Category Archives: DUI

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St. Charles drunk driving defense lawyer

In Illinois, if you are convicted of driving under the influence of drugs or alcohol, your driver’s license can be suspended or revoked. However, there are several driving relief programs available to DUI offenders that can help them regain their driving privileges. A qualifying offender may be able to obtain a Monitoring Device Driving Permit (MDDP) or Restricted Driving Permit (RDP) by meeting certain criteria and agreeing to install a monitoring device in their vehicle. These devices, called Breath Alcohol Ignition Interlock Devices or BAIIDs, require the driver to submit a breath test in order to operate the vehicle. Here are some frequently asked questions Illinois drivers have about these devices:

How Do I Use a Breath Ignition Interlock Device?

Similar to a breathalyzer, a BAIID uses a person’s breath to estimate his or her blood alcohol content (BAC). If you have a BAIID installed in your car, you will need to breathe into the machine in order to start the vehicle. The device will then calculate your BAC. If your BAC is above the allowable limit, the vehicle will be “locked out,” and the ignition will be unusable for a period of time. You will need to submit additional breath samples every 5 to 45 minutes during your drive.

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St. Charles drunk driving defense lawyer

As in every other U.S. state, it is against the law to drive while drunk in Illinois. If a motorist is caught driving with a blood alcohol content (BAC) of 0.08 percent or higher, he or she can be charged with driving under the influence (DUI) and is subject to criminal penalties. Many DUI charges arise after a police officer administers a chemical breath test to determine a driver’s BAC. An officer cannot physically force someone to take a breath test, so technically the driver has the right to refuse this test. However, refusing to submit to chemical BAC testing can result in significant penalties.

Illinois' Implied Consent Law

If a police officer notices a motorist who is driving erratically, drifting between lanes, or otherwise appears intoxicated, he or she has probable cause to pull that driver over. If the driver shows indications of impairment such as slurred speech, red eyes, or the smell of alcohol, the officer may arrest the driver on suspicion of DUI. In order to determine how intoxicated the driver is, the officer may ask him or her to submit to a breathalyzer test or field sobriety tests. If the officer believes that the driver is under the influence, he or she will arrest the driver, and at the police station, the driver will be asked to submit to a chemical blood alcohol test of his or her blood, breath, or urine. Illinois’ implied consent law states that anyone who is in “actual physical control” of a vehicle has given consent to chemical BAC testing.

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St. Charles driver's license resintatement lawyer

Everyone makes mistakes from time to time, even while operating a vehicle. Having your Illinois driver’s license suspended or revoked because of a traffic violation or accident can turn your life upside down. Without a license, you may have to rely on friends and family for rides or pay for a taxi. Even ride-share services such as Uber and Lyft can get expensive when you consider the cost over many months. If you have a job, classes you must attend, or a family to take care of, it is important that you get your driving privileges reinstated as soon as possible. Driver’s license reinstatement in Illinois is possible with the help of an experienced lawyer. 

Suspension Versus Revocation

There is one big difference between having your license suspended and having it revoked. A suspension lasts for a defined length of time, such as six months. When your driver’s license is revoked, however, you have lost it indefinitely. You can apply to have your license reinstated after 12 months, but you are not guaranteed to be approved for a reinstatement based on your driving record. 

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St. Charles prescription medication DUI lawyer

Most people think of alcohol when the topic of DUI comes up. However, the term DUI stands for “driving under the influence,” and a driver can be under the influence of many different substances in addition to alcohol. These substances can include illegal drugs and even legally prescribed medications. Taking medication may not necessarily affect a person's ability to operate a motor vehicle. However, if certain medicines do cause impairment, someone behind the wheel could face penalties for DUI with prescription medication. 

Commonly Prescribed Medications Leading to DUI

Not all prescribed medications are known for causing impaired driving. For example, taking birth control or a medication used to reduce cholesterol may not affect your ability to drive. However, many other medications are known to impair drivers, and it is important to understand how those prescribed medicines will affect you before you get behind the wheel of a car. These common types of medications usually have a warning label on the bottle, but if there is any question about how they might affect your driving ability, you should speak to your prescribing doctor or pharmacist. Some prescription medications that could cause impairment include:

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Illinois DUI attorney

Just like an alcohol DUI, it is against the law in Illinois to be under the influence of any drug while operating a motor vehicle. In Illinois, a person convicted of drugged driving can face serious consequences. 

What is Drugged Driving?

If a person is pulled over or is involved in an accident, and it is discovered they are impaired by a prescription or illegal narcotic through field sobriety, breath, or blood test, it is considered a DUI. This includes legal medical marijuana cardholders who display signs of impairment or who fail a blood test.

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