Tag Archives: DUI charges

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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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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Naperville DUI defense lawyer, metabolize alcohol, DUI charges, DUI conviction, alcohol metabolism rateWhen you are accused of driving with a blood alcohol concentration (BAC) above the legal limit of 0.08 percent — or 0.04 if you are driving a commercial vehicle as part of your job, or 0.00 percent if you are younger than 21 — you can be charged with driving under the influence of alcohol, or DUI.

DUI is a serious charge. A DUI conviction can result in steep fines, jail time, and a driver’s license suspension, among other penalties. Although you can fight a DUI charge just like you can fight any other criminal charge, it is much easier to avoid being charged in the first place than it is to fight a DUI. Understanding how your body metabolizes alcohol and how your BAC rises as you drink can help you avoid a DUI.

BAC Reduces by About .015 Percent Per Hour

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