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Arlington Heights, IL DUI defense attorney

Across the country, arrests for driving under the influence (DUI) of drugs or alcohol are being taken more and more seriously because of the dangers that drinking and driving poses to everyone on the road. In Illinois, DUI laws are relatively strict, and an arrest can result in serious consequences, even if you are ultimately not convicted. It can be an intimidating experience if you are arrested for driving under the influence. Many people do not know what to expect after they are arrested and resort to gathering and trusting the information they find on the Internet. While some of this advice may be correct, you should talk with a skilled Illinois DUI defense lawyer to make sure you have all the facts.

Expect a License Suspension

There are two sides to almost every DUI arrest, even if it is your first offense: the criminal side and the administrative side. This means you face both criminal charges and administrative penalties for driving while under the influence of drugs or alcohol. An arrest will not automatically result in criminal penalties for DUI. For that, you will have to go through the legal process. You will, however, face administrative penalties for being arrested in most situations.

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Posted on in DUI

Arlington Heights DUI defense lawyerAlthough a driving under the influence (DUI) conviction does carry its own set of consequences, they often pale in comparison to what can happen if you fail to comply or do not appear for court when summoned. This is a difficult lesson that one Illinois man is currently facing. Learn more about the risks of a DUI charge, and how you can mitigate them, with help from the following.

Failure to Appear in Court Escalates Misdemeanor to Felony

When the Illinois man allegedly crashed his vehicle on Interstate 74, killing a local woman, the Illinois State Police decided not to arrest him. Instead, they sent him a misdemeanor DUI ticket and a notice to appear in court. He reportedly failed to appear, so the judge repealed his ticket and, instead, filed charges for a felony aggravated DUI and a warrant for his arrest. Once he is brought into custody, he will face a bond of $100,000. He will also have to face the risk of heightened consequences if he is convicted of his charges.

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DUI charges, Arlington Heights criminal defense attorneyIn a criminal DUI case, there may be ways to have the case dismissed or, at the very least, decrease any resulting consequences. One woman in New York had a rather unique case; because of a medical condition known as “auto-brewery syndrome,” her charges were dismissed. The final verdict may lead many other cases like it, but there are a few things you should know before attempting to use this defense yourself.

What is Auto-Brewery Syndrome?

Auto-brewery syndrome is a rare medical condition caused by abnormal amounts of gastrointestinal yeast. That yeast is capable of converting food carbohydrates from food into ethanol. As a result, blood alcohol levels could test high, even if the person has not consumed any alcohol recently. This was not quite the case for the woman in New York, but evidence suggests that, despite having drinks earlier in the day, her blood alcohol levels should have been lower than they were at the time of testing.

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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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Posted on in DUI

/drunk-driving-duiA New York jury recently found Kerry Kennedy not guilty of driving while impaired. Kennedy is the ex-wife of New York Governor Andrew Cuomo and the daughter of the late Senator Robert F. Kennedy.

 In July, 2012, Kennedy was driving a Lexus SUV on Westchester County Interstate 684 during morning rush hour traffic when hit a tractor-trailer. She had reportedly been swerving and weaving her vehicle for about five miles before the crash occurred. After hitting the truck, Kennedy kept driving and was later found off the next exit, her car had stalled and she was passed out. After her arrest, Kennedy was found to have the drug zolpidem in her system. Zolpidem is a sleep aid and is sold under the trade name of Ambien. According to testimony Kennedy gave at her trial, the morning of the incident, she was rushing to leave the house and accidently grabbed and ingested the wrong medication. The bottle of zolpidem was sitting next to the medication that Kennedy takes every morning for a thyroid condition. Both bottles were similar in size and color. Kennedy also testified that her memory of that morning ends shortly before she drove onto the highway. There have been multiple studies that have concluded that one of the effects of the drug is amnesia. The drug can also affect a person’s judgment without them being aware of it. Although she has been taking zolpidem for ten years, Kennedy told the jury that she was unaware of what effect it has on her since she has only taken it right before she goes to sleep at night. Prosecutors claimed that Kennedy was not only aware she took the drug, but that she continued to drive even as it began to impair her ability to do so. The jury disagreed, taking only one hour and ten minutes to find Kennedy not guilty of DUI. If you have been arrested for driving under the influence, contact a knowledgeable Arlington Heights criminal defense attorney to make sure you have experienced representation against the prosecution.

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