Tag Archives: drunk driving

St. Charles aggravated DUI defense attorney

As it is in every state, it is against the law to drive under the influence of alcohol or drugs in Illinois. Many DUI arrests are the result of failing a chemical blood alcohol content (BAC) test such as a breathalyzer. However, a driver may be arrested for DUI even if he or she does not have a blood alcohol level of 0.08 percent or greater. According to Illinois law, a driver can face DUI charges for being under the influence of any intoxicating compound, drug, or combination of drugs and alcohol to a degree that he or she is unable to drive safely. The penalties for DUI increase with every previous DUI conviction. If you have been charged with your second or third DUI in Illinois, it is crucial that you reach out to a criminal defense attorney for help.  

Criminal Consequences of a Second or Subsequent DUI

A second DUI is typically a Class A misdemeanor in Illinois, which is punishable by a fine of up to $2,500 and a jail sentence of up to one year. You may also be subjected to a driver’s license suspension of five years. Third, fourth, and subsequent DUI convictions are aggravated DUI offenses in Illinois. If you have received two previous convictions for DUI, and you are caught driving under the influence of alcohol or drugs for the third time, this is a Class 2 felony offense. If convicted, you could face up to seven years in prison. You may also face a driver’s license suspension period of 10 years.

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St. Charles DUI defense attorney

In Illinois, it is against the law to be in actual physical control of a vehicle while under the influence of alcohol or drugs. If a police officer suspects you of drunk driving, you will likely be asked to complete a field sobriety test or breath test such as a Breathalyzer. If your blood alcohol content is 0.08 percent or more, or you show obvious signs of impairment, you face arrest and possible DUI prosecution. Criminal penalties for an Illinois DUI depend heavily on the circumstances of the alleged crime. If you or someone you know has been arrested for DUI, a criminal defense lawyer can help ensure that your rights are fully protected.

First-Time DUI Is Typically a Misdemeanor Charge

Most first-time Illinois DUI charges are Class A misdemeanors punishable by driver’s license suspension for one year, a fine of up to $1,000, and a possible incarceration period of up to six months. Unless certain aggravating circumstances were present, the majority of first-time DUI convictions do not result in significant jail time. Furthermore, you may be able to regain your ability to drive before the driver’s license suspension period ends via a Monitoring Device Driving Permit (MDDP) that will require you to use a breath alcohol ignition interlock device (BAIID). 

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St. Charles DUI defense attorney

Imagine the following scenario: you decide to have a few drinks at a local bar after work. However, you lose track of time and end up consuming a significant amount of alcohol and staying at the bar much longer than you intended. It is now nighttime, and you are too intoxicated to drive. In a situation like this, you may decide to avoid drunk driving by sleeping in your vehicle and driving home once you have sobered up. However, according to Illinois law, you may be charged with a DUI even if you were not actually driving.

Illinois DUI Law

Section 11-501 of the Illinois Vehicle Code states that it is a criminal offense for a person to drive or be in “actual physical control” of a vehicle when:

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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 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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