1555 Bond Street, Suite 103A
Naperville, IL 60563

Se Habla Español
Call Today for a Free Consultation

Call Us630-448-2001

Recent Blog Posts

How Does a High BAC Impact DUI Sentencing in Illinois?

 Posted on August 23, 2021 in DUI

Will County DUI Defense LawyerIn Illinois and most other states, the legal blood alcohol concentration (BAC) limit for drivers is 0.08. Though it is possible to be charged with a DUI with a lower BAC if there is other evidence of intoxication, it becomes more difficult to fight a charge when chemical test results show a BAC of 0.08 or above. However, you may be wondering what happens if you are charged with DUI and your BAC registered at much higher than 0.08.

According to the National Highway Traffic Safety Administration (NHTSA), a driver’s abilities can become significantly more impaired as their BAC increases. At a BAC of 0.15, a driver can experience vomiting and major loss of muscle control and balance, which can make a serious accident much more likely. Illinois aims to curb highly-intoxicated driving behavior by enforcing stricter penalties for drivers who are convicted of DUI with a BAC of at least twice the legal limit, or 0.16.

Continue Reading ››

4 Things to Know About Statutory Summary Suspensions in Illinois

 Posted on August 09, 2021 in DUI

DuPage County DUI LawyerYou may be aware that if you are convicted of driving under the influence (DUI) in Illinois, your driver’s license will be revoked for at least a year. However, it is also possible to lose your driving privileges for a time even before your criminal case is resolved. Illinois drivers who are arrested and charged with DUI can be issued an automatic statutory summary suspension of their license if they fail or refuse a chemical test designed to detect the presence of alcohol and other controlled substances. If you have been arrested, here are some important things to understand about a statutory summary suspension.

Refusing a Test Results in a Longer Suspension Than Failing a Test

Illinois has an implied consent law that requires drivers who are arrested for DUI to submit to a chemical test. If you refuse the test, you face a statutory summary suspension of 12 months for a first offense. On the other hand, if you submit to the test and fail, meaning you are found to have a blood alcohol concentration (BAC) of at least 0.08, a THC concentration of at least 5 nanograms per milliliter of blood, or any amount of illegal drugs in your system, you will face a suspension of only six months for a first offense.

Continue Reading ››

How Can I Prepare for my Formal License Reinstatement Hearing?

 Posted on July 23, 2021 in DUI

IL DUI lawyerA vast amount of people in the United States require their own form of transportation to maintain their livelihood and continue their daily routine. Driving, however, is a privilege and that privilege can get taken away under certain circumstances. Fortunately, this privilege can also be reinstated if you take the right steps. If your driver’s license has been revoked due to an offense involving multiple DUI charges or a fatality, you will need to attend a formal hearing with the Secretary of State (SOS) to reinstate your license.

What to Expect Prior to the Formal Hearing

To have a successful administrative hearing, there are several steps you must take before the hearing takes place. First, a written request must be mailed in, including a $50 filing fee. Any emailed or faxed requests will not be acknowledged. The request must include various personal information, including the petitioner’s full name, current address, and social security number. These requests are accepted 90 days after the most recent hearing. Once the request and fee are received, the hearing will be scheduled.

Continue Reading ››

How Can I Get Out of a DUI in Illinois?

 Posted on July 09, 2021 in DUI

IL defense lawyerIn Illinois, being arrested and charged with driving under the influence of alcohol can lead to a range of criminal consequences and administrative penalties. Most first-time DUIs are punishable by fines up to $2,500, community service, a six-month driver’s license suspension, and mandatory alcohol education classes. Second and subsequent DUIs or DUIs involving aggravating circumstances are punished more harshly. Some DUI offenses can even lead to lengthy jail sentences. If you have been charged with drunk driving in Illinois, it is crucial that you work with a skilled DUI defense lawyer.

Possible Defenses Against DUI Charges

If you have been arrested and charged with a DUI, you are facing serious penalties and a permanent criminal record. However, it is important to remember that being charged with DUI is not the same thing as being convicted of DUI. In Illinois, criminal charges including drunk driving charges must be proven beyond a reasonable doubt. There are many different defenses that may be used to weaken the prosecution’s case against you, including:

Continue Reading ››

Can I Lose My CDL for Texting and Driving?

 Posted on June 29, 2021 in Traffic Violations

IL defense lawyerOver the last several years, there has been a growing number of serious car accidents caused by distracted driving due to texting and other handheld cell phone use. In response to this problem, Illinois and many other states have begun to implement laws restricting the use of electronic devices while driving, including for drivers of commercial motor vehicles. If you are accused of texting while driving, you could face serious consequences, including the suspension of your commercial driver’s license (CDL).

Penalties for Handheld Cell Phone Use

According to Illinois law, drivers of commercial vehicles are prohibited from texting or using a handheld mobile phone while operating their vehicles, including while the vehicle is in motion and while it is stopped in traffic or at a traffic signal. When a driver who holds a CDL is convicted of violating these laws, the violation becomes part of their driving record. If the offense constitutes a second serious traffic violation within three years, the driver can lose their CDL for up to two months. If the offense constitutes a third violation within three years, suspension of the CDL can extend up to four months. The State of Illinois can also assess fines and driver’s license points for a texting or handheld cell phone use violation, which may impact even the driver’s personal driving privileges.

Continue Reading ››

What Are the Zero Tolerance/Underage Drinking Laws in Illinois?

 Posted on June 07, 2021 in DUI

IL defense lawyerAs teenagers and young adults experience the freedom of having a driver’s license, many find themselves in situations that involve drinking and driving. For individuals under the age of 21, being convicted of a DUI can lead to very serious consequences, including criminal penalties and the loss of driving privileges. If you or your child find yourself in this situation, it is important to discuss your case with a skilled DUI defense lawyer. Fluent in English and Spanish, Attorney Patricia Magaña has over 15 years of legal experience helping clients minimize or eliminate the negative consequences of a DUI charge.

Zero Tolerance Law

In the state of Illinois, individuals of all ages may be charged with a DUI. If a driver under the age of 21 is found with alcohol in his or her system, he or she is subject to lose their right to operate a motor vehicle. Upon a police stop, if the officer has reason to believe that the motorist has any trace of alcohol in their system, that officer has the right to request a chemical test. After the test is administered, the officer must submit a sworn statement to the Secretary of State’s office, which will then lead to the suspension of the motorist’s license. If the motorist refuses to submit to testing, his or her driving privileges will be suspended.

Continue Reading ››

What Are the Financial Penalties for Overweight Trucks in Illinois?

 Posted on May 24, 2021 in Traffic Violations

IL defense lawyerTrucking weight restrictions were established throughout the United States in order to preserve our roads and promote safety. Trucks and vehicles that are carrying excess amounts of weight can damage streets and highways, creating safety hazards for other motorists. In the state of Illinois, if a police officer has reason to believe that a truck is overweight, he or she can require the driver to stop the vehicle and submit to a weighing. If it is determined that your vehicle is in violation, serious financial penalties may result. If you are a CDL holder who has been cited for a weight restriction, Attorney Patricia Magaña is prepared to help. Fluent in English and Spanish, Attorney Magaña has more than 15 years of experience helping commercial drivers contest violations.

Financial Penalties for Trucking Weight Violations

In Illinois, a commercial truck driver may face weight restriction violations if:

Continue Reading ››

Can My Driver’s License be Suspended or Revoked in Illinois for Fraud?

 Posted on May 10, 2021 in Criminal Defense

IL defense lawyerBeing accused of identity fraud can be a very frightening experience. In the state of Illinois, individuals who are facing fraudulent ID charges may be charged with a misdemeanor or felony, depending on the circumstances of their case. Regardless if a conviction is made, however, the Secretary of State does have the authority to suspend or revoke your driver’s license. If you have lost your driving privileges due to ID fraud charges, it is important to discuss your legal needs with a skilled attorney as soon as possible.

Actions That Can Lead to a Suspended or Revoked License

In Illinois, the Secretary of State is eligible to suspend or revoke an individual’s driver’s license if her or she:

  • Has lent his or her driver’s license or identification card to another person for fraudulent purposes
  • Is in possession of and/or is attempting to use another person’s driver’s license or identification card

    Continue Reading ››

What Is the Lookback Period for DUIs in Illinois?

 Posted on April 30, 2021 in DUI

IL DUI lawyerIf you are convicted of driving under the influence in Illinois, a number of factors will determine the sentence you serve. One of the biggest factors the court will consider is your criminal history and whether you have previous DUIs on your record. If you do have previous DUI convictions on your records, the court may consider how long it has been between convictions.

Many states place a lookback period on DUI cases and that timeframe is typically five to ten years. If a conviction occurred before the lookback period, the courts cannot consider it. After being charged with a DUI, you may wonder if Illinois has a lookback period if you have prior convictions. Unfortunately, Illinois does not have such a law on the books.

Prior DUI Convictions Matter in Illinois

Due to the fact that Illinois does not have a lookback period for DUIs, any prior conviction of a DUI can be considered when a judge is determining a sentence for a subsequent offense. DUI convictions, like all traffic violation convictions, are also permanent, which means the prosecution can seek a harsher penalty for you even if your last DUI was over ten years ago.

Continue Reading ››

FAQs About CDL Violations

 Posted on April 16, 2021 in Traffic Violations

IL CDL attorneyA commercial driver’s license (CDL) is not just your license to drive. It is a way to earn an income to support yourself and your family. As a commercial driver, you must follow all of the same traffic laws as other drivers, but you are also regulated by other state and federal laws. It is not surprising then, to have many questions when you are accused of violating these laws. If you carry a CDL, below are some of the most frequently asked questions about CDL violations and the answers to them.

Is Court Supervision Available for CDL Violations?

When non-commercial drivers face traffic violations, court supervision is often a better alternative than a conviction. However, CDL holders should never undergo court supervision. The Illinois Secretary of State treats court supervision for CDL drivers as though it was a conviction, so it will not help you avoid suspension of your CDL or disqualification. Even if you were in your own vehicle at the time of the offense, court supervision will still appear on your public driving record.

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