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Aurora Driver's License Suspension LawyerIn Illinois, drivers can lose their licenses for many different offenses. Driver’s license suspensions and revocations may result from charges for driving under the influence (DUI), multiple traffic violations, and failure to pay tickets. Once a license is suspended or revoked, the license holder is prohibited from driving any motor vehicle. Driving with a suspended or revoked license is a criminal offense. Fortunately, there may be a way to get back on the road legally after losing your license.

Seeking Driving Relief Through a Hardship License

If you lose your license, you may wonder how you will travel to work, attend classes, or manage other important responsibilities. One option is to seek driving relief through a Restricted Driving Permit (RDP). RDPs are sometimes referred to as “hardship licenses” because they offer partial driving privileges for those adversely affected by the loss of their driver’s license. For example, if you risk losing your job because you cannot drive, this may qualify as a hardship.

To get an RDP, you will need to attend a Secretary of State hearing and demonstrate that a hardship exists. If you lost your license because of a DUI, you will also need to complete the steps indicated by your drug and alcohol evaluation risk classification. This may include ten hours of DUI Risk Education, early intervention, substance abuse treatment, or other activities. Lastly, you will need to show the Secretary of State hearing officer that you are not going to re-offend. The RDP will let you drive to certain locations for certain purposes. Many RDP holders use their RDP to get to work, transport children, or attend medical appointments.

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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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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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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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Will County DUI Defense LawyerIn Illinois and most other states, the legal blood alcohol concentration (BAC) limit for drivers is 0.08. Though it is possible to be charged with a DUI with a lower BAC if there is other evidence of intoxication, it becomes more difficult to fight a charge when chemical test results show a BAC of 0.08 or above. However, you may be wondering what happens if you are charged with DUI and your BAC registered at much higher than 0.08.

According to the National Highway Traffic Safety Administration (NHTSA), a driver’s abilities can become significantly more impaired as their BAC increases. At a BAC of 0.15, a driver can experience vomiting and major loss of muscle control and balance, which can make a serious accident much more likely. Illinois aims to curb highly-intoxicated driving behavior by enforcing stricter penalties for drivers who are convicted of DUI with a BAC of at least twice the legal limit, or 0.16.

Increased Penalties for Excessive BAC

In many Illinois DUI cases, the court has some discretion in the sentencing of an offender, allowing a judge to enforce fines, imprisonment, and other consequences according to the specific circumstances. However, when chemical test results indicate a BAC of at least 0.16, mandatory minimum sentencing requirements apply. The specific consequences depend on how many prior DUI convictions the offender has. For example:

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

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