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Recent Blog Posts
Refusing a Chemical Test during DUI Arrest in Illinois
Reports 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.
The ALR Hearing: A Trial Within a Trial
A 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.
Is Drugged Driving in Illinois on the Rise?
With aggressive ad campaigns targeting drunk driving, Americans should be quite familiar with the dangers associated with driving while intoxicated. Drugged driving, however, is not as widely discussed. According to recent statistics, it is an issue that might warrant greater attention.
According to the National Institute on Drug Abuse, in the past decade alone drugged driving incidents rose close to 15 percent. More recent data indicates a growing problem on American roadways. A survey conducted in 2012 revealed that more than 10 million drivers admitted to being under the influence of an illegal substance while driving at some point. The National Roadside Survey from 2007 indicated that 20 percent of weekend drivers tested positive for recent drug use. Similar reports have been surfacing in recent years as well.
Changes to DUI Law Under Illinois Medical Cannabis Act
In August 2013, Illinois followed Colorado and Washington to become the twentieth state to legalize the medical use of cannabis under its Compassionate Use of Medical Cannabis Pilot Program Act. Under this Act, medical marijuana is legal for registered users to treat symptoms of a statute-defined debilitating medical condition. Authorization of use includes the following qualifications:
- User must be 18 years of age or older;
- User must have written certification from an Illinois-licensed physician; and
- User must be registered with the Department of Public Health.
With the passing of this Act, which went into effect January 1, 2014, there have been changes to DUI law. Prior to the Act, it was against the law for a person driving a motor vehicle to be under the influence of cannabis or have any trace of cannabis in the blood, breath or urine.
Illinois First-Time DUI Offenders: Ignition Interlock Eligibility
The Illinois Secretary of State reports that 86 percent of drivers arrested for DUI in 2012 were first time offenders. Even for a first offense, a DUI has the potential of carrying serious penalties.
Depending on the facts surrounding the arrest, it can include:
- Court fines and fees;
- Suspension of driving privileges;
- Community service; and
- Imprisonment.
Illinois Minors Face Stiff Penalties under Zero Tolerance Law
Illinois maintains a Zero Tolerance Law when it comes to underage drinking and driving. An underage driver whose blood alcohol content (BAC) is .08 or greater results in an immediate six-month driver’s license suspension. A refusal to submit to a chemical test on suspicion of a DUI is grounds for a 12-month suspension.
The state’s Mothers Against Drunk Driving (MADD) statistics reveal that more than 400,000 people ages 12-20 reported alcohol use in 2011. However, due to the Zero Tolerance Law, a minor can have his or her driving privileges suspended even when not intoxicated at the legal limit of .08.
Illinois Cracks Down on Drunk Driving
An Illinois initiative to step up efforts to curtail drunk and drug-impaired driving began in August with a big push over Labor Day weekend. The Illinois State Police, Illinois Department of Transportation (IDOT), and multiple municipal county and police departments statewide, including the West Chicago Police Department, joined together for its zero tolerance campaign.
In a press release issued by IDOT, motor vehicle fatalities have decreased when compared to the same timeframe last year, but they do not want to be complacent about safety regarding both impaired driving and getting drivers to buckle up. One-third of fatal crashes involve an impaired driver and the "Drive Sober or Get Pulled Over" campaign is designed to increase awareness and compliance of state laws.
Illinois DUI Laws Extend beyond Drunk Driving
When a person is charged with driving under the influence (DUI), some may assume the individual was charged with driving under the influence of alcohol. However, the scope of DUI expands to other types of offenses, such as high driving.
According to the 2014 Illinois Fact Book, published by Secretary of State Jessie White, driving under the influence involves operating a motor vehicle while under the influence of alcohol, medically prescribed drugs such as cannabis, or any other intoxicating substances like methamphetamine. Under Illinois state laws, a person is considered to be driving under the influence of alcohol if his or her blood-alcohol level is .08 or higher.
Naperville Proposes Regulations to Help Combat Irresponsible Drinking
Naperville 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.
Illinois Students Face the Rise and Fall of Underage Drinking
Underage drinking affects thousands of Illinois college students and their families every year. With the unofficial end of summer and the beginning of the fall semester underway, students face the temptations of drinking underage without always being fully aware of the consequences of those actions.
Students who choose to drink and drive may face the legal ramifications of a DUI charge, which can affect both their criminal record and driving eligibility status. The National Institute on Alcohol Abuse and Alcoholism shares dangerous statistics surrounding underage drinking among college campuses:
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Client accused of burglary was acquitted due to our skillful cross examination of eye witness identification.
Client accused of causing the death of another while driving under the influence - Acquitted.
Client accused of first degree murder - Acquitted.
Client accused of embezzlement - Charges never filed.
Hundreds of Secretary of State hearings for Drivers License Reinstatement - Won.
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