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Illinois DUI defense lawyerWhile it is far better to fight a DUI before conviction, not everyone is aware that they can and should do so. Thankfully, some individuals may still be eligible to drive with the installation of a breath alcohol ignition interlock device (BAIID). Learn more about driving with the BAIID (and what it entails) with help from the following information. 

About the BAIID Driving Option

Upon conviction of a DUI, the license of a driver is suspended. The individual then has two choices: refrain from driving until the suspension has expired or obtain a Monitoring Device Driving Permit (MDDP) to become eligible for the BAIID driving option. Continuing to drive and not adhering to either of these options can result in additional criminal charges (a Class 4 felony). This applies, even if the individual is not intoxicated at the time they are caught driving.

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Posted on in Criminal Law

new laws, 2016, Arlington Heights criminal defense attorneyThe ushering in of the new year not only represents new beginnings for many people, but also brings with it a flurry of legislation changes for Illinois citizens. In the majority of the circumstances, ignorance of the law is not a valid defense, so with that in mind, we want to make sure you are aware of what changes these new Illinois laws bring.

Powdered Caffeine and Powdered Alcohol

Illinois lawmakers addressed both powdered caffeine and powdered alcohol this past year, enacting laws for both. The state has banned the sale of powdered caffeine to anyone under the age of 18. This new law was prompted by the death of an Ohio teen who overdosed on the product.

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iid, DUI, illinois dui defense attorneyCiting statistics from a study conducted by researchers at the University of Michigan, a federal lawmaker has announced that she will be introducing legislation that will require all new cars manufactured by American companies to come equipped with ignition interlock technology in order to stop drunk drivers from getting behind the wheel of a vehicle.

Ignition interlock devices (IID) measure a person’s blood alcohol content (BAC) the same way a breathalyzer does. When the device is installed on a vehicle, it requires a driver to provide the device with a breath sample in order for the vehicle to start. If the driver’s BAC is over a pre-programmed limit, the vehicle will not start. Many states, including Illinois, use these devices as criteria for reinstating the driving privileges of a person who has been convicted of driving under the influence.

The bill is being introduced by U.S. Representative Kathleen Rice (D-NY), a former District Attorney of Nassau County, NY. Representative Rice has been nationally recognized for the hard stance she has taken against drunk driving. In her press release announcing the proposed law, Rice discussed the University of Michigan study as indication that IIDs work toward preventing drunk driving, thus saving lives.

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BAIID IMAGEThe National Highway Traffic Safety Administration (NHTSA) and Mothers Against Drunk Driving (MADD) have joined forces to push for the requirement of first time drunk driving offenders to use ignition interlocks that would stop the offenders from being able to start the vehicle if they had been drinking. Both organizations are urging all states to adopt that requirement.

Currently, twenty states and four counties in California have adopted the requirement of ignition interlocks for drivers who have been convicted of driving under the influence. In Illinois, an ignition interlock is only required for drivers who have requested permission for a restricted license, while still under suspension. It is also required for individuals who have multiple DUI convictions.

When an ignition interlock has been installed in a car, a driver has to blow into the device in order to give a breath sample. If the device reads a blood alcohol content of .05 or higher, the vehicle will not start. If the reading is negative for alcohol, the vehicle will start up. While the vehicle is in operation, the driver is required to provide random readings to ensure the driver’s blood alcohol level is still negative.

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Posted on in DUI

illinois dui lawyerReceiving a DUI conviction in Illinois can wreak havoc on your personal finances. According to CyberDrive Illinois, drivers who are convicted of driving under the influence can expect to pay more than $16,000 on average, with additional costs possible if an accident occurs and people are injured, or if a jury trial is required.

When you are arrested on a DUI charge, your vehicle will be towed and stored at a law enforcement facility. This can cost drivers as much as $250. Furthermore, drivers who are convicted can be charged a fine of up to $2,500, court costs of up to $750, and a required contribution to the trauma center fund of $100. That’s up to $3,600 in court costs alone, not including legal fees. An uncontested plea in court and a hardship driving permit will cost drivers an additional $2,000. Drivers who are required to have a BAIID device installed will pay another $100 for installation and $120 per month in rental and monitoring charges.

Drivers convicted of DUI in a case involving an accident face some significant additional charges. Compensatory damages to crash survivors can total up to $10,000, and drivers may also be required to pay up to $100,000 in medical treatment to injured parties or surviving family members in fatal crashes. Not only that, but these cases often involve a jury trial or civil proceeding, which can add another $5,000 in costs.

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