Category Archives: DUI

DUI conviction, Naperville DUI lawyers, go to jail, jail for DUI, DUI conviction, DUI chargeIf you are charged with DUI in Illinois, jail time is always a possibility. DUI charges can be very different from each other. In most cases, a first or second DUI is charged as a misdemeanor. Still, there are circumstances that can make this a felony charge.

Relevant factors that can alter a DUI charge include:

  • Whether you have been convicted of DUI before;
  • How long ago you were previously convicted of DUI;
  • Whether your actions caused another person to suffer death or bodily harm;
  • Whether you were transporting a child under the age of 16 at the time of the arrest;
  • Whether you refused to take a chemical test to determine your blood alcohol content (BAC); and
  • Your BAC at the time of your arrest.

For Your First DUI, you Probably Will Not Face Jail Time

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driving while intoxicated, DUI, Naperville DUI lawyer, field sobriety test, blood alcohol contentWhen you are pulled over under the suspicion of driving while intoxicated (DUI),you may be asked to perform a field sobriety test. You have seen these in television and movies—they are the roadside exercises that show whether an individual is impaired by alcohol or another drug, such as standing on one leg or walking in a straight line and turning.

If you are asked to perform this type of test, politely decline. Although you might think that performing the test will prove that you are not impaired, the truth is that the test is far more likely to hurt your case than help it.

After you are arrested, contact an experienced DUI defense lawyer as soon as possible to develop your legal defense strategy.

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implied consent, DUI, Naperville DUI lawyer, driver’s license suspension, BAC testsAs a licensed Illinois driver, you are undoubtedly familiar with the concept of implied consent. This is your agreement to submit to a chemical test to measure your blood alcohol content (BAC) or the presence of any other substances when asked to do so by law enforcement. The results of this test can be used to support a charge of driving under the influence (DUI).

Implied consent is more nuanced than it can initially appear to be. Most importantly, remember that providing a positive sample does not mean you cannot fight the charge later.

Implied consent means you agree to provide a blood, breath or urine sample to determine your BAC

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Naperville distracted driving defense attorney, distracted driving, DUI-E, dangerous driving, texting while drivingWe all know and understand the dangers of distracted driving, yet the temptation is always just inches away. In Illinois, it is illegal to use any hand-held cell phone to talk or text, or to use any other electronic device while operating a motor vehicle. The state of Washington, however, has made the next transition to even more severe punishments and higher standards for those traveling with a cellular device in hand. For that matter, any distraction—including eating or smoking—can result in penalties. Many have concerns that these regulations will soon be implemented here in our home state.

What is Washington’s E-DUI?

Time and again we hear and read studies offering proof that distracted driving through the use of electronics devices creates more of a hazard than drunk driving. E-DUI is Driving Under the Influence of Electronics. The law solidifies the ramifications in which you can and cannot utilize a cellular or other electronic device. In short, anytime you are behind the wheel of your vehicle while driving through the state of Washington, your phone should be away. Even scrolling during the 30 or so odd seconds at a stoplight is against the law. Although the vehicle is not in motion at that time, the vehicle is likely not in park and lawmakers determined that the time at the stoplight is intended to scan intersections and roadways, not a phone. Although, cell phone usage is not the only behavior being singled out.

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summer DUI checkpoints, traffic stop, reasonable suspicion, Naperville DUI defense attorney, drunk driversNationwide, 75 percent of states permit DUI checkpoints. Therefore, it is important to understand your rights and how to evade checkpoints if necessary. In addition, you have the right to record your interactions at these checkpoints should you encounter one this summer.

How to Search for a DUI Checkpoint Near You

If you go online and search for your local DUI checkpoint website, or in some cases a checkpoint app, you will find information stating where and when a DUI checkpoint will be operational. It is common for a DUI checkpoint to be set up on one road at a particular time, and then to have it subsequently move miles away the next night—checkpoints are rarely set up in the same place, at the same time, multiple nights in a row.

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