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IL DUI LawyerEvery single year thousands of Illinoisans are arrested for driving under the influence of drugs or alcohol. Due to the sheer number of annual drunk driving accidents as well as the recent legalization of recreational marijuana, law enforcement officials are increasingly on the lookout for signs of inebriated driving. While most people that a DUI charge will automatically result in a conviction, the truth of the matter is that a skilled defense attorney can be invaluable in helping you avoid a conviction. If you are facing DUI charges, it is time to speak with a criminal defense attorney you can believe in.

Improper Traffic Stops

In order to be pulled over for a DUI traffic stop, a law enforcement official must spot an initial traffic violation. If a police officer pulls you over while you were in full compliance with traffic ordinances, the evidence gained after the stop may be deemed inadmissible in court. A skilled attorney will investigate the traffic stop through witness testimony and surveillance footage to deem if the actions of the officer match up with the events leading up to the stop.

False Signs of Inebriation

In some instances, a police officer will misidentify signs of inebriation. For example, red or puffy eyes could be seen as a sign of intoxication, but could actually be due to a medical condition or allergic reaction. The same notion applies to slurred speech and other motor skill challenges, the defendant may be facing due to a medical condition. Recounting every step of the arrest process to your attorney is critically important in helping them build a strong defense case. If you have any medical conditions that may have represented false signs of intoxication, let your attorney know immediately.

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IL DUI lawyerIn the state of Illinois, thousands of people are arrested and charged with driving under the influence of drugs or alcohol, each and every year. According to Illinois state law, a DUI conviction constitutes a Class A Misdemeanor charge. Unfortunately for those charged with driving under the influence, there are a number of factors that can lead to a DUI charge being elevated to a felony, these factors are known as aggravating factors. Below we will examine some of the reasons why you could be facing felony charges after driving under the influence of drugs or alcohol.

What Constitutes an Aggravated DUI

If a DUI charge is elevated from a misdemeanor to a felony, it is now categorized as an aggravated DUI. The most common reason for an aggravated DUI charge is that the defendant is facing their third or subsequent DUI charge. Other common aggravating factors include a DUI resulting in great bodily harm to another party, driving under the influence while your license is suspended or revoked due to previous DUI charges, and driving under the influence without a valid driver’s license. A new state law passed in January 2019 states that a driver can be charged with an aggravated DUI if they are apprehended while driving the wrong direction down a one-way street, while intoxicated.

The Impact of an Aggravated DUI

While any DUI charge should be taken seriously, an aggravated DUI can drastically impact a person’s life. First and foremost, having a felony charge on your criminal record can significantly diminish one’s ability to secure housing, employment, and even loans. Secondly, a mandatory prison sentence cannot be reduced or suspended when a person is facing felony DUI charges. For those that need to drive their vehicle in order to get to work or drop their children off at school, an aggravated DUI conviction will likely result in a 10-year license revocation. If you are facing felony DUI charges, it is critically important to speak with a knowledgeable legal professional.

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Posted on in DUI

IL DUI lawyerDriving under the influence of drugs or alcohol can seriously impact a person’s ability to safely operate a vehicle. Because of this, the potential ramifications of a DUI conviction are significant. If you have been charged with driving under the influence, it is important to act quickly. The most important step you can take when facing DUI charges is hiring an experienced legal professional that you can believe in.

The Legal Consequences

In the state of Illinois, a DUI conviction constitutes a Class A misdemeanor charge. If convicted, the guilty party may face up to one year in prison, as well as fines up to $2,500. A first-time DUI offender will likely have the choice of spending a mandatory ten days in jail or 30 days of community service hours. The offender will also face a one-year license revocation period. A conviction of this magnitude can result in job loss, depending on the party’s occupation.

The Cost of a Conviction

Outside of the legal ramifications of a DUI conviction, a DUI can cost a person financially.

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Posted on in DUI

IL DUI lawyerIn the state of Illinois, more than 26,000 drivers were arrested for driving under the influence of drugs or alcohol, throughout 2018. While a standard DUI conviction will constitute a Class A misdemeanor charge, some circumstances can result in felony charges. When a DUI is elevated to a felony, it is legally referred to as an aggravated DUI. Below we will examine some of the most common aggravated DUIs, and the potential legal ramifications of a charge of such magnitude. If you have been charged with driving under the influence, it is time to speak with an experienced criminal defense lawyer.

The Most Common Aggravated DUIs

In the vast majority of cases, a DUI will be elevated to an aggravated DUI due to increased level of negligence. It is important to note though, that a third or subsequent DUI charge will automatically be elevated to an aggravated DUI. A driver that is charged with their third DUI will face Class 2 felony charges. A DUI resulting in great bodily harm to another party will also result in felony charges, even if the charge is the driver’s first alcohol-related traffic violation. It should be noted that a person charged with a DUI resulting in injury will face a minimum two-year license revocation period.

In other cases, a person can face felony DUI charges for failing to comply with Illinois state law prior to getting behind the wheel. If a driver is charged with driving under the influence and fails to present a valid driver’s license or permit, or lacks proper vehicle liability insurance, they will face Class 4 felony charges.

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IL traffic lawyerEvery year thousands of Americans are injured in drunk driving accidents, because of this law enforcement officials are constantly on the lookout for signs of inebriated driving. In the state of Illinois, drunk-driving was the primary cause of approximately 28% of all traffic deaths, throughout 2018. Perhaps it should come as no surprise that over 28,000 DUI arrests were made throughout the state, in 2018. If you are facing DUI charges after injuring another party in an accident, it is time to seek out the help of a respected criminal defense attorney.

The Legal Ramifications

In the state of Illinois, a standard DUI charge constitutes a Class A misdemeanor, a $2,500 fine, and possible jail time. That being said, the legal ramifications of a DUI in which a person suffered injuries are much more severe. A DUI resulting in great bodily harm, permanent disability, or disfigurement constitutes a Class 4 felony charge in the state of Illinois. According to the Illinois’ Secretary of State’s Office, a Class 4 felony charge can lead to one to three years in prison, and fines up to $25,000 (not including the various other expenses in most DUI cases). The person will also face a license revocation period of two years, even if the incident was their first DUI charge.

If a driver is charged with a DUI while transporting a child 16 years of age or younger, and the child suffers injuries in a collision, the driver can face Class 2 felony charges. If convicted, the driver will likely face a three- to seven-year prison sentence, although the penalties for a Class 2 felony vary on the offense. A person will also face Class 2 felony charges for any DUI that results in the death of another party. It should be noted that the two-year license revocation period will commence at the end of the convicted party’s release from incarceration.

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