Tag Archives: dui

Naperville DUi Lawyer

One of the milestones nearly all American teenagers look forward to is the day they can get their driver’s license. While it means extra freedom, teens and driving have always been a dangerous combination. 

According to the National Highway Traffic Safety Administration (NHTSA), car crashes are the leading cause of death for teens. About a quarter of those fatal accidents involve an underage driver who was drinking. In 2016, 39 percent of drivers involved in fatal crashes involving alcohol were young drivers age 16 to 24. Because of this, in addition to minimum drinking age laws, many states have enacted zero-tolerance laws for underage drinking and driving.

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St. Charles DUI charges attorneyIn 2017, there were 330 people killed in alcohol-related car crashes in the state of Illinois. Those 330 people represented about 30 percent of all car crash fatalities in Illinois in 2017. It is not unusual for a simple DUI case to turn deadly, which is why Illinois police take drunk driving cases so seriously. In 2017, there were 27,046 DUI arrests recorded throughout the state by the Secretary of State’s office. Though DUI arrests are common, many people do not know what to expect when they are arrested for driving under the influence. Here is a breakdown the of the process that a DUI case goes through when you are arrested in Illinois: 

Before the Arrest

Before you can be arrested for a DUI, an officer must have had a reason to pull you over. This can be called reasonable suspicion or unusual operation. For them to pull you over, you would have had to been driving erratically or given the officer another reason to suspect you were under the influence.

Once the officer has pulled you over, you will probably be asked to submit to field sobriety tests, which will give the officer probable cause to arrest you if you fail them. 

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Naperville felony DUI defense attorneyDriving under the influence (DUI) is not a uniform charge. Rather, there are many different factors that affect how a specific incident of alleged drunk driving is charged. These include the driver’s blood alcohol concentration (BAC) at the time of the arrest, his or her age, whether the driver has previous DUI charges on his or her record, and whether the drunk driving caused a victim to suffer an injury or death.

A “regular” first time DUI is charged as a Class A misdemeanor in Illinois. However, there are circumstances under which a first offense DUI may be charged as a felony. Specific factors that cause a DUI charge to be “upgraded” are known as aggravating factors. An upgraded DUI charge is known as an aggravated DUI.

When a DUI is a Class 2 Felony

DUI is charged as a Class 2 felony under the following circumstances:

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Geneva DUI defense lawyer felony wrongful deathDrunk driving is dangerous. That is why it is illegal. Like every other criminal offense, the penalties an individual faces for a DUI charge can change depending on the circumstances surrounding the incident. These are known as aggravating factors, and a DUI resulting in someone’s death is one of the most serious of these factors.

When an alleged act of drunk driving results in a victim’s death, the driver may be charged with a Class 2 felony. This can happen whether the driver has previous DUI charges on his or her record or not. A Class 2 felony is a far steeper charge than a driver would typically face for a first or second DUI offense. If you are facing a Class 2 felony DUI, here are a few of the penalties you are facing:

Years in Prison

You can face jail time for any DUI charge. For a Class 2 felony DUI, you are looking at a minimum of three years in prison if you are convicted. If your actions resulted in two or more deaths, you can face six to 28 years in prison.

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Naperville traffic violation defense lawyers, DUI, civil case, Naperville car accident, drunk drivingSay you are involved in a car accident, and at the scene of the accident you are accused of driving drunk. You may be charged with DUI. You may additionally face a personal injury lawsuit from the other party involved in the accident alleging that you caused the collision by driving drunk.

Then, assume you successfully defend your case in court and the DUI charge is dropped. You are free and clear of everything associated with the crash, right? Not exactly. The DUI was a criminal charge, and the personal injury claim was a civil charge. It is entirely possible for each to have different outcomes, and for you to be found innocent, but not liable for the victim’s damages. Or vice versa.

The Difference Between Civil and Criminal Rulings

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