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Arlington Heights, IL criminal defense attorney DUI

It is very scary to see the lights of a police car and hear the siren any time you are on the road. When the officer approaches your window and starts asking questions, it is natural to be nervous. Law enforcement officers are often overzealous when they are trying to make an arrest, and they may say you are legally obligated to perform certain tasks. One of these might be submitting to a breathalyzer test. So, can you refuse the breathalyzer test? You can, but there are consequences you may face. Regardless of the choice that you make at the stop, an experienced DUI lawyer can help with your case.

Implied Consent Laws in the State

The law in Illinois states that all motorists have given implied consent to blood alcohol content (BAC) testing every time they get behind the wheel. However, this law only applies when you have been arrested for a DUI. This means that until the officer arrests you on suspicion of a DUI, you are under no obligation to submit to a breathalyzer test. Regardless of what the police officer says, they cannot force you to take the test unless you have been arrested. Even then, no one can physically force you to take the test, but there are consequences if you refuse.

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Rolling Meadows, IL criminal defense attorney DUI

For many people, 2020 has been a stressful, never-ending nightmare of a year. One of the most significant and deadliest viruses in modern history, COVID-19, spread like wildfire and continues to rage on in certain parts of the world. Thankfully, there is a light at the end of the 2020 tunnel with a vaccine starting to be administered. Many people use the holiday as an evening to celebrate the going of the past year and to welcome the near year in, but your new year could get off to a troubled start if you do not celebrate your New Year’s responsibly and decide to drink and drive.

According to the National Safety Council (NSC), the New Year holiday is typically a heavy drinking period, involving increased instances of DUIs and traffic fatalities. In 2018, 39 percent of all traffic fatalities that occurred during the New Year holiday season involved alcohol-impaired driving, compared to 29 percent of all traffic fatalities throughout the year. Illinois DUI charges come with serious consequences, so avoiding a DUI conviction is always the priority. An Illinois DUI defense attorney can help you understand your charges if you have been arrested for DUI in Illinois.

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Rolling Meadows, IL DUI defense attorney

One of the most common crimes committed on the roads of Illinois is driving while under the influence (DUI). According to data from the Illinois Secretary of State, there were more than 26,200 drivers arrested for DUI across the state of Illinois in 2019. Being charged with driving while you are impaired can result in serious penalties, such as jail time, driver’s license revocation, and fines. However, certain circumstances can dictate how severe your penalties are, including what your BAC level is. In Illinois, a higher BAC could also mean a more serious sentence. Hiring an Illinois DUI defense lawyer is strongly advised if you are facing any kind of DUI charge.

Illinois DUI Charges and Your BAC

Before you are even arrested, the officer who pulled you over will likely begin to evaluate you to determine if you are intoxicated or impaired in any way. You may be asked to submit to field sobriety tests, which may consist of a walk-and-turn test, one-leg-stand test, or possibly even a preliminary field breathalyzer test. A breathalyzer is an important tool in determining whether or not a person is impaired because it can inform the officer of the driver’s blood alcohol content (BAC).

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Rolling Meadows, IL criminal defense attorney aggravated DUI

One of the things that police patrols are constantly doing is looking for signs of impaired drivers on the roads. Impaired and drunk driving are responsible for many traffic accidents and deaths each year in the United States. According to the latest data available from the National Highway Traffic Safety Administration (NHTSA), there were more than 10,500 deaths from drunk driving accidents in this country in 2018 alone. Any type of DUI charge is serious, but charges are increased when a DUI incident results in the injury or death of another person. In these cases, the impact a DUI conviction could have on your life could be severe, so it is important to understand the consequences you may face in Illinois.

DUI Resulting in Injury

If you are charged with a DUI and that incident resulted in the bodily harm, injury or death of another person, it is likely that you will be charged with a felony DUI. In Illinois, all felony DUIs are referred to as aggravated DUIs. If you were charged with a DUI and you caused an accident that resulted in great bodily harm, permanent disability, or disfigurement to another person, you will be charged with a Class 4 felony. This means that you could face between one and four years in prison, up to $25,000 in fines, and a minimum two-year driver’s license revocation.

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Rolling Meadows, IL criminal defense attorney BUI

Summer is a beautiful time in northern Illinois. Temperatures rise and allow everyone to spend time outdoors after a long and cold winter. With one of the country’s Great Lakes next door and a sprinkling of smaller lakes and rivers throughout the state, boating and other watersports are a favorite summer pastime for many Illinoisians. Spending time with family and friends often includes alcohol, which can make for a fun time, but it can also cause issues if you are not responsible. In Illinois, operating a boat and operating a car are two very comparable things from a legal standpoint. Many people do not realize that there are laws in Illinois that make it illegal for you to operate a boat or other watercraft while you are under the influence of drugs or alcohol. If you are charged with boating under the influence (BUI), the penalties can be harsh.  Therefore, it is important that you are aware of them so you do not unintentionally break them.

BUI Laws Do Not Apply Only to Alcohol

Just like driving under the influence (DUI), there are multiple ways you could be charged with a BUI. The Illinois Boat Registration and Safety Act states that a person is guilty of BUI if he or she is in control of the watercraft and:

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