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Naperville, IL 60563

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Naperville DUI Lawyer

There are many reasons why Illinois citizens can lose their driving privileges. The most common way is an arrest or conviction for DUI. Even if you do not earn a DUI conviction, an Illinois police officer can issue a notice of statutory summary suspension for your driver’s license if you fail a blood-alcohol content test, are unable to complete one or refuse to take a chemical test. The suspension goes into effect on the 46th day after your arrest, and lasts for six months to a year, depending on your circumstances. You may petition to get your driving privileges reinstated by using one of the following two driving permits available to you:

Monitoring Device Driving Permit (MDDP)

These driving permits are typically only available to first-time DUI offenders, but if you have not had a summary suspension within the past five years, you may still be eligible. An MDDP allows you to drive freely during your summary suspension, but you must have a breath-alcohol ignition interlock device (BAIID) installed in any vehicle you drive. After you complete the application for the MDDP, you must return it to the Secretary of State’s office, which will then give you 14 days to have a BAIID installed. 

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Posted on in DUI

Naperville DUI Attorney

Everyone knows a DUI conviction can get you into big legal trouble. In Illinois, a first-time conviction for DUI is classified as a Class A misdemeanor, and you could face up to a year in jail, a one-year revocation of your driving privileges, and suspension of your vehicle registration. If you were under the age of 21 at the time of the DUI, your driving privileges could be revoked for two years. If your blood-alcohol content was recorded at .16 or more, you face a mandatory minimum fine of $500 and 100 hours of community service. 

A DUI conviction also comes with other expenses that can affect many areas of your life:

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Will County DUI Lawyer

Being able to drive legally is a privilege, not a right. When you are arrested for a DUI in Illinois, the Secretary of State’s Office automatically puts a statutory summary suspension into effect if you fail a blood alcohol content (BAC) test, or if you refuse to submit to a test. This suspension is separate from any criminal charges you might face, or suspension/revocation that may come with those charges. 

Driving is crucial for most Americans, so the loss of driving privileges can greatly impact your life. It can mean a tougher time getting to work or transporting your children to school or their activities. Fortunately, Illinois has options for those who have had their driver’s license suspended or revoked because of a DUI charge. All of them require the use of a breath alcohol ignition interlock device (BAIID).

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DuPage County CDL violation lawyerIndividuals who hold a commercial driver’s license (CDL) are often held to a higher standard on the road - and for good reason. Most of the time, commercial motor vehicles (CMVs) are very large and can do a lot more damage to property and other vehicles when they are involved in a collision. This is why there are certain actions that can result in the disqualification of a CDL. Some of these actions are illegal no matter what type of license that a driver holds, but many are also specific to CMVs. 

Losing a CDL can affect you differently than losing your personal driver’s license. If you have made a career out of operating a CMV, your job and finances could suffer greatly if you are disqualified from holding a CDL. The Federal Motor Carrier Safety Administration (FMCSA) has developed guidelines for how CDL violations are categorized and how they are punished.

Major Offenses

Certain offenses are more serious than others, and major offenses typically have the most serious penalties, with first time offenders receiving a one-year disqualification. Major offenses include:

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Aurora DUI license reinstatement lawyerThere are several DUI-related reasons why you could lose your driver’s license in Illinois - you could have been pulled over for a suspected DUI and refused chemical testing for your BAC, you may have failed a chemical test (meaning your BAC was .08 or greater), or you could have been convicted of a DUI. 

Regardless of why you lost your driving privileges, before your license can be reinstated, you must attend a license reinstatement hearing at the Illinois Secretary of State’s Office, where your case will be examined by a hearing officer. There are two types of hearings that the Office conducts: formal and informal. The type of hearing that you must attend is entirely dependent on the nature of the suspension or revocation. Each type of hearing has different requirements, which is why it is important to be prepared and know which type of hearing you will be required to attend.

Informal Hearings

Like their name suggests, informal hearings are not as intense as formal hearings. You can attend an informal hearing to have your license reinstated if:

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Aurora felony DUI defense lawyerBeing charged for driving under the influence (DUI) is upsetting enough, no matter the circumstances surrounding the arrest. However, if you are arrested for drunk driving with a child in the car, the trouble multiplies. Under Illinois law, DUI with a passenger under age 16 in the vehicle carries additional penalties, including fines and community service. 

First-Time DUI Charge With Passenger Under Age 16

A first-time DUI offender generally has a good chance of being granted court supervision. During the supervision period, which typically lasts one year or more, they will be required to attend a drug/alcohol education course and probably perform community service. They usually will not have to pay a large fine or serve time in jail. At the end of the supervision period, as long as they meet all the requirements set by the judge, their case will be dismissed, and they will not have a DUI conviction on their record.

However, the State will typically impose heavier penalties if a DUI involved a passenger under age 16. A first conviction for DUI committed while transporting a child carries the following additional penalties:

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Posted on in DUI

Aurora DUI Defense AttorneysThe day after you are arrested for driving under the influence can be tough. You may still feel a bit dazed after being arrested, tested, and processed.

Just remember this: an arrest, even with a failed alcohol or drug test, is not a guaranteed conviction, especially if this was your first DUI arrest. With the help of an experienced DUI defense attorney, you have a good chance of reaching a favorable outcome.

It is crucial that you start working on your defense right away. A successful DUI defense not only depends on your attorney but also on you. The more prepared and organized you are, the better.

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DuPage County DUI and vehicle seizure defense attorneyMost people know that the police can seize and sell assets involved in major drug crimes, such as cars, boats, and houses. But did you know that the police can also impound or seize your car if you are caught driving under the influence?

If you are ever arrested for DUI, you will take a back-seat ride in a squad car to the police station. Then, unless there was a sober passenger in the car who can drive the car home, the police will call a local towing company to pick up the vehicle and take it to their storage lot.

Impoundment of Your Car

If your car is towed following a DUI arrest, you can usually get it back by going to the towing company lot and paying the accrued towing and storage fees. However, some counties (including Will County and DuPage County) and cities also charge an administrative fee to help cover their cost of dealing with the towing company, typically in the range of $300 to $500. You must show proof that this fee has been paid in order to get your vehicle back.

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Naperville DUI and traffic violation defense lawyerWhen a driver is pulled over by the police, the first thing the officer is likely to say is, “Do you know why I pulled you over?” A good answer to that is, “I’m not sure. Why?” 

The police officer may have stopped you for a simple traffic violation, such as speeding or running a stop sign. But depending on your behavior and conversation, a police officer could begin to suspect that you are guilty of something more. You do not want to give the officer any reason to start looking for additional violations.

For example, the police might suspect that you were driving under the influence of alcohol, violating the “open container” law, or even using illegal drugs. The officer might then want to search your car, looking for evidence of suspected illegal activity. It is important to know your legal rights in this situation. 

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Aurora DUI breathalyzer test defense lawyerEvery so often, when people are hanging out and drinking a few beers, the topic of drunk driving will come up. Such conversations may be filled with misinformation about Illinois laws on driving under the influence. One of the most common debates involves breathalyzer tests--whether or not you can refuse to take them, and what happens if you refuse. This article seeks to clear up some of these questions surrounding breathalyzer tests.

The Roadside Breathalyzer vs. the Police Station Test

Many people are surprised to learn that there are two different types of breathalyzer tests:

  • The preliminary breath test, which is conducted with a portable breath-analysis device at during a traffic stop at roadside.
  • The evidentiary breath test, which is conducted with a stationary machine at a police station.

Note that a person’s blood-alcohol concentration can also be measured by a blood test, but this article will focus strictly on breath testing, since it is the most common method.

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Joliet marijuana DUI defense lawyerIllinois residents who legally use medical cannabis may be justifiably concerned about their risk of being charged with driving under the influence (DUI) after using marijuana. 

While only around 30,000 people are currently registered as medical marijuana users in Illinois, this number could expand dramatically once the governor signs a new law passed by the legislature in May 2018. This law, SB 336, would modify the Compassionate Use of Medical Cannabis Pilot Program Act (410 ILCS 130), allowing doctors to prescribe medical marijuana as an alternative to opioid pain medications and eliminating the criminal background check requirement for patients.

Marijuana DUI Law for Regular Citizens

THC is the intoxicating element in marijuana, and this is what Illinois law enforcement officers will measure to determine if you are guilty of driving under the influence of marijuana. The legal limit for THC in Illinois is five nanograms or more per milliliter of whole blood or 10 nanograms or more per milliliter of any other bodily substance (e.g., saliva). If you test at or above that level, you will be subject to the statutory summary suspension of your driver’s license and a DUI charge.  

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DuPage County driver's license reinstatement attorneyIf your Illinois driver’s license has been revoked for driving under the influence, you anxiously await the day when you are free to drive again with no restrictions. However, Illinois does not make it easy to get your license reinstated after a DUI conviction. 

If you live in Illinois, you will have to appear in person before a Secretary of State hearing officer, who will consider your request for reinstatement, and they may choose to deny your request for any number of reasons. Good preparation is key to success at these hearings. Here are a few of the important steps you must complete before you can even have that hearing:

Determine if You Are Eligible to Apply Yet 

You cannot apply for reinstatement of your driver’s license until your revocation period is up. For example, let us assume that you received the usual six-month statutory summary suspension of your driver’s license for testing over the legal limit for drugs or alcohol at the time of your DUI arrest. Then, at your sentencing, your license was revoked for a minimum of one year. On that date, you had already served three months of your suspension. Those three months will be credited toward your minimum period of revocation, leaving you with nine more months of revocation to serve. At the end of that nine months, you can apply for reinstatement.

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DuPage County criminal defense attorneyWhen approached by a police officer, it is natural for your heart to start racing and for the primitive “fight or flight” instinct to kick in. However, resisting a police officer is a serious crime. So what should you do?

It is important for you to know your rights, and the rights of law enforcement, in the event that you are ever arrested and charged with a crime. Here are some tips to remember if you are being arrested:

  1. Remain calm and obey the directions of the officer. You do not have the right to resist the arrest, even if you are innocent of any wrongdoing.
  2. You must give police officers your real name, address, age, and date of birth. You do not need to say anything else, and anything you do say could be used against you later. You can simply state that you wish you remain silent, and then do not respond to any questions. 
  3. When an officer tells you that you are under arrest, he has the right to do a “pat down” search over your clothing to ensure that you are not carrying any weapons. He can also search any bags you are carrying and the area immediately around you. 
  4. You have the right to be treated humanely and provided with food, shelter, and medical treatment if needed. If you require prescription medication, you should make the police aware of that when you are booked. If you have your medication with you, the police will have to confiscate it, but they can record all the information on the prescription bottle. If you do not have your medication with you, have someone bring it to you in the original prescription bottle with your name on it. You can also insist that you be taken to the nearest emergency room for treatment.  
  5. After you are arrested, the police must read you the four Miranda warnings before you are questioned:
    • You have the right to remain silent. 
    • Anything you say can and will be used against you in a court of law.
    • You have the right to a lawyer. 
    • If you cannot afford a lawyer, one will be appointed for you. 
  6. After your rights have been read to you, state that you want to speak to an attorney. If the police keep asking questions, repeat that you wish to remain silent until you speak to a criminal defense attorney. You cannot be forced or threatened to talk. Any information obtained by force cannot be used against you in court.  
  7. Be aware that the police are allowed to lie to you. They can lie about evidence they have against you. They can lie and tell you that they will not arrest you if you provide them with certain information.  
  8. You have the right to make a reasonable number of telephone calls to contact a family member and an attorney. If you are transferred from one place of custody to another, such as from a police station to a county jail, you have the right to make additional phone calls to let your family and lawyer know where you are now.
  9. The police may put you in a lineup for a witness identification. You do not have the right to refuse to be placed in a lineup.  
  10. The police must make a detailed list of whatever personal property, including cash, is taken from you at the time of your arrest, and they should give you an itemized receipt.

Hire an Aurora Attorney Who Will Have Your Back

If you or a loved one have been arrested in DuPage County or Will County, you need a lawyer who is fully knowledgeable in Illinois criminal law and the local court system. Retain the services of an experienced Naperville criminal defense attorney to ensure that your rights are protected every step of the way. As soon as you become aware that the police wish to speak to you about a crime, talk to a lawyer BEFORE speaking to the police. Contact the Law Office of Patricia Magaña at 630-448-2001 for a free consultation. Se Habla Español.

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Law Office of Patricia Magaña, LLC

1555 Bond Street, Suite 103A, Naperville, IL 60563

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