You’ve made the unfortunate mistake of choosing to get behind the wheel after having a few drinks, and now you spy flashing red and blue lights in your rearview mirror. Immediately gripped with terror, you can’t help but panic. However, staying calm and thinking rationally can make the situation much less overwhelming. An Illinois police officer can pull you over if they have reason to believe you are driving under the influence of drugs or alcohol or if you have committed a traffic violation. Once you have been asked for your license, registration, and proof of insurance, the officer will observe whether or not you are, in fact, intoxicated. If the officer’s observations have led him or her to believe you are under the influence, you will be asked to get out of the vehicle and potentially asked to take a field sobriety test. If you have been arrested before taking any sort of test, you do not have the right to refuse taking a sobriety test. Illinois has an “implied consent” law. According to this law, if you are arrested by an officer who has probable cause to believe you have been driving under the influence, you automatically consent to a chemical test of your blood, breath, or urine in order to determine your blood alcohol content (BAC). This test must be administered as closely as possible to when you were last driving a vehicle. If you refuse to take a sobriety test, your driver’s license will consequently be suspended. For a first-time refusal, the suspension will last for one year. If this is your second (or more) refusal, the suspension will likely last for three years. Your suspension will begin 46 days after you receive a notice of suspension. If have been charged with driving under the influence, do not face it alone. Be sure to contact an experienced Illinois DUI defense attorney to assist you in presenting your case.
Tag Archives: Illinois DUI lawyer
The laws and penalties for Illinois DUI arrests vary from year to year. Each year, lawmakers review the current laws and trends, leading to an overwhelming increase in the severity of punishments, fines, counseling, and court costs. Your Illinois DUI Lawyer must be current on these sentencing provisions and make certain that you are sentenced according to the provisions that are most lenient and advantageous to you.
In Illinois, there are new guidelines for 2013 concerning the punishments, fines, counseling, and court costs according to the severity of the DUI charges. The most comprehensive information available comes from the 2013 DUI Fact Book, published in accordance with the Illinois Office of the Secretary of State. This Fact Book, while informative, is no substitute for the Compiled Statutes of the Illinois Vehicle Code (625 ILCS 5/Ch. 11, Article V., Driving While Intoxicated, Transporting Alcoholic Liquor, and Reckless Driving), which provide the text of the laws regarding driving under the influence that are currently in effect in Illinois.