Posted on October 26,2021 in DUI

Illinois is one of many U.S. states that have eliminated or dramatically reduced criminal penalties for marijuana possession and use. Cannabis flower and cannabis products like “edibles” are now legal to possess in Illinois -- regardless of the user’s medical need. However, marijuana possession, cultivation, and distribution are still limited and regulated by law. Furthermore, it remains illegal to operate a vehicle while under the influence of marijuana. Smoking and driving or “drugged driving” can lead to charges for driving under the influence (DUI).

DUI Involving Cannabis in Illinois

Marijuana is legal for recreational use in Illinois. However, this does not mean that Illinois residents can use cannabis behind the wheel. Research shows that cannabis impairs decision-making abilities and motor coordination. It also increases reaction time which makes it harder for drivers to avoid collisions. Because marijuana intoxication increases the risk of getting into an accident, it is illegal to operate a car while under the influence of marijuana.

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 Posted on October 11,2021 in License Reinstatement

In Illinois, an individual’s driver’s license can be suspended or revoked for driving under the influence of alcohol DUI), receiving several driving violations, failure to pay toll road fees, and even failure to pay child support. If an individual’s license is revoked, the only way to reinstate the license and recover the ability to drive is to meet certain eligibility requirements and attend a Secretary of State (SOS) driver’s license reinstatement hearing.

Informal Driver’s License Reinstatement Hearings

There are two types of license reinstatement hearings in Illinois. If you lost your license due to a first-time DUI or moving violation, you will probably be eligible for an informal reinstatement hearing.  Informal hearings are conducted at an SOS Driver Services facility. Unlike a formal driver’s license reinstatement hearing, most informal hearings are conducted on a walk-in basis. However, this does not mean that you should walk into an informal hearing unprepared.

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 Posted on September 28,2021 in DUI

Getting arrested for driving under the influence of alcohol (DUI) is cause for serious concern, and you may feel that your entire future is at risk due to a rare lapse in judgment. For many people, one of the most troubling thoughts is the idea of spending time in jail after an arrest or conviction. Jail time is certainly possible for DUI offenders in Illinois, but it is often possible to avoid it, especially with the help of an experienced DUI defense attorney.

Police Custody After a DUI Arrest

If you are arrested for DUI, you will almost certainly be taken into the police station by the arresting officer, at least for a short time. At the station, you will be asked to submit to chemical testing of your blood alcohol concentration, which you cannot refuse without having your driver’s license suspended, and you may also be questioned by law enforcement. However, you do not have to answer these questions before speaking with an attorney.

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 Posted on September 10,2021 in License Reinstatement

According to Illinois law, there are a number of violations for which a CDL driver can face fines and the temporary suspension of their commercial driver’s license. These penalties can have quite serious consequences, especially for those who rely on their CDL for their livelihood. However, some violations can come with even more serious consequences, including a lifetime disqualification of a driver’s CDL. If you are facing charges for one of these CDL violations, it is crucial that you have a strong defense strategy.

Which CDL Violations Can Result in Lifetime Disqualification? 

In Illinois, CDL drivers will rarely face a lifetime disqualification of their license for a first violation of any kind. However, there are several offenses for which a first violation will result in disqualification for at least 12 months. If a driver commits two of these offenses, or the same offense twice, in two separate incidents, the penalty increases to a lifetime disqualification. The violations for which this applies include:

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 Posted on August 23,2021 in DUI

In 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.

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 Posted on August 09,2021 in DUI

You 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.

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 Posted on July 23,2021 in DUI

A 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.

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 Posted on July 09,2021 in DUI

In 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:

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 Posted on June 29,2021 in Traffic Violations

Over 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.

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 Posted on June 07,2021 in DUI

As 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.

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