Category Archives: DUI

DUIThe only contact many people will ever have with the criminal justice system is when they are stopped for a DUI. In Illinois the crime of DUI involves operating a motor vehicle when you are impaired by drugs or alcohol. You can be convicted of DUI even if you were only using your own prescription medicine.

Why the Officer Comes to Your Window

In Illinois you may have an officer approach your car window in two basic situations. The first one is at a DUI checkpoint. Illinois courts have held that DUI checkpoints do not violate driver’s constitutional rights. Officers may pick out cars at random to stop and approach or they may decide to approach you if they see something suspicious.

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Illinois DUI attorney, Illinois defense lawyer, Illinois criminal attorney, At a recent hearing of a state traffic safety task force, the Illinois State Bar Association proposed doing away with “hard time” license suspensions for drivers arrested for driving under the influence. The bar association instead pushed for the installation of ignition interlock devices, which test for alcohol on a driver’s breath, in offenders’ cars in place of the mandatory license suspension.

Current Law

Currently, Illinois law provides for mandatory suspension periods for those convicted of DUIs. For a first offense, a driver who tests at over the legal limit will have his or her license suspended for six months. If a driver refuses chemical testing, a first offense will result in license suspension for 12 months.

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DUI chargeDriving under the influence is a dangerous practice, but everyone makes mistakes. Often, the person facing DUI charges had no idea he or she was over the limit while driving. The truth, however, is that drunk driving carries serious penalties, which is why it is so important to hire an experienced DUI attorney to represent your interests.

What Leads to a DUI Charge?

In most states, police will charge a driver with DUI if his or her blood alcohol content (BAC) is 0.08 or greater. Depending on how the suspect was driving and his or her interactions with law enforcement, alcohol-related charges can result from BACs as low as 0.05.

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blood alchol content, driving under the influence, Illinois criminal defense lawyer,The questions of if and when police officers may force a medical procedure on you to gather evidence that can later be used against you, often comes up in the context of DUIs. This is because evidence of intoxication can be found in someone’s blood stream for some time after he or she has consumed alcohol or drugs. The answers to these questions depend on a weighing of the police officer’s need to gather evidence against an individual’s privacy needs. While police officers generally need warrants to get a DUI blood test, there are some instances when police officers, or doctors working on their behalf, can get blood tests done without your permission.

Protections Offered by the Fourth Amendment

Police requiring a blood test from a person would be considered a search under the Fourth Amendment to the U.S. Constitution. Fourth Amendment searches are supposed to be reasonable. This means that in most cases, the police are supposed to seek a warrant before conducting a search. A warrant is required even in a routine DUI case, at least in most cases. The U.S. Supreme Court has carved out certain situations in which a warrant is not required. These situations are called exigent circumstances. The police do not need a warrant, for example, if you give your consent, or if there is a danger that evidence will be destroyed before the police can get a warrant.

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medical marijuana user, Illinois criminal defense attorney, field sobriety tests, Illinois DUI, With Illinois joining the list of states that allow the use of marijuana for medical treatment, there are some changes to the Illinois law on driving under the influence (DUI) geared to accommodate the medical marijuana law. The medical marijuana law, known officially as the Compassionate Use of Medical Cannabis Pilot Program Act, was signed into law last year. The law allows a person with a prescription to legally use marijuana in order to treat symptoms of a debilitating medical condition or lessen any pain associated with it.

DUI Laws Regarding Marijuana

 Under the Illinois DUI law, it is illegal for anyone to drive a vehicle while impaired by the use of alcohol or drugs. While the DUI law prohibits driving while there is any trace of an intoxicating drug in your system, the law provides an exception for medical marijuana users. This exception recognizes that marijuana does not immediately leave the body after use. In fact, marijuana can sometimes be detected in a user’s system up to thirty days after use.

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