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Will County Criminal Defense AttorneyWhen we drink alcohol, the alcohol can be detected in our breath, urine, and blood. Often, the results of a chemical blood alcohol content (BAC) test are a key component of an arrest for driving under the influence (DUI). Breath tests, sometimes called Breathalyzers, analyze the alcohol on a person’s breath in order to approximate the person’s BAC. If you or a loved one have been arrested for drunk driving, it is important to understand how breathalyzer results can impact the case.

Can I Refuse a Breathalyzer in Illinois?

When police officers suspect a driver of drunk driving, they usually ask the driver to take a breath test. The subject blows into the device and the device registers a number representing that person’s estimated blood alcohol content. The use of the term “estimated” is intentional. Roadside breathalyzers are considered “preliminary breath tests.” These devices can estimate the amount of alcohol a person drank but they are not accurate enough to be entered as evidence in a DUI case.  Preliminary breath tests are used to establish probable cause for a DUI arrest. You have the right to refuse a preliminary breathalyzer.

The breath test used at the police station is more reliable than the portable breath tests used during a traffic stop. You do not have the right to refuse this “evidentiary breath test” per Illinois’ implied consent laws. If you refuse a breath test after being arrested for DUI, you face an immediate one-year driver’s license suspension.

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Naperville Juvenile Defense LawyerParents are responsible for guiding their children and helping them grow into happy, successful adults. However, even the best parents cannot prevent their children from making mistakes. For teenagers, shoplifting may seem like a victimless crime. Otherwise, law-abiding teenagers may justify stealing from a store because the crime does not involve violence or physical harm. Teenagers may also be peer-pressured into stealing. Some shoplift in order to impress their friends or gain a certain reputation at school. Other teens accused of theft are simply in the wrong place at the wrong time.

Whatever the reasons, theft charges can have a significant impact on a young person’s future. If your child was arrested for retail theft, contact a criminal defense lawyer experienced in juvenile offenses for help.  

What Are the Consequences of Juvenile Theft?

Theft is estimated to have cost retailers $62 billion in 2019 alone. Preventing shoplifting losses is a top priority for most stores and retail chains. Security guards, video surveillance, and antitheft devices are designed to catch shoplifters in the act and prevent ongoing theft. Some store owners and managers will give teenagers a second or even third chance after being caught shoplifting. However, the store does reserve the right to call the police if they catch a child or teenager shoplifting.

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Kane County Drugged Driving Defense AttorneyIllinois is one of many U.S. states that have eliminated or dramatically reduced criminal penalties for marijuana possession and use. Cannabis flower and cannabis products like “edibles” are now legal to possess in Illinois -- regardless of the user’s medical need. However, marijuana possession, cultivation, and distribution are still limited and regulated by law. Furthermore, it remains illegal to operate a vehicle while under the influence of marijuana. Smoking and driving or “drugged driving” can lead to charges for driving under the influence (DUI).

DUI Involving Cannabis in Illinois

Marijuana is legal for recreational use in Illinois. However, this does not mean that Illinois residents can use cannabis behind the wheel. Research shows that cannabis impairs decision-making abilities and motor coordination. It also increases reaction time which makes it harder for drivers to avoid collisions. Because marijuana intoxication increases the risk of getting into an accident, it is illegal to operate a car while under the influence of marijuana.

Determining a Driver’s Level of Intoxication

Measuring a driver’s marijuana intoxication has proven quite difficult as compared to alcohol intoxication. When a police officer suspects a driver of drunk driving, he or she can use a portable blood alcohol concentration (BAC) test to assess the driver’s estimated level of intoxication. While these tests are not infallible, they offer a standardized method for determining a driver’s level of impairment. A driver is considered intoxicated “per se” or intoxicated by law if his or her BAC is above 0.08 percent. (However, it is possible to be charged with DUI even if your BAC is under the legal limit.)

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Aurora Traffic Violation AttorneyIn Illinois, an individual’s driver’s license can be suspended or revoked for driving under the influence of alcohol DUI), receiving several driving violations, failure to pay toll road fees, and even failure to pay child support. If an individual’s license is revoked, the only way to reinstate the license and recover the ability to drive is to meet certain eligibility requirements and attend a Secretary of State (SOS) driver’s license reinstatement hearing.

Informal Driver’s License Reinstatement Hearings

There are two types of license reinstatement hearings in Illinois. If you lost your license due to a first-time DUI or moving violation, you will probably be eligible for an informal reinstatement hearing.  Informal hearings are conducted at an SOS Driver Services facility. Unlike a formal driver’s license reinstatement hearing, most informal hearings are conducted on a walk-in basis. However, this does not mean that you should walk into an informal hearing unprepared.

Before you go to the hearing, make sure you understand exactly what is expected of you. Depending on the results of your drug and alcohol risk evaluation, you may need to complete DUI risk education classes or complete a substance abuse program to reclaim your driving privileges.

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Posted on in DUI

Will County DUI Defense AttorneyGetting arrested for driving under the influence of alcohol (DUI) is cause for serious concern, and you may feel that your entire future is at risk due to a rare lapse in judgment. For many people, one of the most troubling thoughts is the idea of spending time in jail after an arrest or conviction. Jail time is certainly possible for DUI offenders in Illinois, but it is often possible to avoid it, especially with the help of an experienced DUI defense attorney.

Police Custody After a DUI Arrest

If you are arrested for DUI, you will almost certainly be taken into the police station by the arresting officer, at least for a short time. At the station, you will be asked to submit to chemical testing of your blood alcohol concentration, which you cannot refuse without having your driver’s license suspended, and you may also be questioned by law enforcement. However, you do not have to answer these questions before speaking with an attorney.

It is uncommon for a DUI suspect to remain in police custody for a long period of time. In most cases, the suspect will be released on the same day or the next day, perhaps with certain conditions to ensure that they return for a trial.

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