Tag Archives: DUI arrest

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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Illinois DUI attorney

Just like an alcohol DUI, it is against the law in Illinois to be under the influence of any drug while operating a motor vehicle. In Illinois, a person convicted of drugged driving can face serious consequences. 

What is Drugged Driving?

If a person is pulled over or is involved in an accident, and it is discovered they are impaired by a prescription or illegal narcotic through field sobriety, breath, or blood test, it is considered a DUI. This includes legal medical marijuana cardholders who display signs of impairment or who fail a blood test.

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Naperville DUI Lawyers

With a DUI, most people immediately think of drivers who are under the influence of alcohol. While alcohol is the most commonly used intoxicant, it is not the only substance that it is illegal to be under the influence of while operating a motor vehicle. According to Illinois law, it is unlawful for any driver to be under the influence of drugs, alcohol, or a combination of both while operating a motor vehicle. With medical marijuana legal in Illinois and recreational legalization perhaps on the horizon, driving under the influence of marijuana charges are increasingly common.

Marijuana and Illinois DUI Laws

In 2014, medical marijuana became legal for Illinois residents, as long as they have a valid prescription and I.D. card issued by the Illinois Department of Public Health. Cardholders are permitted to have up to 2.5 ounces of marijuana in the car with them, as long as it is kept in a secure and sealed container. Cardholders are not permitted to be under the influence of marijuana while driving, even if it is medically prescribed.

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St. Charles DUI Lawyer

In the state of Illinois, a DUI arrest is enough for the Secretary of State’s office to automatically suspend your driver’s license. If you fail a blood-alcohol chemical test, your license can be suspended for at least six months. If you refuse to take a blood-alcohol concentration test, your license may be suspended for at least one year. This suspension is called a statutory summary suspension and is separate from any suspensions or revocations that may result from a criminal trial.

Losing your driving privileges can be difficult, especially when you rely on your driver’s license to get to and from work or school, or to simply complete everyday tasks. Thankfully, Illinois has a few options for people who have had their driver’s license suspended or revoked. Both types of driving permits require the use and installation of a breath-alcohol ignition interlock device or BAIID.

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Illinois DUI Lawyer

Most of the time in Illinois, a DUI is charged as a misdemeanor. If you are a first-time DUI offender and you are convicted, it is a Class A misdemeanor, which carries a maximum sentence of one year in prison and up to $2,500 in fines. Depending on your specific situation, a misdemeanor DUI charge could bump to a felony charge, which carries harsher penalties. Any DUI that is classified as a felony is called an aggravated DUI and can range from a Class 4 felony to a Class X felony.

Class 4 Felonies

While these are the lowest felony offenses, they are still serious charges. If you are convicted of a Class 4 felony, you can face one to three years in prison. Examples of Class 4 felonies as they pertain to DUI include:

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