Facing DUI charges can be a stressful – even frightening – experience. Whether this is your first offense, or you have prior convictions, navigating Illinois' DUI legal landscape requires legal knowledge and strategy. The following are some common FAQs about drunk driving charges in Illinois, including what the legal limits are, what the potential consequences are, and the importance of seeking legal assistance from a qualified Illinois defense attorney.

What Are the Legal Blood Alcohol Concentration (BAC) Limits in Illinois?

Under Illinois law, a driver who is aged 21 years of age or older is considered legally intoxicated if their BAC is 0.08 percent or more. If a driver is under the age of 21, the legal limit is 0.04 percent. Commercial drivers are also considered over the legal limit if their BAC is 0.04 percent or higher.

What If a Driver Refuses a Breathalyzer or Chemical Test in Illinois?

Illinois has an implied consent law, which means that by obtaining a driver's license, you agree to submit to chemical testing if a law enforcement officer suspects you of DUI. Refusing a breathalyzer or chemical test can lead to an automatic license suspension and other legal consequences.

Historically, when a person is arrested and charged with a crime, depending on the nature and severity of the crime, the court will determine the amount of bail the defendant (the person arrested) would need to post to be released from custody until their trial. The purpose of bail is to ensure the defendant shows up for all their court dates. If a defendant does not have the money to post bail, they are forced to sit in jail until their case is resolved.

Criminal justice reform advocates argue that the cash bail system unfairly punishes poorer defendants who do not have the money to post bail, while defendants in higher income brackets are able to walk around free until their trial. This was one of the driving forces why Illinois passed a law in 2021 eliminating cash bail. After much debate and court battles, the law will finally take place this month. The following is a brief overview of the new law. For more detailed information and to make sure your rights are protected if you have been arrested, make sure to speak to an Illinois criminal lawyer.

The Pre-Trial Fairness Act

In 2021, lawmakers passed the Illinois Safety, Accountability, Fairness and Equity-Today (SAFE-T) Act, an omnibus bill that brought major reforms to the state’s criminal justice system, including in areas of policing, pre-arrest division, pre-trial, sentencing, and corrections. One of the most controversial parts of the SAFE-T ACT was the Pre-Trial Fairness Act which eliminated cash bail. This was supposed to take effect on January 1st of this year; however, state attorneys from more than 60 counties in the state challenged the law. In December, a judge in Kankakee County ruled the law was unconstitutional, putting a hold on that January 1st date.

The Illinois juvenile justice system is designed to provide rehabilitation and support for young offenders, with the goal of reintegrating them into society as law-abiding citizens. However, there are instances when the severity of a juvenile’s crime may warrant treating them as adults in the eyes of the law. Today, we will explore the conditions under which a juvenile can be tried as an adult in Illinois. If your son or daughter has been arrested for committing a crime, regardless of whether they are being tried as a juvenile or adult, contact a criminal defense lawyer who will aggressively safeguard your child’s rights.

Serious Violent Crimes

In Illinois, the majority of juveniles 17 or under are tried in juvenile court for whatever offense they are alleged to have committed. However, certain felonies, such as murder, sexual assault, and armed robbery, to name a few, may be tried in adult criminal court, even if the minor is 16 or 17 years old. This type of treatment by the legal system is reserved for only the most egregious of offenses, as charging a child as an adult is not taken lightly by the court system. Of course, convictions in adult criminal court carry far more severe punishments than in juvenile court.

Previous Criminal Records

In some cases, a juvenile’s prior criminal record may impact whether they will be tried as an adult. For example, suppose the minor has previously been tried for an offense that constituted a felony. In that case, the court may consider transferring the case to adult court for enhanced accountability. It is likely that if the juvenile has committed serious felonies in the past but was still tried in juvenile court, this time around may be different. The court may look upon their re-offense as evidence that the juvenile did not learn their lesson, requiring them now to be tried in adult court.

Being arrested for drug-related offenses as a juvenile can have long-lasting consequences. Today, we will explore some possible defense strategies that can help navigate the legal process and protect the rights of juveniles facing drug charges. If your child is facing drug charges, contact a criminal defense lawyer to protect your child’s rights and interests at this critical time.

Illegal Search and Seizure

One potential defense strategy is challenging the legality of the search and seizure that led to the drug arrest. This strategy examines whether law enforcement had probable cause or a valid warrant when conducting the search. If the search violated the juveniles’ Fourth Amendment rights against unreasonable searches and seizures, any evidence obtained may be deemed inadmissible, weakening the prosecution’s case.

Lack of Knowledge or Control

Another strategy involves establishing that the juvenile had no knowledge of the presence of drugs or lacked control over them. This defense is particularly relevant in cases involving shared living spaces or vehicles where the drugs may have belonged to someone else. Demonstrating that the juvenile did not knowingly or intentionally possess the drugs makes it more challenging for the prosecution to prove legal culpability.