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IL DUI lawyerBeing charged with a DUI in Illinois comes with various consequences. A DUI is a criminal charge that can carry serious jail time, a driver’s license revocation or suspension, and extensive fines. After a DUI arrest, one of the first things that must happen before anything else can happen is a drug and alcohol evaluation. This evaluation is intended to determine whether or not a person has a drug and/or alcohol dependency issue and must be completed before sentencing can occur or before you can be granted driving relief during your period of suspension or revocation. If you have been arrested or charged with DUI, you should speak to an Illinois DUI defense attorney.

Evaluation Results and Additional Requirements

The evaluation will include a history of the person’s relationship with drugs/alcohol, their driving record, and a corroboration of the information from a family member or spouse. All of this information will be used to determine whether or not the person’s drug and/or alcohol abuse is a current and/or future risk to the safety of others. The information will also be used to classify the person’s relationship with drugs and/or alcohol and determine what further requirements must be met.

  • Minimal risk: Those who are found to only be a minimal risk to society are required to complete at least 10 hours of DUI risk education.
  • Moderate risk: If a person is found to be at moderate risk, they must also complete DUI risk education, but in addition, they must complete at least 12 hours of an early intervention program and successfully complete a substance abuse program at the recommendation of a licensed evaluator.
  • Significant risk: If a person is found to be at significant risk, they will be required to complete DUI risk education, in addition to at least 20 hours of substance abuse treatment and adherence to the treatment plan.
  • High risk: Anyone who is found to be high risk will have to attend at least 75 hours of substance abuse treatment and continued participation in the program after discharge. They may also have to provide proof of abstinence from drugs and/or alcohol.

Contact an Arlington Heights, IL DUI Defense Attorney

Getting charged with DUI can be a scary experience. If you have been accused of DUI, you should speak with a skilled Rolling Meadows, IL DUI defense attorney. Scott F. Anderson, Attorney at Law is here to help you through any criminal case you may be facing, including DUI charges. To schedule a free consultation, call our office today at 847-253-3400.

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IL defense lawyerDespite the rights given to us in the Constitution, not all individuals are treated equally when it comes to the criminal justice system. The criminal justice system was created with the intention that everyone would be treated as equals to give everyone a fair chance at life and liberty. Unfortunately, that is not always the reality. In many cases, smaller minority groups and even juveniles involved in the criminal justice system are unfairly treated. Fortunately, steps are being taken each day to help combat some of the injustices that currently exist. In recent weeks, the state of Illinois has become the first state to prohibit police officers from using deception or lying when interrogating a juvenile suspect.

Changes in the Law

When police are investigating a crime, one of the many tools that they use to do it is interrogations. In recent weeks, interrogations have been in the media, specifically, the ability of questioning officers to mislead juvenile suspects. Now, law enforcement officials in the state of Illinois are prohibited from using deceptive tactics when interrogating young suspects. Police often use deceptive practices, such as lying, conveying fabricated information, and falsely promising leniency for confessing against juveniles. However, under the new law, any evidence obtained through these means will not be admissible in court.

Deception and False Confessions

The criminal justice system has long recognized a need for differentiation between adult and juvenile offenders. The first juvenile court in the country was created in Cook County in 1899. Since then, nearly every jurisdiction in the country has some form of a juvenile justice system. According to the Innocence Project, juveniles are especially vulnerable to false confessions and are actually between two and three times more likely to give a false confession than an adult. In around 30 percent of cases involving wrongful convictions overturned by DNA evidence, deceptive interrogation practices were a contributing factor.

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IL DUI defense lawyerWhen you are accused of driving under the influence (DUI), there are various ways the charge could affect your life. One of the most significant ways a DUI charge can affect you is by limiting your ability to legally drive. When you are arrested for suspicion of DUI, your driver’s license can be suspended simply for failing a chemical test to determine your blood alcohol content (BAC). If you refuse to submit to a chemical test, penalties can become more severe and the license suspension can become even longer. In addition, any person who is convicted of DUI faces even more time on their license suspension, with the possibility of it being revoked. Not being able to drive or get you or your family from place to place can put a lot of strain on your daily life. Fortunately, there are things you can do to get your driving privileges back after a DUI arrest and/or conviction.

Driving Permits During Suspension

As previously mentioned, if you are arrested for failing or refusing to take a chemical test to determine BAC, you face an administrative driver’s license suspension. For failing a chemical test, the suspension is only six months, however, if you refuse to take the test, the suspension lasts for up to one year. In addition, you can also request a driving permit under some circumstances during the suspension period.

Two driving permits are available for those who have lost their license because of DUI-related reasons: a monitoring device driving permit (MDDP) or a restricted driving permit (RDP). The type of permit you can receive depends on the circumstances surrounding your case. Typically, a first-time DUI offender can apply to receive an MDDP, while other offenders will have to apply for an RDP. Either way, both permits require the installation of a breath-alcohol ignition interlock device (BAIID) on any vehicle you drive while you have the permit.

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IL defense lawyerRelations between law enforcement and the country’s citizens have been rocky because of various and multiple events that have been portrayed in the media. In many cases, police have overstepped the boundaries in place that protect a person’s constitutional rights. One common right that is often violated during traffic stops is the right against unreasonable searches and seizures. In most cases, a police officer must have a warrant to search your vehicle, just as if they were intending to search your home. However, there are certain exceptions that would allow officers to legally search your vehicle without a warrant and obtain evidence that may result in a criminal charge.

You Consent to the Search

The easiest way officers can legally search your vehicle without a warrant is simply by gaining your permission to search your vehicle. In most cases, the officer will ask you if he or she can search your vehicle before they resort to telling you that they are going to search it. You do not have to consent to a warrantless search. However, if you do not consent to a vehicle search, the officers will likely still proceed with the search under one of these other two circumstances.

The Evidence Was in Plain View

Officers have the right to search your vehicle if they see something that is considered to be in “plain view.” This means that whatever the officer sees must be able to be viewed from a place that the officer has a right to be and the incriminating nature of the item must be apparent.

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IL defense lawyerGoing through the criminal process can be a life-changing experience. Not only do you face penalties for whatever conviction you received, but you also face lasting effects when you begin to reintroduce yourself into society. Many people who have been convicted of a crime have difficulty finding employment or even a place to live. Fortunately, Illinois allows certain offenses to be sealed or expunged from a person’s record under certain circumstances, preventing the general public from viewing these documents. There are differences to the expungement and sealing process, so you should be aware of those before you decide which process to proceed with.

Record Expungement

For your criminal record to be eligible for expungement, there are certain requirements that it must meet. In Illinois, arrests for any felony or misdemeanor charge can be expunged if those arrests did not lead to a conviction. If you were convicted of a felony or misdemeanor, that record can only be expunged if your conviction was reversed or vacated, or you were pardoned by the governor of the state. You may also be able to have sentences of court supervision expunged from your record, as long as it has been at least two years since the completion of the sentence. If the sentence of court supervision was imposed for domestic battery, criminal sexual abuse, operating an uninsured vehicle, operating a vehicle with a revoked registration, or displaying a false insurance card, it must be at least five years after the sentence is completed to expunge the record.

Sealing Your Record

If your record is not eligible for expungement, it may be eligible to be sealed, which can still help. Arrests for misdemeanor and felony convictions can be sealed at any time. Most convictions for most felonies and misdemeanor crimes are eligible to be sealed if at least three years have passed since the sentence was completed. It is important to note that not all convictions can be sealed. For example, you cannot seal a conviction for DUI, reckless driving, domestic battery, violating an order of protection, or any sexual offense.

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