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IL defense lawyerIn the state of Illinois, a DUI conviction can come with serious legal consequences. Even a first-time DUI offender will face Class A misdemeanor charges and a minimum revocation of driving privileges for one year. While it is always wise to comply with the requests of the officer and remain composed, it is also important to understand that refusing a breathalyzer test is not a criminal offense. Below we will discuss some of the reasons why you could consider refusing testing during a DUI traffic stop. If you have been charged with driving under the influence of alcohol, seek out the guidance of a knowledgeable attorney.

The Consequences

While refusing to take part in a breathalyzer test is not a criminal offense, it is an administrative offense. In other words, because driving is a privilege and not a right, you provide implied consent to submit to a breathalyzer test if requested by law enforcement officials, the moment you become a licensed driver in the state of Illinois. Because of this, refusal to submit to testing will result in a 12-month suspension of driving privileges. A driver that refuses testing will likely be eligible to continue driving with a Monitoring Device Driving Permit (MDDP). A second refusal will result in another suspension, this time for a three year period. A two-time offender will be deemed ineligible for an MDDP.

The Potential Benefits of Refusal

Refusing a breathalyzer test can be the right decision during a DUI traffic stop. First and foremost, a refusal can result in administrative offense rather than a criminal offense on your permanent record. It should be noted that a refusal to submit to a breathalyzer does not always mean the case will be dismissed. A prosecutor will face more challenges proving the DUI charges in court, without the evidence of a blood alcohol content result. The prosecution will rely on the officer’s statement, video recordings, any field sobriety testing that took place, and witness testimony. Without the evidence from a breathalyzer test, your attorney will have a better chance of ensuring that charges are dropped.

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Posted on in DUI

IL defense lawyerEvery year, thousands of drivers are arrested for driving under the influence of drugs or alcohol in the state of Illinois. While many offenders will simply plead guilty for a DUI charge, especially their first charge, a DUI conviction can come with serious legal ramifications and potential changes to your lifestyle. If you have been charged with driving under the influence, it is important to contact a knowledgeable attorney as soon as possible.

The Ramifications of a Conviction

In the state of Illinois, DUI charges are taken very seriously. A first-time DUI conviction constitutes a Class A misdemeanor charge and can lead to fines as high as $2,500 and even potential jail time. In all reality though, the true impact of a DUI conviction can go far beyond a mark on your criminal record.

Loss of Driving Privileges: First and foremost a DUI conviction will impact your ability to operate a motor vehicle in Illinois. According to the Secretary of State’s Office, a first time DUI conviction will automatically lead to a one-year license revocation period. In other words, the driver’s driving privileges will be revoked for a minimum of one year. It should be noted that drivers under the age of 21 will face a two year revocation period for their first DUI conviction. Drivers are eligible to register for a Monitoring Device Driving Permit (MDDP), but must pay for the installation and tracking of a Breath Alcohol Ignition Interlock Device (BAIID).

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Posted on in DUI

IL DUI lawyerEvery year, thousands of people are arrested for driving under the influence of drugs or alcohol, throughout the state of Illinois. According to Illinois state law, a first-time DUI conviction constitutes a Class A Misdemeanor. Along with the criminal charge, a conviction will likely lead to significant fines and serious rises in insurance rates. Recognizing this, all DUI charges should be taken seriously, but some can come with harsher criminal punishment. If you have been charged with an aggravated DUI, it is time to seek out the help of a trained legal professional.

What Is an Aggravated DUI?

An aggravated DUI is a DUI charge that is elevated in severity due to the presence of any number of aggravating factors. These aggravating factors can include being charged with a DUI in which severe bodily harm was caused, the DUI was committed without a proper driver’s license or a DUI charge in which the offender had previously been convicted of a DUI.

In all of these instances, the charges will be elevated from a misdemeanor to a felony charge. The type of felony will vary depending on the aggravating factors. For instance, a third DUI charge automatically constitutes a Class 2 felony charge. In a DUI case in which someone was greatly harmed, the driver would be charged with a Class 4 felony charge, resulting in much more severe potential criminal punishment.

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Posted on in DUI

IL DUI lawyerAfter being convicted of a DUI, it is common to feel helpless or depressed. For many people convicted of driving under the influence, the hardest post-conviction adjustment is living without driving privileges. Fortunately, for many convicted drivers, it is possible to regain your driving privileges. Below we will examine some forms of licensing you can secure after a DUI conviction, and the steps you need to take to regain your driving privileges.

Types of Restricted Licenses

In 2019, 91% of drivers arrested for driving under the influence in the state of Illinois lost their driving privileges. Fortunately, a suspension or revocation does not mean that the person will be unable to drive.

A first-time DUI offender can obtain a Monitoring Device Driving Permit (MDDP). In order to obtain the MDDP, the driver must go through the Secretary of State’s office. Once the MDDP has been obtained, the driver must install a Breath Alcohol Ignition Interlock Device (BAIID). In short, the BAIID will test the driver’s blood alcohol content before allowing the vehicle to start. If the driver installs the system, they will be permitted to drive without restrictions. That being said, if a driver with an MDDP is caught driving in a vehicle without a BAIID registered to them, they will face potential felony charges.

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IL DUI lawyerSome people believe that a first-time DUI conviction will not come with significant legal ramifications. This notion could not be further from the truth. While it is true that DUI charges will increase in severity for repeat offenders, a first-time DUI offender can face life-changing implications in the event of a conviction. Below we will examine some of the possible ramifications of a DUI conviction and how you need to react to a charge. If you are facing DUI charges, contact a skilled criminal defense attorney immediately.

The Consequences

The first thing you need to understand is that a first-time DUI conviction constitutes a Class A Misdemeanor in the state of Illinois. Along with potential fines, drug and alcohol classes, community service, and even potential jail time, a conviction comes with a one-year license revocation period. It should be noted that in the state of Illinois, 91% of all drivers arrested for DUI in 2017 lost their driving privileges for some period of time. Outside of the concrete legal consequences, a DUI conviction can result in serious rises in your insurance rates. It is important to understand that there are a number of circumstances that can lead to an elevation of the charge from a Class A Misdemeanor to a Class 4 Felony.

How an Attorney Can Help

Recognizing the legal consequences of even a first-time conviction, it is important to contact a trustworthy and knowledgeable attorney as soon as you are charged with a DUI. First and foremost, a skilled attorney will give you the best chance of avoiding a conviction altogether. Your attorney will work with you in examining the initial traffic stop and the arrest process. If the officer acted in an unethical or unprofessional manner, you may have the charges dropped. For instance, if you were forced to submit to chemical testing. If a conviction cannot be avoided, a quality legal professional can assist you in regaining your driving privileges. A first-time DUI offender can regain their driving privileges through the installation of a Breath Alcohol Ignition Interlock Device (BAIID).

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