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Rolling Meadows, IL License Suspension Lawyer

In the state of Illinois, DUI charges are taken very seriously. Prosecutors and law enforcement typically punish offenders to the fullest extent of the law due to the risk drunk drivers pose to the public. According to the National Highway Traffic Safety Administration (NHTSA), there were 10,874 deaths resulting from car crashes involving drivers with a blood-alcohol level of .08 or higher in 2017. This means 29 percent of all fatal traffic accidents were caused by drivers who were under the influence of alcohol. 

Repeat offenders are punished even more harshly, which does not bode well for an Illinois man who is accused of committing his third DUI and his 12th offense of driving with a suspended driver’s license.

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Posted on in DUI

Arlington Heights DUI defense lawyerDrinking and driving can have serious consequences for any driver, but those under the age of 21 have the additional burden of a zero tolerance law. Underage drivers also have slightly different (and more severe) penalties than adults if they are caught driving while intoxicated. The following explains the potential consequences of an underage DUI. It also provides some valuable information on how they might be avoided, should an arrest occur.

What is the Zero Tolerance Law?

For non-commercial drivers over the age of 21, the legal limit of intoxication is a BAC of 0.08 or higher. Drivers under the age of 21 are held to a much higher standard because they are not of legal age to drink. This standard, which is known as the zero tolerance law, states that they can be penalized with a DUI if they have any trace of alcohol in their system. In other words, they cannot surpass a 0.00 BAC.

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Arlington Heights DUI defense lawyerWhen it comes to DUI laws and penalties, each state is different. A recent analysis, which was conducted on all 50 of the United States, found Illinois to have some of the aggressive DUI programs. What does this mean for Illinois drivers who are charged with a DUI? First and foremost, it means that every driver facing a DUI should seek assistance from an experienced and aggressive criminal defense attorney. The following information explains why.

Even First-Time Offenders Face Serious Consequences

While many other states simply assign a fine and possible jail time for those convicted of a first-offense or even second-offense DUI, those charged and convicted of a DUI within the state of Illinois face far more serious penalties, even for their first DUI offense.

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Arlington DUI defense attorneyAnyone who is caught driving with a blood alcohol content (BAC) of 0.8 or higher becomes subject to Illinois’ aggressive DUI program. Further, there are certain factors and considerations that can change that DUI charge to an aggravated DUI, which is considered a felony. If you or someone you love has recently been arrested for drinking and driving, know what these factors are, how they can impact a DUI case, and what can be done to pursue the most favorable outcome possible.

Factors and Considerations in an Aggravated DUI

To determine charges and sentencing in a DUI case, judges look at mitigating and aggravating factors and weigh them against the state’s minimum and maximum sentencing guidelines. When mitigating factors (those that may lessen the impact of a DUI) are present – such as having an otherwise clean driving record or being just over the legal limit – the judge may consider a sentence closer to the minimum guidelines. In contrast, aggravating factors (those that indicate severe recklessness) can negatively impact your case and result in a sentence closer to the maximum penalty under law. In particular, there are certain aggravating factors that can lead to an aggravated DUI, including:

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alcohol laws, new laws, Arlington Heights defense attorneyMore than 200 new laws went into take effect in Illinois on January 1, 2016. A few of them relate specifically to alcohol or driving while under the influence. Know how they are expected to change, and how they may impact your life for the better (or for the worse).

Powdered Alcohol Ban 

Powdered alcohol, otherwise known as Palcohol, has been on the state’s radar since early summer, 2015. Beginning in 2016, the product has been completely banned in the state and is being pulled off the shelves. Capable of being used to spike drinks, it carries a high risk of overdosing and could be used to maliciously spike the drinks of an unsuspecting individual. Five other states (Alaska, Delaware, Louisiana, South Carolina, and Vermont) have already banned the substance.

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