1555 Bond Street, Suite 103A
Naperville, IL 60563

Se Habla Español
Call Today for a Free Consultation

Call Us630-448-2001

Can I Get Out of a Second DUI? 

Posted on in DUI

Will County Drunk Driving Defense LawyerIn Illinois, the criminal and administrative penalties associated with drunk driving charges increase with each subsequent DUI offense. For example, many first-time DUI offenders are eligible for court supervision. However, individuals accused of drunk driving for the second time are not typically eligible for supervision. There are mandatory minimum penalties for second-time DUI offenders, including five days in jail or 240 hours of community service.

Defending yourself against DUI charges is especially important if you received a DUI in the past. If you or a loved one were arrested for drunk driving for the second time, make sure to contact an experienced DUI defense lawyer for help.

Second DUI Defense Options

When you are facing DUI charges, it is important to know that you have options. An experienced lawyer will be able to review the facts of your case and help you develop the best possible defense strategy for your situation. Some common defenses to DUI charges include:

...

Continue Reading...

Will County DUI Defense AttorneyMore and more adults are paying close attention to the way their diet influences their health. Low-carb diets like the keto diet and carnivore diet are becoming increasingly popular – especially for those with chronic medical problems. Because these diets change the body’s chemistry and release certain chemicals into the bloodstream, there has been some concern regarding the diets’ effect on alcohol breath tests or breathalyzers. Many people wonder if being on the keto diet can increase their chances of being accused of drunk driving.

Drunk Driving Charges and Ketones

Breathalyzers or breath tests measure how much alcohol is on a person’s breath. Roadside breathalyzer tests are used as a preliminary screening measure and often provide police probable cause for a drunk driving arrest. Evidentiary breath tests are conducted at the police station and often play a crucial role in driving under the influence (DUI) cases.  

When someone is on a diet that restricts or eliminates carbohydrates, the body breaks down fat in the body and uses the fat as fuel. A ketone called acetone is released during the fat-burning process. This may cause a person’s breath to contain isopropyl alcohol. Low-quality breathalyzers may not be able to differentiate between isopropyl alcohol produced naturally by the body and ethanol alcohol from wine, beer, or liquor. This can cause a breath alcohol test to show an inflated blood alcohol concentration (BAC).

...

Continue Reading...

Kane County DUI Defense LawyerDriving under the influence of alcohol, leaving the scene of an accident resulting in injury, drag racing, and other criminal offenses can result in the revocation of a person’s driver’s license. Unlike a driver’s license suspension, driver’s license revocation is indefinite. You cannot simply pay a fine and get your license back after the suspension period is over. To reinstate a revoked license and regain driving privileges, you will need to attend a formal or informal Secretary of State hearing.

Informal Secretary of State Hearings

If you were arrested for a first-time DUI offense, you will likely be able to attend an informal Secretary of State hearing. Informal hearings are held at DMV locations throughout the state. You do not need to schedule the hearing in advance. Informal hearings are held on a walk-in basis. You will meet with a hearing officer for the Secretary of State and demonstrate to the hearing officer that you have taken the required steps to reinstate your license.

The steps you must take to reinstate your driver's license depend on the results of your drug and alcohol evaluation, criminal history, and driving record. Someone with only one DUI on their record and no signs of alcohol dependance may only need to attend 10 hours of DUI risk education classes to qualify for reinstatement. On the other hand, someone suffering from alcoholism or alcohol dependency may need to complete dependency treatment or substance abuse treatment before they can get their license back.

...

Continue Reading...

Kane County Criminal Defense LawyerDriving under the influence of alcohol is a criminal offense punishable by significant penalties in Illinois. DUI offenders are subject to driver’s license revocation, expensive fines, vehicle impoundment, and even jail time in certain situations.

Alcohol breath tests, often referred to as breathalyzers or intoximeters, measure the amount of alcohol on a driver’s breath. The results of a breath test are often a crucial component in a DUI case. Consequently, many people wonder if they can refuse to take an alcohol breath test. This blog will explore the advantages and disadvantages of refusing a breathalyzer in Illinois.

Understanding the Two Types of Breath Tests in Illinois DUI Cases

There are two types of breath alcohol tests used in Illinois drunk driving cases. When a police officer suspects a driver of drunk driving, the officer may ask the driver to take a roadside breath test. The subject is asked to blow into the device, and the device displays the driver’s blood alcohol content (BAC) on a screen. If the driver’s BAC is above 0.08 percent, the driver is arrested for DUI. These small,  handheld testing devices are called preliminary breath tests. The purpose of a preliminary test is to give police officers probable cause for a DUI arrest. The results of preliminary tests are not used as evidence in a DUI case.

...

Continue Reading...

DuPage County Traffic Violation LawyerIn Illinois, drunk driving is penalized by both administrative and criminal consequences. If you were convicted of driving under the influence (DUI), you may face fees and jail time. Your driver’s license may also be revoked. Once your license is revoked, it is illegal to drive. Driving with a revoked license can lead to further criminal penalties. Fortunately, you may be able eligible for a Restricted Driving Permit.

A Restricted Driving Permit May Get You Back on the Road Legally

Losing the ability to drive can be a major burden. Most people drive multiple times a day to go to work, transport their kids to and from school, attend medical appointments, and more. The most important benefit of a Restricted Driving Permit is that it can get a person back on the road without needing to break the law.

Illinois Recently Updated the RDP Rules

Restricted driving permits used to be more restrictive than they are now. Before 2022, drivers always had to prove that they were experiencing an extreme hardship due to the loss of their driving privileges. However, now, the RDP allows you to drive for up to 12 hours a day, six days a week without needing to prove a hardship exists in certain cases.

...

Continue Reading...

Illinois State Bar Association DuPage County Bar Association Kane County Bar Association Hispanic Lawyers Association of Illinois
Law Office of Patricia Magaña, LLC

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

Back to Top