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Naperville Multiple DUI Lawyer

All DUI charges are extremely serious and carry severe consequences, but the more DUI convictions you have, the worse it will be. Escalating punishments are a way of trying to prevent people from becoming repeat DUI offenders. Eventually, charges go from misdemeanor to felony. Illinois judges do not show much leniency toward repeat DUI offenders and commonly punish to the full extent of the law. 

A Recent Multiple DUI Case

A 38-year-old Plano, Ill. woman was recently indicted on felony charges for a DUI after she crashed her vehicle last October. If convicted, this would be the woman’s fifth DUI conviction. She was arrested and charged with a DUI, along with being ticketed for driving too fast for conditions, and failure to reduce speed after she crashed her car. Police say the woman was slurring her speech, smelled of alcohol, and had unsteady balance, although she refused to submit to field sobriety testing.

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Naperville DUI LawyerThe United States Constitution guarantees many rights for American citizens, such as the right to free speech, to protest, and to bear arms. Though many people think driving is a right, it is not. It is a privilege. There is nothing that guarantees your right to drive a vehicle. 

In Illinois, there are multiple ways you can lose your license, some that have nothing to do with moving violations. Before a driver’s license suspension, the Illinois Secretary of State will send you a written notice in the mail. 

Here are a few ways you can lose your driving privileges in Illinois:

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Posted on in DUI

Naperville Defense Lawyer

Popular television shows like “Cops” have long shown amusing videos of DUI suspects attempting to recite the alphabet or walk in a straight line. While these TV shows have tried to entertain us with failed attempts to complete field sobriety tests during DUI traffic stops, neither DUIs or field sobriety tests are laughing matters. These tests are administered to DUI suspects as evidence to support an arrest and they can also be used as evidence in the court of law when a person is being tried for a DUI. 

Standardized vs. Non-Standardized Tests

When it comes to field sobriety tests, there are two types: standardized and non-standardized. Most police forces use a combination of both types of tests, though standardized tests are the most widely accepted. Standardized tests are also usually the only tests that hold up as evidence against a DUI suspect in court. In the 1970s, the three standardized field sobriety tests were developed. Over the years, these tests have been studied, and it has been determined that standardized field sobriety tests can detect if a person is too impaired to drive around 90 percent of the time.

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Posted on in Juvenile

Naperville DUi Lawyer

As a parent, you have dreaded this day since the first time you handed your teenager the car keys and they took off without you. Getting a call that your teen is in trouble is always unsettling, no matter the situation. When that call is to inform you that your teen has been pulled over for drinking and driving, it can be devastating for both of you. 

Even though parents frequently stress the dangers of underage drinking and driving to their children, kids do not always listen, and parents are left to deal with the repercussions. Underage DUI can severely impact your child’s driving and criminal records. That could mean not getting into the college of their choice or other serious complications.

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Posted on in Uncategorized

Naperville DUI Lawyer

There are many reasons why Illinois citizens can lose their driving privileges. The most common way is an arrest or conviction for DUI. Even if you do not earn a DUI conviction, an Illinois police officer can issue a notice of statutory summary suspension for your driver’s license if you fail a blood-alcohol content test, are unable to complete one or refuse to take a chemical test. The suspension goes into effect on the 46th day after your arrest, and lasts for six months to a year, depending on your circumstances. You may petition to get your driving privileges reinstated by using one of the following two driving permits available to you:

Monitoring Device Driving Permit (MDDP)

These driving permits are typically only available to first-time DUI offenders, but if you have not had a summary suspension within the past five years, you may still be eligible. An MDDP allows you to drive freely during your summary suspension, but you must have a breath-alcohol ignition interlock device (BAIID) installed in any vehicle you drive. After you complete the application for the MDDP, you must return it to the Secretary of State’s office, which will then give you 14 days to have a BAIID installed. 

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Posted on in DUI

Naperville DUI Attorney

Everyone knows a DUI conviction can get you into big legal trouble. In Illinois, a first-time conviction for DUI is classified as a Class A misdemeanor, and you could face up to a year in jail, a one-year revocation of your driving privileges, and suspension of your vehicle registration. If you were under the age of 21 at the time of the DUI, your driving privileges could be revoked for two years. If your blood-alcohol content was recorded at .16 or more, you face a mandatory minimum fine of $500 and 100 hours of community service. 

A DUI conviction also comes with other expenses that can affect many areas of your life:

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Will County DUI Lawyer

Being able to drive legally is a privilege, not a right. When you are arrested for a DUI in Illinois, the Secretary of State’s Office automatically puts a statutory summary suspension into effect if you fail a blood alcohol content (BAC) test, or if you refuse to submit to a test. This suspension is separate from any criminal charges you might face, or suspension/revocation that may come with those charges. 

Driving is crucial for most Americans, so the loss of driving privileges can greatly impact your life. It can mean a tougher time getting to work or transporting your children to school or their activities. Fortunately, Illinois has options for those who have had their driver’s license suspended or revoked because of a DUI charge. All of them require the use of a breath alcohol ignition interlock device (BAIID).

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Aurora DUI license reinstatement lawyerThere are several DUI-related reasons why you could lose your driver’s license in Illinois - you could have been pulled over for a suspected DUI and refused chemical testing for your BAC, you may have failed a chemical test (meaning your BAC was .08 or greater), or you could have been convicted of a DUI. 

Regardless of why you lost your driving privileges, before your license can be reinstated, you must attend a license reinstatement hearing at the Illinois Secretary of State’s Office, where your case will be examined by a hearing officer. There are two types of hearings that the Office conducts: formal and informal. The type of hearing that you must attend is entirely dependent on the nature of the suspension or revocation. Each type of hearing has different requirements, which is why it is important to be prepared and know which type of hearing you will be required to attend.

Informal Hearings

Like their name suggests, informal hearings are not as intense as formal hearings. You can attend an informal hearing to have your license reinstated if:

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Aurora felony DUI defense lawyerBeing charged for driving under the influence (DUI) is upsetting enough, no matter the circumstances surrounding the arrest. However, if you are arrested for drunk driving with a child in the car, the trouble multiplies. Under Illinois law, DUI with a passenger under age 16 in the vehicle carries additional penalties, including fines and community service. 

First-Time DUI Charge With Passenger Under Age 16

A first-time DUI offender generally has a good chance of being granted court supervision. During the supervision period, which typically lasts one year or more, they will be required to attend a drug/alcohol education course and probably perform community service. They usually will not have to pay a large fine or serve time in jail. At the end of the supervision period, as long as they meet all the requirements set by the judge, their case will be dismissed, and they will not have a DUI conviction on their record.

However, the State will typically impose heavier penalties if a DUI involved a passenger under age 16. A first conviction for DUI committed while transporting a child carries the following additional penalties:

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Posted on in DUI

Aurora DUI Defense AttorneysThe day after you are arrested for driving under the influence can be tough. You may still feel a bit dazed after being arrested, tested, and processed.

Just remember this: an arrest, even with a failed alcohol or drug test, is not a guaranteed conviction, especially if this was your first DUI arrest. With the help of an experienced DUI defense attorney, you have a good chance of reaching a favorable outcome.

It is crucial that you start working on your defense right away. A successful DUI defense not only depends on your attorney but also on you. The more prepared and organized you are, the better.

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DuPage County DUI and vehicle seizure defense attorneyMost people know that the police can seize and sell assets involved in major drug crimes, such as cars, boats, and houses. But did you know that the police can also impound or seize your car if you are caught driving under the influence?

If you are ever arrested for DUI, you will take a back-seat ride in a squad car to the police station. Then, unless there was a sober passenger in the car who can drive the car home, the police will call a local towing company to pick up the vehicle and take it to their storage lot.

Impoundment of Your Car

If your car is towed following a DUI arrest, you can usually get it back by going to the towing company lot and paying the accrued towing and storage fees. However, some counties (including Will County and DuPage County) and cities also charge an administrative fee to help cover their cost of dealing with the towing company, typically in the range of $300 to $500. You must show proof that this fee has been paid in order to get your vehicle back.

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Naperville DUI and traffic violation defense lawyerWhen a driver is pulled over by the police, the first thing the officer is likely to say is, “Do you know why I pulled you over?” A good answer to that is, “I’m not sure. Why?” 

The police officer may have stopped you for a simple traffic violation, such as speeding or running a stop sign. But depending on your behavior and conversation, a police officer could begin to suspect that you are guilty of something more. You do not want to give the officer any reason to start looking for additional violations.

For example, the police might suspect that you were driving under the influence of alcohol, violating the “open container” law, or even using illegal drugs. The officer might then want to search your car, looking for evidence of suspected illegal activity. It is important to know your legal rights in this situation. 

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Aurora DUI breathalyzer test defense lawyerEvery so often, when people are hanging out and drinking a few beers, the topic of drunk driving will come up. Such conversations may be filled with misinformation about Illinois laws on driving under the influence. One of the most common debates involves breathalyzer tests--whether or not you can refuse to take them, and what happens if you refuse. This article seeks to clear up some of these questions surrounding breathalyzer tests.

The Roadside Breathalyzer vs. the Police Station Test

Many people are surprised to learn that there are two different types of breathalyzer tests:

  • The preliminary breath test, which is conducted with a portable breath-analysis device at during a traffic stop at roadside.
  • The evidentiary breath test, which is conducted with a stationary machine at a police station.

Note that a person’s blood-alcohol concentration can also be measured by a blood test, but this article will focus strictly on breath testing, since it is the most common method.

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Joliet marijuana DUI defense lawyerIllinois residents who legally use medical cannabis may be justifiably concerned about their risk of being charged with driving under the influence (DUI) after using marijuana. 

While only around 30,000 people are currently registered as medical marijuana users in Illinois, this number could expand dramatically once the governor signs a new law passed by the legislature in May 2018. This law, SB 336, would modify the Compassionate Use of Medical Cannabis Pilot Program Act (410 ILCS 130), allowing doctors to prescribe medical marijuana as an alternative to opioid pain medications and eliminating the criminal background check requirement for patients.

Marijuana DUI Law for Regular Citizens

THC is the intoxicating element in marijuana, and this is what Illinois law enforcement officers will measure to determine if you are guilty of driving under the influence of marijuana. The legal limit for THC in Illinois is five nanograms or more per milliliter of whole blood or 10 nanograms or more per milliliter of any other bodily substance (e.g., saliva). If you test at or above that level, you will be subject to the statutory summary suspension of your driver’s license and a DUI charge.  

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