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Recent Blog Posts
Can I Still Get a DUI if I Refused Testing?
Breath tests like breathalyzers are used by law enforcement to estimate a driver’s blood alcohol content. Refusing to submit to field sobriety or chemical testing when you are suspected of driving under the influence of alcohol (DUI) carries administrative consequences, including a one-year license suspension. Some people would be willing to lose their license for a year if it means getting out of a DUI. Unfortunately, however, you can still be charged with - and convicted of - DUI without ever going through any formal testing. Other forms of evidence can still be used to prove that you were intoxicated. If you have been accused of a DUI, you will need a strong legal defense even if you never submitted to testing.
If I Refuse Testing, What Evidence Can Be Used Against Me?
There are many ways for the police - and later the prosecution - to prove that a person was intoxicated. Formal tests are helpful but not necessary for a DUI charge. You can probably tell when a person you are talking to or even observing is inebriated without asking them to close their eyes and touch their nose or drawing their blood. Police officers are trained to look for other signs of drug or alcohol intoxication during the stop that can later be used to prove impairment, including:
How to Handle a False Accusation
Being falsely accused of a criminal offense is horrifying. You have done your best to lead a law-abiding life, but for some reason, that is not enough, and you are now under suspicion anyway. There are a number of reasons you may have been accused of something you did not do, ranging from mistaken identity to a malicious lie. False accusations of domestic violence and similar crimes are strikingly common, especially when a couple goes through a rough divorce or break-up. Immediately contacting a criminal defense attorney as soon as you learn that you are under suspicion may give you the best chance of proving your innocence.
What Can I Do If I Am Wrongly Accused of a Crime?
The exact steps you should take will depend on how far along in the criminal process you are. If you are merely a suspect and have not been arrested or charged, refusing to talk and asking for a lawyer is probably the right thing to do. If you are already facing charges or have been indicted, the time to contact an attorney is yesterday. Here are some other tips that may help:
Could I Beat a DUI Charge After Failing a Breathalyzer?
You complied with a breathalyzer test after being pulled over, and it showed that you were over .08. Now you are facing DUI charges and it feels as if you have no hope of avoiding a conviction. This situation may feel insurmountable, but it is not. Even if you failed a breathalyzer, there are still ways an experienced attorney can defend you. Successfully challenging the results of a breath test is not only possible, it is one of the most common DUI defense strategies. Like other medical testing equipment, breathalyzers are sensitive devices that must be used correctly to produce accurate results. If you are facing a potential DUI conviction, securing strong legal representation should be your top priority.
How Can Breathalyzer Results be Challenged?
Breathalyzer results are not infallible, although prosecutors sometimes act as if they are. These devices must be maintained, used, and calibrated correctly according to the manufacturer’s instructions to produce accurate and reliable results. If the police department you were arrested by failed to do so, there is a strong possibility that your breath test results will be inadmissible. Common defects in breath test maintenance and procedures include:
Can My Illinois Conviction Be Expunged?
Having any criminal record at all can have a serious impact on your life. Even if your conviction was relatively minor and happened a long time ago, you may feel as if it is still following you. Every time you apply for a job, or a lease, or a school, you may have to answer uncomfortable questions or face outright rejection. You served your sentence and have stayed out of trouble sense - but it probably feels like you are still being punished. Fortunately, Illinois courts may allow what is called “expungement,” meaning they essentially erase the charge from your public record. If you are interested in getting your life back through expungement, you will want to speak to an experienced attorney who can help determine if you are eligible.
Is My Conviction Eligible for Expungement?
Not every conviction can be expunged. The goal of expungement is to allow non-dangerous offenders who made a one-time mistake a second chance at a clean slate. Because courts must balance the goals of protecting the public by keeping records of individuals who may be dangerous open and helping minor offenders avoid lifelong punishment, only certain types of charges can be dismissed. Expungement may be an option in the following cases:
What Happens if I Get Another DUI in Illinois?
Make no mistake - even a first DUI is serious business in Illinois. But a second, third, or subsequent DUI is even more so. On a first DUI, some defendants are able to take a plea deal and complete a period of court supervision to avoid a finding of guilt and harsh criminal penalties. This is no longer an option after the first DUI - this time, you would be facing a conviction, a criminal record, and potentially harsh penalties. If you have been charged with a DUI, and it is not the first time, it is critical that you be represented by a strong legal advocate. When your freedom, driving privileges, and future prospects are at stake, this is no time to take chances.
What are the Penalties for a Second DUI?
A second DUI is still a misdemeanor, but the penalties are harsher. You could face up to a year in jail and a $2,500 fine. But those are just the basics. Your license will be revoked for at least a year, possibly three years if your first DUI was within the last five years, and you will have to appear at a hearing before the Secretary of State’s office before you will be eligible for even a hardship permit.
What Are Mitigating Factors in Illinois Crimes?
In Illinois, after you have plead guilty to a crime or been convicted at trial, what is known as the sentencing phase of your case begins. During sentencing, the court will look over the facts and circumstances surrounding your crime and decide what sentence is appropriate. “Mitigating factors” are circumstances that suggest a crime was not as serious as the charge implies or a harsh sentence is not warranted. When successfully argued, these factors may lead to a lighter sentence. If you are facing felony or misdemeanor charges, it is important that you work with an experienced attorney who can present any mitigating factors that may help you avoid harsh sentencing.
Examples of Mitigating Factors in Illinois
During sentencing, the prosecutor will present any aggravating factors - circumstances that make the crime more serious. Your attorney will then have the opportunity to present mitigating factors. When present, mitigating factors can influence the court to reduce your sentence. In some cases, substantial mitigating factors can lead to the court reducing jail time or ordering probation, treatment, or other sentences that do not include incarceration. Mitigating factors in Illinois include:
What Are Aggravating Factors in Illinois Crimes?
In Illinois, once you have plead guilty to or been convicted of a crime, the case moves into the sentencing phase. During the sentencing phase, the prosecution will have the opportunity to present what are called “aggravating factors.” Aggravating factors are circumstances that make the crime more serious and may cause a judge to issue a harsher sentence. If you are facing the possibility of a felony or misdemeanor conviction where aggravating factors may be present, you will need an experienced attorney to give you the best chance at avoiding harsh sentencing.
Examples of Aggravating Factors
For each criminal charge, there are factors that are not needed to secure a conviction but do make the courts consider a given crime more serious. The more aggravating factors that are present, the harsher a sentence the judge may issue. Some common aggravating factors include:
What is the Difference Between Assault and Battery?
Assault and battery are two separate crimes in Illinois, although they are often charged together. In short, battery is making physical contact with someone in a way that causes harm to them or is insulting and designed to provoke them. Assault is causing someone to believe that you are about to batter them.
Either can be charged as a felony or as a misdemeanor depending on the level of harm caused or the presence of aggravating factors, such as the use of a firearm. If you have been charged with any form of battery or assault, you will need a skilled criminal defense lawyer to protect your rights and fight to minimize any consequences.
Understanding the Difference Between Assault and Battery
Often, a person is charged with both assault and battery. However, the two legal terms mean different things and can be charged separately as well. If you have been charged with one or the other - or both - you may be having trouble understanding what each means. Here are some reasons each may or may not be charged:
Can I Refuse to Submit to a DUI Breathalyzer Test in Illinois?
Getting pulled over by Illinois state or local police can be a scary and unpleasant experience, and this is especially true if an officer suspects you of driving under the influence. It can be difficult in the heat of the moment to remember or understand your rights, and you may reasonably wonder: Can I refuse a breathalyzer or sobriety test if I’ve been pulled over?
What is Implied Consent?
Different states have different laws addressing requirements and consequences for people suspected of driving under the influence. Illinois is called an “implied consent” state, which means that when you got your driver’s license, you agreed you would consent to give an officer a blood or breath sample to assess your blood alcohol content during a lawful request.
However, implied consent is not the same thing as actual consent. To begin with, the implied consent law only applies after you have been arrested on suspicion of a DUI. You do not face any consequences for refusing a breathalyzer test prior to an arrest, even if a police officer says otherwise.
Is Getting a Driver’s License Suspended and Revoked the Same Thing?
Being able to drive is one of the most important privileges we use every day. Getting to work, taking kids to school, and buying groceries all rely on the use of a car. Losing the ability to drive because of a driver’s license suspension or revocation can be annoying at best, and financially crippling at worst.
Although a driver’s license suspension and a revocation may seem similar, they are two different penalties and result in different consequences. This article looks at the difference between a suspension and a revocation, but your attorney is the best source for answers to your questions.
Driver’s License Revocations
A driver’s license revocation is generally given to someone who commits a serious traffic violation. These include, but are not limited to:
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Abandoning the scene of an accident that resulted in an injury or death
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