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Posted on in DUI

DUI conviction, costs, Illinois DUI defense lawyerThe cost of a drunk driving conviction can easily run into the tens of thousands of dollars. The obvious expenses usually include attorneys' fees and fines, but there are numerous other costs that people do not usually consider until they find themselves with empty pockets as a result of their conviction.

Upfront Expenses

Financial obligations often start immediately after being taken into custody. In the majority of cases, law enforcement impounds the accused driver’s vehicle and it is towed to a municipal garage. The accused driver or owner of the vehicle is responsible for any and all towing and storage fees. Then there is the cost of bail or bond in order to be released from police custody.

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Posted on in DUI

ALR hearing, Arlington Heights DUI defense lawyer, drunk driving, DUI arrest, license revocation hearingA DUI in Illinois is actually two separate proceedings: the criminal prosecution and the Administrative License Revocation action to suspend a drivers’ license. A surprising number of people do not even request an ALR hearing. But, whether you win or lose, the experienced DUI defense lawyers in DuPage County can use the ALR hearing to your advantage.

Background

If you are arrested for DUI, the state will initiate suspension proceedings. Your license can be suspended for up to one year if you fail a chemical test, and up to three years if you refuse to submit to a breath or blood test. But before the state can take action, you have a right to a hearing. Typically you only have 15 days to exercise this right, so you have to act fast.

Process

The ALR hearing officer is not a judge, and may not even be a lawyer. The hearing officer serves as both prosecutor and jury. Since it is technically not a criminal process, the criminal rules of procedure do not apply. Most significantly, and this happens rather frequently, you may be called to testify against yourself.

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Arlington Heights criminal defense lawyer, Arlington Heights DUI defense lawyer, Chicago DUI, Chicago DUI attorney, combat irresponsible drinking, driving under the influence, DUI lawyer, Illinois criminal defense lawyer, Illinois DUI Lawyer, irresponsible drinking, Naperville regulations, underage drinkingNaperville City Councilmen recently voted to forbid neighborhood bars from offering major beer discounts as a response to an alleged drunk driving crash and a downtown street fight video gone viral. These regulations were proposed in an effort to combat irresponsible drinking that can result in serious drunk driving accidents and anger problems among patrons. According to the Chicago Tribune, the new regulations will also require bar security guards to undergo additional training to work with intoxicated patrons and to help prevent similar issues in the future.

While skeptics of the proposed law anticipated that the public would not allow the Naperville council to pass such restrictive regulations, there has been no public outcry. The new rules specifically forbid bars from reducing the price of a drink more than 50 percent. The public—primarily bar owners and managers—have, however, "taken issue with proposals to limit maximum beer sizes to 20 ounces … and barring patrons from entering a bar an hour before closing."

Most drunk driving accidents occur when a bar patron leaves intoxicated and drives home. Illinois has dram shop laws that forbid a bar from serving an intoxicated person, but these are rarely enforced. According to the National Council of State Legislatures, however, any person who is injured by a drunk driver who was served while visibly intoxicated has a "right of action" against the drunk driver. The trick is to be able to present the correct evidence to prove this in court.

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Arlington Heights DUI defense lawyer, dram shop, dram shop laws, drunk driving, DUI arrest, liable damages, rideshare driversThe blame for accidents caused by drunk driving is nearly always assigned to the driver. Adults are expected to know their limits when drinking and should have enough personal responsibility to not get behind the wheel of a car. And according to the 2014 Illinois DUI Fact Book, these limits include no more than three drinks an hour for an adult male. The limit is closer to two drinks an hour for an average woman.

Stricter penalties for drunk driving, as well as a greater national awareness of the issue, could be one reason for the spike in popularity of citywide rideshare businesses, such as Uber, Lyft, and Sidecar. All operate in the Chicago area. However, in April 2014, the Illinois House passed a new law which will require all rideshare drivers to apply for a chauffeur license, commercial insurance, and prohibits them from soliciting rides at designated taxi stands.

A decrease in the availability and ease of rideshare programs in Chicago could lead to a spike in DUI arrests—and not just for the driver. Dram shop laws were first introduced in 1934, as noted in a publication of the Illinois Circuit Court, and make establishments that sell liquor liable for the actions of a drunk patron if he was served while he was knowingly intoxicated.

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The holiday season is a great time to spend with family and friends at parties, dinners, and other festive events. For some, the celebrations also include the imbibing of drinks--beer, wine, hot toddies, and more. Of course, this presents the risk that, when it is time to go home, one may get behind the wheel while under the influence. This is never a smart move, often leading to serious accidents, DUI charges, or both.

Holiday DUIThe prevalence of drinking and driving around certain holidays is well-known. It usually results in law enforcement officers stepping up their enforcement efforts around these times. In fact, some are even proposing changes the laws related to DUIs around certain high-risk holidays in order to further deter drunk driving.

Holiday DUIs

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