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Recent Blog Posts
When Does DUI Become a Felony in Illinois?
Driving under the influence (DUI) is a serious criminal offense in Illinois, and its consequences extend far beyond a night in jail or a fine. For most first-time offenders, DUI is charged as a misdemeanor. However, there are circumstances where a DUI can be charged as a felony DUI, bringing with it the possibility of years in prison, permanent loss of driving privileges, and a felony record that follows you for life.
Understanding when a DUI becomes a felony — and what that means for your future — is critical if you or a loved one is facing charges. Call our Arlington Heights, IL felony DUI defense lawyer at 847-253-3400 immediately.
What Is an Aggravated DUI in Illinois?
Under Illinois law (625 ILCS 5/11‑501(d)), any DUI that is charged as a felony is referred to as an "aggravated DUI." The term applies when certain aggravating factors are present in a DUI case. These are circumstances that lawmakers consider especially dangerous or egregious, warranting harsher penalties.
Parked But Prosecuted: Can You Get a DUI Without Driving?
Most of us associate DUI charges with behaviors like swerving across lanes and then failing a breathalyzer after being pulled over. In the state of Illinois, you can face DUI charges even if you were not actually driving. Simply sitting or sleeping in your parked vehicle while you are under the influence can result in serious legal consequences.
So, finding out that you are being arrested for DUI can feel very unfair. If you have been charged with DUI as a result of being in a parked car, it is a good idea to speak to an experienced Arlington Heights, IL DUI lawyer who can discuss the legal nuances of DUI charges when no driving has taken place.
What Does "Actual Physical Control" Mean Under Illinois Law?
Illinois 625 ILCS 5/11-501 mentions "actual physical control" but fails to define the term precisely. Illinois courts have ruled that actual physical control means the person is inside the vehicle and in a position to operate it. This includes the following:
What to Expect at Your First Illinois DUI Court Appearance
If you have been arrested for DUI, you are likely full of anxiety and uncertainty regarding your future. Part of this stems from the fact that those who have never been in trouble with the law before have no prior experience with the judicial system. Not knowing what is going to happen can be very stressful.
It may be helpful to read through Illinois DUI laws, which are found under Statute 625 ILCS 5/11-501. While it may not make a difference in the outcome, the more prepared you are, the easier your first DUI court appearance (arraignment) will go. Now is the time to discuss this issue with your Arlington Heights, IL DUI lawyer. Ask your attorney whether you are being charged with a misdemeanor or felony, as well as the potential penalties.
Your Court Summons and Where You Will Go for Your Arraignment
Your arraignment is your first court date and is a crucial step in defending your DUI charges. The arraignment generally takes place 30 to 60 days after your DUI arrest. Your ticket and subsequent correspondence will let you know which courthouse you will appear in and which courtroom you have been assigned. Before the hearing, you will receive paperwork listing the formal charges against you, along with chemical test results and a copy of the police report.
Are Automatic License Plate Readers Unconstitutional?
The Illinois legislature passed a bill this year that would rewrite the definition of "forcible felony" so that state police can use images from automatic license plate readers (ALPRs) to further apprehension and prosecution of human traffickers. When a license plate number from an ALPR matches one of those in the multi-agency databases, the Illinois State Police are alerted.
Currently, the law allows the use of ALPRs for the investigation of cases that involve vehicular hijacking, terrorism, motor vehicle theft, or any forcible felony (treason, first and second-degree murder, sexual assault, kidnapping, arson, robbery, burglary, and aggravated battery resulting in bodily harm. House Bill 3339 would add human trafficking and involuntary servitude to the list.
While police believe ALPRs are an invaluable tool that allows them to apprehend more people who have committed felony offenses, others question the legality of these cameras and whether they violate the constitutional rights of drivers. If you are charged with a criminal offense and wonder whether the manner in which you were identified is legal or constitutional, speak to a knowledgeable Arlington Heights, IL criminal defense attorney to ensure your rights are protected.
Could You Be Eligible for an Illinois DUI Diversion Program?
Facing DUI charges in Illinois can feel overwhelming. Because there are serious potential consequences of a DUI conviction, you may not know what you need to do to protect yourself and your future. You may fear losing your job and your livelihood, being unable to drive due to a suspended driver’s license, the financial cost, and the public stigma that often accompanies a DUI conviction.
If you are a first-time DUI offender, there may be a bit of good news. The state of Illinois, like many states, has alternative diversion programs for first-time DUI offenders. Diversion programs focus on rehabilitation rather than punishment. If you are facing DUI charges, it is important that you speak to your Arlington Heights, IL DUI attorney regarding whether you qualify for a diversion program.
Is Aggravated Discharge of a Firearm a Felony?
A Chicago man was recently charged with aggravated discharge of a firearm and trespassing. The man allegedly entered a restricted underground CTA area near a Red Line Station, then took out a gun and fired shots upward through a grate at people walking on the sidewalk. While no one was injured when the shots were fired, the 24-year-old now faces serious charges, with serious penalties if convicted.
If you are facing a weapons charge like aggravated discharge of a firearm, you must take these charges very seriously. Weapons charges are aggressively prosecuted in the state and have severe penalties. Speaking to an experienced Rolling Meadows, IL criminal defense attorney can help ensure you receive a vigorous defense.
How Accurate Are Field Sobriety Tests Results?
Field sobriety tests often play a significant role in DUI cases. Reasonable suspicion must be present for a law enforcement officer to pull you over. Even if the officer observes you leaving a bar at 2:00 a.m. in the morning, he or she may not pull you over unless you commit a traffic infraction.
You must be violating traffic laws in some way– weaving back and forth across the center line, driving extremely slowly or at an excessive speed, running a stop sign, etc. – for the officer to legally pull you over. So, assuming you were driving erratically and were pulled over, the officer now needs probable cause to charge you with DUI.
That probable cause is usually obtained through a field sobriety test unless you are obviously slurring your words or passing out while being questioned. Field sobriety tests are not required, but few people know this, and the officer is unlikely to share that information. If you were arrested and charged with DUI after taking a field sobriety test, it is important that you speak to an experienced Rolling Meadows, IL DUI lawyer.
Understanding BAC Levels and How They Affect a DUI
Blood alcohol content, or BAC, is the amount of alcohol in a person’s blood after they have consumed alcoholic beverages. Every state in the United States except Utah has set a BAC of 0.08 percent as the legal limit. (In Utah, the limit is 0.05 percent.) Most states also set a legal limit of 0.04 percent for those with CDL licenses.
For those under the age of 21, the BAC limit could be 0.02 percent, although some states have a "zero tolerance" for underage drivers who consume alcohol. This means any level of alcohol in the minor’s system can result in DUI charges. Being charged with DUI can have a number of negative consequences.
You could potentially end up in jail, pay extremely high fines and fees, lose your driving privileges, lose your job, or be unable to obtain employment or be unable to obtain a professional license you have worked for. If you are facing DUI charges, it is in your best interests to contact an experienced Rolling Meadows, IL DUI attorney.
When Can You Walk Away from a Police Stop or Interview?
About 53.8 million U.S. residents over the age of 16 had some type of contact with police in 2020. This number was down from prior years, likely due to the pandemic. Whether you are being questioned as a suspect in a felony or misdemeanor offense or as someone with information about a crime, it can be anxiety-inducing to face police questioning.
People are often so intimidated by being questioned by the police that everything they know about "the right to remain silent" simply goes out the window. While most of us know that once we have actually been arrested, we should ask for a lawyer and stop answering police questions, what about when a police officer stops you on the street and begins asking questions? What if you are asked to come into the police station and answer questions, and you do so voluntarily?
Can a Police Officer’s Mistakes Affect Your DUI Outcome?
If you are facing DUI charges, it is normal that you are anxious about the outcome. Could you lose your job? Could you have your driver’s license suspended? Even worse, could you be sentenced to time in jail? While feelings of anxiety and fear are perfectly normal for those facing DUI charges, now might be a good time to remember that police officers are human and make mistakes.
The police officer who arrested you may have made serious errors that could potentially result in the charges being dropped or reduced, or could be used to obtain a more favorable sentence. The best step you can take is to speak to an experienced Rolling Meadows, IL DUI lawyer regarding any errors you believe were made during your DUI stop and arrest.
What Types of Mistakes Might a Police Officer Make During a DUI Stop and Arrest?
Police officers can make common DUI arrest mistakes, including the following:
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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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