Every year thousands of Americans are injured in drunk driving accidents, because of this law enforcement officials are constantly on the lookout for signs of inebriated driving. In the state of Illinois, drunk-driving was the primary cause of approximately 28% of all traffic deaths, throughout 2018. Perhaps it should come as no surprise that over 28,000 DUI arrests were made throughout the state, in 2018. If you are facing DUI charges after injuring another party in an accident, it is time to seek out the help of a respected criminal defense attorney.

The Legal Ramifications

In the state of Illinois, a standard DUI charge constitutes a Class A misdemeanor, a $2,500 fine, and possible jail time. That being said, the legal ramifications of a DUI in which a person suffered injuries are much more severe. A DUI resulting in great bodily harm, permanent disability, or disfigurement constitutes a Class 4 felony charge in the state of Illinois. According to the Illinois’ Secretary of State’s Office, a Class 4 felony charge can lead to one to three years in prison, and fines up to $25,000 (not including the various other expenses in most DUI cases). The person will also face a license revocation period of two years, even if the incident was their first DUI charge.

If a driver is charged with a DUI while transporting a child 16 years of age or younger, and the child suffers injuries in a collision, the driver can face Class 2 felony charges. If convicted, the driver will likely face a three- to seven-year prison sentence, although the penalties for a Class 2 felony vary on the offense. A person will also face Class 2 felony charges for any DUI that results in the death of another party. It should be noted that the two-year license revocation period will commence at the end of the convicted party’s release from incarceration.

Here in the state of Illinois, law enforcement officials are constantly on the lookout for impaired drivers. Recognizing the fact that drunk drivers cause approximately 30% of all nationwide traffic fatalities, and over 10,000 each year, it should come as no surprise that police officers do everything in their power to prevent inebriated driving. According to the Secretary of State’s office, more than 29,000 people were arrested for driving under the influence of alcohol, throughout 2018 alone. While the sheer number of DUI arrests could indicate that a DUI conviction comes with limited legal ramifications, this could not be further from the truth. If you have been charged with driving under the influence, it is time to speak with a lawyer.

The Legal Consequences of a DUI

The first thing to understand about the consequences of a DUI conviction is that the charge will go on your permanent record and cannot be expunged. In other words, the conviction will impact your ability to secure employment, loan opportunities, and housing for the rest of your life. A first-time DUI offender will be charged with a Class A misdemeanor if convicted. Along with having a misdemeanor charge on their permanent record, the offender can also face up to one year in prison, and fines as high as $2,500.

It is important to understand that this is the minimum penalty a person will face for a first-time DUI. In the state of Illinois, there are a number of aggravating factors, such as driving without a valid driver’s license or causing serious bodily harm to another party, which can result in your DUI charge being classified as an aggravated DUI. An aggravated classification will result in the charges being elevated from a misdemeanor to a felony and lead to harsher criminal punishments.

In the state of Illinois, a DUI conviction can come with serious legal consequences. Even a first-time DUI offender will face Class A misdemeanor charges and a minimum revocation of driving privileges for one year. While it is always wise to comply with the requests of the officer and remain composed, it is also important to understand that refusing a breathalyzer test is not a criminal offense. Below we will discuss some of the reasons why you could consider refusing testing during a DUI traffic stop. If you have been charged with driving under the influence of alcohol, seek out the guidance of a knowledgeable attorney.

The Consequences

While refusing to take part in a breathalyzer test is not a criminal offense, it is an administrative offense. In other words, because driving is a privilege and not a right, you provide implied consent to submit to a breathalyzer test if requested by law enforcement officials, the moment you become a licensed driver in the state of Illinois. Because of this, refusal to submit to testing will result in a 12-month suspension of driving privileges. A driver that refuses testing will likely be eligible to continue driving with a Monitoring Device Driving Permit (MDDP). A second refusal will result in another suspension, this time for a three year period. A two-time offender will be deemed ineligible for an MDDP.

The Potential Benefits of Refusal

Refusing a breathalyzer test can be the right decision during a DUI traffic stop. First and foremost, a refusal can result in administrative offense rather than a criminal offense on your permanent record. It should be noted that a refusal to submit to a breathalyzer does not always mean the case will be dismissed. A prosecutor will face more challenges proving the DUI charges in court, without the evidence of a blood alcohol content result. The prosecution will rely on the officer’s statement, video recordings, any field sobriety testing that took place, and witness testimony. Without the evidence from a breathalyzer test, your attorney will have a better chance of ensuring that charges are dropped.

Every single day, hundreds of Illinoisans are ticketed for violating the state’s speed limits. With the sheer number of speeding tickets handed out by law enforcement officials each and every day, many people believe that a speeding violation is not a big deal. In all reality, a speeding violation can result in points against you on your license, and in some cases an automatic suspension or even a criminal charge. If you have received a speeding ticket, it is time to seek out an attorney that will fight for you.

The Impact of a Speeding Ticket

In the state of Illinois, even the most minor of speeding tickets will result in points against your driving record. If you are ticketed for driving less than 10 miles per hour over the speed limit, you will still receive five points against your driving record. As your speeds rise, so does the severity of the ticket. If you receive an aggravated speeding ticket (driving at speeds 26 miles per hour or higher than the legal speed limit), you will be facing misdemeanor charges, possible fines, and potential jail time.

Regardless of the seriousness of the violation, an accumulation of three more traffic violation convictions will result in a driver’s license suspension. The length of the suspension will be dictated by the number of points against the driver’s driving record. For instance, those with over 100 points on their driving record will face a one-year license suspension. It should also be noted that points against your license can almost immediately result in significant rises to your insurance rates

Commercial Driver’s Licenses (CDL) are not easy to come by. Drivers must pass a federal background check, submit medical forms, and pass state sanctioned skill and knowledge tests prior to obtaining their CDL. Keeping a CDL for a long period of time can be even more challenging, due to the strict punishments handed down for a CDL violation. Every single year upwards of 70,000 commercial truck drivers are charged with speeding alone, even a violation such as speeding can result in a CDL disqualification. In some cases though, a CDL violation is the fault of the employer. If you have been charged with a CDL violation, seek out legal assistance.

Employer Oversight Resulting in a Violation

There are a number of CDL violations that are solely the fault of the vehicle operator. A driver’s CDL can be disqualified for reckless driving, operating a commercial motor vehicle with a blood alcohol content over 0.04, and aggravated speeding. In other instances, a driver can receive a CDL violation due to employer oversight.

The Federal Motor Carrier Safety Administration (FMCSA) enforces trucking rules and regulations written in Title 49 of Code of Federal Regulations. Many of these regulations have little to do with the driver’s operation of the vehicle, and rather the company’s procedure. For instance, commercial truck drivers are only allowed to operate a vehicle for 14 consecutive hours, and a maximum of 11 hours per day. In many cases, a driver that is sanctioned for violating their hours limit is only doing so due to pressures set by their employer. Similarly, a driver can be sanctioned for driving an overweight truck, but either was misinformed on the weight of the cargo or was pressured by their employer to load additional cargo onto the truck. If a truck’s cargo is improperly or unsafely loaded, the driver could face consequences. In many cases though, the truck driver may have not been present during the time of loading.