Posted on November 20,2018 in DUI

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:

Insurance

After a DUI conviction, insurance companies consider you a high-risk driver, and you must get high-risk car insurance for at least three years. At around $2,000 a year, that is $6,000.

Income Loss

If you are charged with DUI, chances are you will miss some work. The State of Illinois estimates you will lose about four weeks worth of pay due to community service or jail time, evaluations, and other requirements. Someone who makes $55,000 a year could lose $4,230.

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 Posted on November 06,2018 in DUI

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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 Posted on October 29,2018 in Traffic Violations

Individuals who hold a commercial driver’s license (CDL) are often held to a higher standard on the road - and for good reason. Most of the time, commercial motor vehicles (CMVs) are very large and can do a lot more damage to property and other vehicles when they are involved in a collision. This is why there are certain actions that can result in the disqualification of a CDL. Some of these actions are illegal no matter what type of license that a driver holds, but many are also specific to CMVs. 

Losing a CDL can affect you differently than losing your personal driver’s license. If you have made a career out of operating a CMV, your job and finances could suffer greatly if you are disqualified from holding a CDL. The Federal Motor Carrier Safety Administration (FMCSA) has developed guidelines for how CDL violations are categorized and how they are punished.

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 Posted on October 08,2018 in License Reinstatement

There 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.

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 Posted on September 24,2018 in DUI

Being 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.

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 Posted on September 12,2018 in DUI

The 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.

Here are some tips to help you prepare for the first meeting with your defense attorney:

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 Posted on August 23,2018 in DUI

Most 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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 Posted on August 06,2018 in DUI

When 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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 Posted on July 31,2018 in DUI

Every 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.

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 Posted on July 10,2018 in DUI

Illinois 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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