Category Archives: DUI

St. Charles drunk driving defense attorney BAIID

Many people know that being convicted of driving under the influence (DUI) can result in the loss of driving privileges in Illinois. However, you may not realize that a motorist can receive a driver’s license suspension for a DUI arrest as well. If you fail a “Breathalyzer” test or other blood alcohol content (BAC) chemical test, you will face a six-month license suspension called a statutory summary suspension. If you are asked by a law enforcement officer to take a BAC test after being arrested, and you refuse to do so, your license could be suspended for one year. Driving with a suspended license can result in severe criminal consequences. Fortunately, some individuals with a suspended driver’s license may regain their ability to legally drive if they qualify for certain driving permits and install a breath alcohol ignition interlock device (BAIID) in their vehicle.

Understanding BAIIDs

A BAIID is similar to a Breathalyzer device. It is a small piece of equipment that measures the amount of alcohol on someone’s breath and uses that data to estimate the person’s BAC. Once a BAIID is installed in your vehicle, you will need to submit a breath sample by breathing into the device whenever you want to turn on the car. If your BAC is above 0.25 percent, the ignition will not work, and the automobile will not start. If you submit a breath test that is below the BAC limit, the car will start normally. You will also be required to submit breath samples throughout the duration of your trip.

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St. Charles cannabis DUI attorney

Many people do not realize it, but alcohol intoxication is not the only way a person can face driving under the influence (DUI) charges in Illinois. Illinois law states that an individual can also be charged with DUI for driving or being in physical control of a vehicle while under the influence of any controlled substance or drug – even prescription medications and cannabis. Because recreational marijuana is now legal in Illinois for residents aged 21 and older, many people are wondering whether or not they could receive a DUI for driving while under the influence of cannabis.

Driving Under the Influence of Marijuana Laws in Illinois

Tetrahydrocannabinol (THC) is the chemical compound that is responsible for the psychological effects caused by marijuana use. THC can affect a person’s coordination, concentration, perception of time, memory, reflexes, and more. Having THC in your system can significantly decrease your ability to drive safely if it reduces your reaction time or your ability to drive safely. For these reasons, Illinois DUI laws still include restrictions against driving under the influence of THC.

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St. Charles drunk driving defense attorney

The state of Illinois takes drunk driving very seriously. According to the National Highway Transportation Safety Administration (NHTSA), nearly 30 people die as a result of accidents involving an intoxicated driver every day in the United States. In order to dissuade drivers from driving under the influence of alcohol or drugs, Illinois has enacted several penalties for this type of impaired driving. Penalties for second or subsequent DUI are typically much harsher than penalties for a first-time DUI. If you have been arrested and charged with driving under the influence, speak to an experienced DUI attorney to learn about your defense options.

Understanding Illinois DUI Laws

According to Illinois statutes, it is illegal for an individual to drive or be in actual physical control of a vehicle if he or she:

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St. Charles felony DUI defense lawyer

Driving under the influence of alcohol or drugs is against the law in Illinois just as it is in every other U.S. state. If you are caught driving with a blood alcohol content (BAC) of 0.08 percent or more in Illinois, you can be arrested and charged with driving under the influence (DUI). The criminal penalties associated with an Illinois DUI conviction will depend heavily on the circumstances of the offense. Some individuals who are convicted of a DUI may qualify for a diversion program and are able to avoid jail time entirely. Others, however, will face years of incarceration for a DUI conviction. Read on to learn more about Illinois DUI law and what you can do if you have been charged with this serious offense.

Misdemeanor DUI

If you are caught drinking and driving and you have never previously been convicted of DUI, you will likely face a Class A misdemeanor DUI charge. The penalties associated with a first-time DUI conviction include the revocation of your driver’s license for one year, a maximum jail sentence of six months, and a maximum fine of $1,000. You may be able to regain your driving privileges if you participate in the Monitoring Device Driving Permit program (MDDP) and install a Breath Alcohol Ignition Interlock Device (BAIID) in your vehicle. A BAIID works like a breathalyzer and requires the driver to submit breath samples for blood alcohol content (BAC) analysis. A second DUI conviction is also a Class A misdemeanor, but it carries a mandatory minimum jail sentence of five days and a maximum sentence of one year.

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St. Charles DUI marijuana attorney

If you are like most people, you probably assume that driving under the influence (DUI) only refers to driving while intoxicated from alcohol use. However, this is not the only way that a person can be charged with DUI in Illinois. According to Illinois statutes, it is against the law to drive while under the influence of any drugs or alcohol. Even medical marijuana users or individuals taking prescription medications can be at risk of receiving a DUI if the drug hinders their ability to drive safely.

How Will the Legalization of Marijuana Affect Illinois DUI Laws?

Illinois will soon be the 11th U.S. state to legalize the recreational use of marijuana. House Bill 1438 was signed into law by Illinois Governor JB Pritzker in June 2019, and it will take effect on January 1, 2020. After this date, adults 21 years old or older will be able to legally purchase marijuana, THC-containing edibles, and cannabis concentrate products. However, it is critical for Illinois residents to understand that they are still subject to DUI laws regarding driving under the influence of cannabis even after legalization takes effect. Illinois law prohibits driving under the influence of “any drug or combination of drugs to a degree that renders the person incapable of safely driving.” If you are driving under the influence of marijuana and are stopped by a police officer, you could be arrested for DUI.

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