Tag Archives: driving under the influence

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 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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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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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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