1555 Bond Street, Suite 103A
Naperville, IL 60563

Se Habla Español
Call Today for a Free Consultation

Call Us630-448-2001

Recent Blog Posts

What Happens If You Get Caught Using a Fake ID?

 Posted on June 21, 2022 in Criminal Defense

Will County Criminal Defense AttorneyIndividuals in Illinois must be at least 21 years old to buy cigarettes or alcohol. However, many teens and young adults do not want to wait until they are of legal age to purchase these products or enter 21+ establishments like bars and clubs. They instead obtain a fraudulent identification card or driver’s license with the hopes of evading Illinois law.

Possessing a fake ID is a criminal offense in Illinois. It is also illegal to create or distribute a fake state ID card or driver’s license. These offenses are punishable by driver’s license suspension, heavy fines, and jail time.

Illinois Laws Regarding Fraudulent IDs

Using a fake ID to buy alcohol or otherwise evade Illinois law can lead to criminal charges that dramatically impact your future.

You can face Class A misdemeanor charges for:

Continue Reading ››

Illinois Marijuana Laws in 2022: What You Need to Know

 Posted on June 09, 2022 in Criminal Defense

DuPage County Drug Crime LawyerLike many states, Illinois has legalized the use of marijuana or cannabis. However, there are still many rules regarding how, when, and where cannabis may be used. Possessing or consuming marijuana in violation of Illinois law can lead to serious repercussions, including driver’s license suspension or even jail time. It is important for every Illinois resident to be aware of the current marijuana laws and the penalties for violating those laws.  

Possession of Marijuana is Limited

In 2020, Illinois legalized the use of marijuana for recreational purposes. You do not have to have a medical condition to be allowed to consume marijuana anymore. However, there are certain restrictions on the amount of marijuana a person can possess. Adults aged 21 or older may possess up to 30 grams of cannabis flower or “buds,” up to 500 mg of THC in a food “edible” or other product, and up to 5 grams of cannabis concentrate. Possession of greater than these amounts can lead to criminal charges. If you are caught with greater than 100 grams (3.5 ounces) of cannabis, you could be charged with a felony. It is also unlawful to smoke or otherwise consume marijuana in schools, government buildings, or on public transportation. Only licensed marijuana dispensaries are allowed to sell marijuana.

Continue Reading ››

What is the Difference Between a Formal and Informal Secretary of State Reinstatement Hearing?

 Posted on May 25, 2022 in DUI

Kane County DUI Defense LawyerDriving under the influence of alcohol, leaving the scene of an accident resulting in injury, drag racing, and other criminal offenses can result in the revocation of a person’s driver’s license. Unlike a driver’s license suspension, driver’s license revocation is indefinite. You cannot simply pay a fine and get your license back after the suspension period is over. To reinstate a revoked license and regain driving privileges, you will need to attend a formal or informal Secretary of State hearing.

Informal Secretary of State Hearings

If you were arrested for a first-time DUI offense, you will likely be able to attend an informal Secretary of State hearing. Informal hearings are held at DMV locations throughout the state. You do not need to schedule the hearing in advance. Informal hearings are held on a walk-in basis. You will meet with a hearing officer for the Secretary of State and demonstrate to the hearing officer that you have taken the required steps to reinstate your license.

Continue Reading ››

Refusing a Breath Alcohol Test: Clearing Up the Confusion

 Posted on May 11, 2022 in DUI

Kane County Criminal Defense LawyerDriving under the influence of alcohol is a criminal offense punishable by significant penalties in Illinois. DUI offenders are subject to driver’s license revocation, expensive fines, vehicle impoundment, and even jail time in certain situations.

Alcohol breath tests, often referred to as breathalyzers or intoximeters, measure the amount of alcohol on a driver’s breath. The results of a breath test are often a crucial component in a DUI case. Consequently, many people wonder if they can refuse to take an alcohol breath test. This blog will explore the advantages and disadvantages of refusing a breathalyzer in Illinois.

Understanding the Two Types of Breath Tests in Illinois DUI Cases

There are two types of breath alcohol tests used in Illinois drunk driving cases. When a police officer suspects a driver of drunk driving, the officer may ask the driver to take a roadside breath test. The subject is asked to blow into the device, and the device displays the driver’s blood alcohol content (BAC) on a screen. If the driver’s BAC is above 0.08 percent, the driver is arrested for DUI. These small,  handheld testing devices are called preliminary breath tests. The purpose of a preliminary test is to give police officers probable cause for a DUI arrest. The results of preliminary tests are not used as evidence in a DUI case.

Continue Reading ››

Five Facts About Restricted Driving Permits in Illinois

 Posted on April 18, 2022 in DUI

DuPage County Traffic Violation LawyerIn Illinois, drunk driving is penalized by both administrative and criminal consequences. If you were convicted of driving under the influence (DUI), you may face fees and jail time. Your driver’s license may also be revoked. Once your license is revoked, it is illegal to drive. Driving with a revoked license can lead to further criminal penalties. Fortunately, you may be able eligible for a Restricted Driving Permit.

A Restricted Driving Permit May Get You Back on the Road Legally

Losing the ability to drive can be a major burden. Most people drive multiple times a day to go to work, transport their kids to and from school, attend medical appointments, and more. The most important benefit of a Restricted Driving Permit is that it can get a person back on the road without needing to break the law.

Continue Reading ››

Are Blood Alcohol Tests Always Accurate?

 Posted on April 11, 2022 in DUI

Aurora Criminal Defense LawyerIn Illinois, an individual is considered to be intoxicated by alcohol if he or she has a blood alcohol content (BAC) of 0.08 percent or greater. Breath tests like breathalyzers are just one way of measuring the amount of alcohol in a person’s system. Blood tests, or tests that directly test the amount of alcohol in someone’s blood, are also used in drunk driving cases. Blood tests are often considered more reliable than breath tests. However, many different issues can cause a blood test to be inaccurate.

If you or a loved one were charged with driving under the influence (DUI), it is important to remember that it may be possible to avoid conviction even with a failed blood alcohol test.

Three Major Problems with Blood Alcohol Tests

When police suspect that someone is driving under the influence of alcohol, they may ask the person to complete a field sobriety test or take a breathalyzer test with a handheld device. These tests may provide probable cause for a drunk driving arrest. Once the person is arrested and taken to the police station, they may be subjected to further testing, including a blood test. The blood test may also be given at a hospital.

Continue Reading ››

Need to Drive During Your Statutory Summary Suspension? You May Qualify for a Monitoring Device Driving Permit

 Posted on March 24, 2022 in DUI

Kane County Criminal Defense AttorneyTypically, when someone is arrested for a criminal offense, he or she is not subject to penalties or punishments until he or she is convicted of that crime by a judge or jury. However, drunk driving arrests are different than other types of arrests. If you are arrested for driving under the influence (DUI), you are subject to an administrative penalty in the form of a driver’s license suspension. Once your license is suspended, it is illegal to drive and doing so can lead to additional criminal charges.

If you lost your license due to alleged drunk driving, you may still be able to regain the ability to drive legally through a Monitoring Device Driving Permit (MDDP).

Statutory Summary Suspension of Your Driver’s License After A DUI

Many people do not realize that you can lose your license for drunk driving even if the court ultimately finds you not guilty of drunk driving. A statutory summary suspension is applied when a DUI suspect either fails a chemical breath test like a breathalyzer or refuses to take a chemical test. So, if you blow over a 0.08 percent blood alcohol content (BAC), you could lose your license. Typically, the statutory summary sentence becomes effective 46 days after the DUI arrest. If you have not been arrested for DUI within the last five years, the driver’s license suspension is six months. If you refused chemical BAC testing, the suspension period is one year.

Continue Reading ››

Can I Get a DUI for Driving Under the Influence of Prescription Medication in Illinois?

 Posted on March 11, 2022 in DUI

Kane County DUI LawyerMost people take one or more prescription medications on a daily basis. You may be surprised to know that it is possible to be charged with driving under the influence (DUI) for driving after taking medication – even if the medication was prescribed by a physician and taken legally.

DUI convictions can result in revocation of the offender’s driver’s license, steep fees, and depending on the circumstances, jail time.  If you or a loved one were charged with drunk driving because of prescription medication, contact a DUI defense lawyer for help.

DUI for Doctor-Prescribed Medicine

It is hard to believe that something rightfully prescribed by a doctor can lead to DUI charges. However,  Illinois law states that a driver may be charged with DUI for:

Top Questions About Field Sobriety Tests in Illinois

 Posted on February 21, 2022 in DUI

Naperville Drunk Driving Defense LawyerWhen police officers suspect someone of driving while intoxicated by drugs or alcohol, they may ask the driver to take a field sobriety test. These tests are supposed to help officers determine whether or not a person is intoxicated. If the results of the field sobriety test indicate intoxication, the officer may ask the suspect to take a breath test or “breathalyzer.” The individual may be charged with driving under the influence (DUI) and subject to administrative consequences and criminal penalties. Read on to learn about some of the top questions regarding field sobriety tests in Illinois.

The purpose of field sobriety tests is to help law enforcement determine if there is evidence of impairment. Often, field sobriety test results are used as justification for a DUI arrest. 

Understanding The Three Most Common Tests

  • Horizontal Gaze Nystagmus – Alcohol has many different effects on the body. One such effect is an involuntary jerking of the eyeballs. Police may ask a suspect to follow a pen or other object with his or her eyes which they watch for signs of irregular eye movement.

    Continue Reading ››

How Does My Risk Classification Affect Driver’s License Reinstatement?

 Posted on February 15, 2022 in License Reinstatement

Kane County Criminal Defense AttorneyIn Illinois, drivers can lose their licenses for several different reasons. One of the most common reasons for driver’s license suspension or revocation is driving under the influence (DUI). Once your license is suspended or revoked, it becomes a criminal offense to drive any motor vehicle.

A driver’s license suspension eventually ends, and the driver can get back on the road legally. However, getting your driving privileges back after a revocation requires additional steps. You will need to attend either an informal or formal driver’s license reinstatement hearing with a representative from the Illinois Secretary of State (SOS) and demonstrate that you have taken the required steps. The steps you are required to take are largely based on your risk classification.  

Continue Reading ››

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