1555 Bond Street, Suite 103A
Naperville, IL 60563

Se Habla Español
Call Today for a Free Consultation

Call Us630-448-2001

Subscribe to this list via RSS Blog posts tagged in drunk driving charges

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.

...

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.

...

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.

...

Posted on in DUI

IL DUI lawyerThroughout the state of Illinois, upwards of 25,000 people are charged with driving under the influence of drugs or alcohol, on an annual basis. Despite the large number of DUI arrests made each year, a DUI charge is not something to be taken lightly. A first-time DUI offender can face a number of serious consequences, most notably fines and possible loss of driving privileges. Once a person has been convicted of one DUI though, the stakes are raised significantly. Having multiple DUI convictions on one’s personal record, can seriously alter a person’s life, and significantly impact their livelihood. Below, we will examine the impacts of multiple DUI convictions, and how to react if you are facing inebriated driving charges.

The Consequences of Multiple Convictions

Given the inherent dangers of driving under the influence of alcohol (more than 300 people were fatally injured in crashes involving drunk drivers in Illinois, throughout 2017), it should come as no surprise that the charges rise significantly in severity if a person is convicted multiple times. According to Illinois state law, a first-time DUI offense will result in a Class A misdemeanor and a one-year license revocation period.

If a person is convicted of a DUI within a twenty-year period of their first conviction, the charges begin to be more severe. While a second DUI conviction still constitutes a Class A misdemeanor, the party charged will face a five-year license revocation period and a minimum of five days in prison or 240 hours of community service.

...

IL DUI lawyerWhen a person is pulled over by a police officer, it can be difficult to maintain a level head. Because of this, many people lose their ability to contemplate their decision-making process. In all reality, it is of the utmost importance to remain calm and understand your rights and privileges, especially as it pertains to a DUI traffic stop. Many people make the mistake of feeling as though failure to adhere to every single request of the officer represents insubordination that could impact them in court. Yet, it is important for you to understand your rights and how declining to answer a question or take part in chemical testing could impact you. If you are charged with driving under the influence, speak with a qualified legal professional immediately.

Refusing Chemical Testing

If a person is convicted of a DUI, their life can be changed dramatically. Even a first-time DUI offender is likely to face Class A misdemeanor charges, minimum fines of up to $500, and loss of driving privileges for one year. The legal consequences of additional DUIs are even more significant. Understanding the legal severity of DUIs, it is important to understand how refusing chemical testing can impact you.

The first thing to understand is that you are not breaking the law when you refuse to submit to chemical testing. Now, you are violating your driver’s license agreement that states that you are consenting to certain steps such as chemical testing if deemed necessary by law enforcement. All that said, chemical test refusal is not something that will show up on your criminal record, but will impact your driving privileges.

...
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