Tag Archives: breathalyzer

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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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.

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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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