Category Archives: DUI

Consequences of a DUI Conviction in Illinois, Naperville criminal defense attorneysConviction of a DUI (driving under the influence) in the state of Illinois can have serious, lasting consequences. In fact, even first-time offenders run the risk of losing their license, jail time, and significant fines. Furthermore, the DUI laws in Illinois are progressive, so each additional offense results in even heavier penalties. If you or someone you love has recently been arrested for a DUI, understand the consequences and how to best protect your rights.

DUI Arrests in Illinois

If you are pulled over and an officer suspects that you have been drinking, he or she will ask you to complete a field sobriety test. An arrest will be made if the officer feels that the sobriety test has provided them with probable cause. Once at the station, you will be asked to submit to chemical testing. If you refuse, you may be facing a statutory summary suspension, which immediately suspends your license and then gives you 45 days to fight a longer-term suspension in court. If you comply, your BAC will be used to determine if a statutory summary suspension will be issued.

...
Continue reading

Naperville criminal defense attorneys, sobriety checkpoints, DUI checkpointsUnder Illinois law, sobriety checkpoints are a legal method used by police to find inebriated drivers and keep the state’s roadways safer. Sobriety checkpoints are police traffic stops that are not related to any individual suspicion of DUI. At temporary, random locations, police briefly detain and interview drivers. Those acting suspiciously are subjected to sobriety tests and, if they are intoxicated, charged with DUI.

Search and Seizure

Due to the Fourth Amendment’s protection against unreasonable search and seizures by the government, police generally need a reasonable suspicion of illegal activity to stop drivers. A reasonable suspicion does not mean an absolute certainty, but rather a justifiable suspicion that unlawful activity is occurring or is imminent.

...
Continue reading

Naperville criminal defense attorneys, DUI lawsLast month, a new law went into effect amending the laws regarding chemical testing for driving under the influence (DUI). When a law enforcement officer detains a driver suspected of operating a vehicle under the influence, he or she must oversee a series of tests to evaluate the driver’s level of intoxication. One of these tests is a chemical evaluation in which the breath or blood of the driver is analyzed. The new law clarifies an officer’s obligation to verbalize specific warnings before administering the test concerning the consequences of a refusal.

Implied Consent

In Illinois, a driver who is lawfully arrested by an officer who has probable cause to believe that the driver was operating a vehicle under the influence of drugs or alcohol is considered to have given implied consent to submitting to a chemical test of either blood, breath, or urine to determine blood alcohol content. Drivers do not have the right to speak to an attorney before the test is administered and the arresting officer is allowed to choose which test the driver will take.

...
Continue reading

Naperville criminal defense attorneys, DUI related restrictionsTwo new laws that significantly amend the regulations and requirements for obtaining an Illinois driver’s license after a DUI conviction became effective last month. House Bill 3533 now makes the use of an ignition interlock device mandatory for individuals who have been convicted of two or more DUIs and who have been granted a temporary license. House Bill 1446 allows those with a record of four or more DUIs to apply for a restricted permit under certain circumstances.

House Bill 3533

A person who has been convicted of a DUI will automatically have his or her license suspended. However, courts also recognize that people often have no other form of transportation to get to and from employment, school, and medical appointments. For this reason, courts can issue restricted driving permits.

...
Continue reading

DUIWith holiday parties and family gatherings, the holiday season is a popular time to drink. Illinois also sees an increase in intoxicated drivers and accidents involving alcohol during this season. If you are planning on drinking, it is important to take appropriate safety measures to avoid a DUI arrest or conviction. If you have been charged with a DUI, an attorney can help you defend your rights.

Illinois DUI Law

In Illinois, it is illegal for a person to operate a motor vehicle if his or her blood alcohol content is at or above 0.08 percent. Illinois has a zero tolerance law for those under the age of 21. If an underage driver is caught with any amount of alcohol in his or her system, the driver can be charged with a DUI. For drivers of commercial vehicles, such as taxis or trucks, the limit is 0.04 percent.

...
Continue reading

Archives