DUI lawyer will be aware that a unit of local government, including a home rule unit, may not enforce any ordinance that prohibits driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof if, based on the alleged facts of the case or the defendant’s driving history or record. The offense charged would constitute a felony under the Illinois Vehicle Code.

A municipal attorney must review the driving record of any defendant accused of violating any ordinance that prohibits driving under the influence of any intoxicant, and if the offense charged would constitute a felony; notify the State’s Attorney of the county of the felony charges.

The powers of a local authority to enact or enforce any ordinance or rule with respect to the streets or highways under its jurisdiction relating to driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof is limited to the enactment and enforcement of ordinances or rules the violation of which would constitute a misdemeanor.

A local authority may not enact or enforce any ordinance or rule with respect to streets and highways under its jurisdiction if a violation of that ordinance or rule would constitute a felony under the Illinois Vehicle Code.

A Chicago DUI lawyer who is aware that, based on a driver’s history, the driver is subject to prosecution for a felony under the Illinois Vehicle Code, will notify the State’s Attorney of that county of the fact since the driver may not be prosecuted by the municipality.

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