Blog
Subscribe to this list via RSS Blog posts tagged in DUI lawyer

Posted on in DUI

b2ap3_thumbnail_shutterstock_540796327.jpgWith greater availability of legalized medical marijuana and increased abuse of opioids and other illegal substances, law enforcement encounters with impaired drivers have taken on a new dynamic. In an attempt to better identified those driving vehicles while under the influence and make Illinois roadways safer, police are employing a new type of roadside sobriety test.

Swabbing Starts This Month

The tell-tale sign of alcohol on the breath or slurred speech was usually enough for police to reasonably suspect a driver was impaired. However, determining whether or not a driver is high on drugs presents new challenges, ones for which a newly employed roadside test is expected to help overcome. One west suburban Illinois police department is beginning to use a test that reveals the chemicals in a person’s system 

...

Arlington Heights, Arlington Heights criminal defense lawyer, Arlington Heights drunk driving lawyer, drinking and driving, DUI, DUI arrest, DUI attorney, DUI charges, DUI lawyer, Illinois criminal defense lawyer, illinois dui attorney, refusing a chemical testReports indicate that approximately one-quarter of people pulled over in the U.S. refuse a breathalyzer test if asked. This can have serious consequences, even if you have not been drinking. Illinois driving laws include a clause that allows for a person’s license to be revoked purely on his or her refusal to submit to chemical testing when pulled over. In fact, a person can have his or her license suspended for a full year for refusing a breathalyzer test in Illinois. This is six months longer than if a person submits to a breathalyzer test and is found to have a blood alcohol content above the legal limit.

Recently, a Chicago guitarist was arrested for a drunk driving incident in which he allegedly struck and killed a pedestrian, and had a blood alcohol content that was twice the legal limit. However, when initially questioned, he refused to take a field sobriety test. He finally submitted to a breathalyzer nearly seven hours after the incident while he was in holding.

There are three types of chemical testing to determine sobriety employed by the state of Illinois—breath, urine and blood. According to DrivingUniversity.com, this is because in Illinois a statute of "implied consent" applies. By getting into your car and starting the ignition after you have been drinking, you automatically consent to a chemical test for alcohol in the event that you are asked. This is known as a "No Refusal" law. According to WGEM.com, there are currently nine states, Illinois included, that have No Refusal laws in place.

...

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.

...

Arlington Heights Criminal Lawyer, attorney, Chicago DUI, DUI lawyer, felony DUI, Illinois criminal defense lawyer, Illinois dui, illinois dui attorney, Illinois DUI Lawyer, underage drinkersIllinois has some of the toughest drinking and driving laws in the country, including a zero-tolerance policy for underage drinkers and felony charges for repeat offenders. Despite this, the problem of driving under the influence in Illinois continues to be a serious one.

According to the 2014 CyberDrive Illinois DUI Factbook, in 2012 there were more than 37,000 DUI arrests recorded by the Secretary of State’s Office. More than 300 people were fatally injured in an alcohol-related crash, accounting for 35 percent of all accident fatalities statewide in the same time period.

The penalties for drinking and driving are worse if the responsible person has an underage person in the car at the time of arrest. If the child is under 16, these penalties are even more harsh. A regular first conviction of DUI, for example, is a Class A misdemeanor, which results in the revocation of driving privileges and registration suspension. If a person is pulled over for DUI with a child under the age of 16—even if it is his or her first offense—the offender is additionally sentenced to a mandatory fine of $1,000 and 25 days of "community service in a program benefiting children," as noted in the Illinois DUI Factbook. Penalties are very strict if the child was injured while the driver was intoxicated. Any crash that resulted in bodily harm to a child under the age of 16 is automatically classified as a Class 4 Felony and carries an aggravated DUI charge.

...

Arlington Heights criminal defense attorney, Arlington Heights DUI attorney, DUI charge, DUI laws, DUI lawyer, felony DUI, illinois dui attorney, underage drinking, underage DUI, zero toleranceIn the past decade, states have continued to increase coordinated efforts to stop or slow the rate of drunk driving accidents. According to the Illinois State Police, there are several levels of DUI charges and convictions in Illinois, though the state does have a zero-tolerance for underage drinking. This means that if a person is under the age of 21 and caught driving under the influence, he will be charged no matter what his blood alcohol level content was at the time of arrest (even if it was under the legal limit).

If an underage person is charged under the zero tolerance law in Illinois, his license will be revoked for three months if it is the first violation, or six months if he refused the blood alcohol test. If it is his second violation, his license will be revoked for up to one year, or two years if he refused the test. Neither stays on his permanent record. Yet an underage person in Illinois can also be charged under regular DUI laws. If an underage driver is arrested for DUI and his blood alcohol content is .08 or greater, he can receive a DUI conviction that stays on his permanent driving record.

Zero tolerance laws have been in effect in Illinois since 1995. While underage drivers only account for 10 percent of all licensed drivers in the U.S., according to the Illinois State Police, they "are involved in 17 percent of alcohol-related fatal crashes." Additionally, car crashes are one of the most leading causes of death for teenagers in the U.S. Every day, six people, ages 15–20, die in a motor vehicle accident.

...

CALL US TODAY AT 847-253-3400 FOR A FREE INITIAL CONSULTATION