Archive for June, 2013

What Happens if You Refused the Test?

June 30th, 2013 at 9:10 am

Pam

Being pulled over for suspicion of DUI is a serious matter in the United States. To determine your blood alcohol content, the police officer may request to breathalyze or put you through field sobriety testing. There are also other test methods, such as, urine, breath or blood. You have the option not to take these tests, in which case the officer can arrest you and you may lose your driving privileges. Illinois has what is called implied consent law. This means that if the arresting offer has probable cause to believe that a driver has been drinking then it is understood that an Illinois resident is consenting to being tested. Any penalties you face due to refusing testing can be fought with the help of a DuPage County DUI lawyer.

In the case that you refuse testing, the officer must inform you that if you do refuse your license will be suspended. The first refusal will result in your license being suspended for a year. Prior refusals could mean suspicion of your driver’s license for three years. A full report of your refusal to be tested is sent to you and to the Secretary of State’s office. Again, your DuPage County DUI lawyer can help you fight for your driving privileges.

An officer can choose to arrest you even if you were not driving at the time the officer approached. If you have possession of the keys to a vehicle and are under the influence, the officer has the authority to make the arrest. However, there may be ways to beat a DUI in Illinois. Weaving while driving is not necessarily breaking the law. In some cases, standard sobriety tests may be inaccurate. Several factors could cause this and it is important to know that these factors may be.

If you have been arrested for a DUI in Illinois, it is critical to begin to fight for your rights as soon as possible. Getting the proper legal defense is in your best interest. Call an experienced DUI attorney who will help you keep your license and to help you defend your rights.

Image courtesy of Winnond at freedigitalphotos.net

Man Charged in Fatal 2012 Crash

June 26th, 2013 at 8:50 am

Man Charged in Fatal 2012 Crash IMAGEA 25-year-old man was charged in mid-June in connection to a May 2012 crash that killed a 13-year-old girl, and bail was set at $700,000, according to the Chicago Tribune. The man, Ronald J. Tenard, “has been charged with two felony counts of aggravated DUI in the death of Sade McGee,” who he hit while high on PCP before driving away. The crash occurred when Tenard’s 1998 Mercury Sable rear-ended a 1993 Buick LeSabre at high speed, “sending it into a fence, police and prosecutors said.” Tenard then managed to hit a parked car before he and a passenger both jumped out through the driver’s side window and ran away. They were “taken into custody nearby,” according to prosecutors and reported by the Tribune. Sade was declared dead at John H. Stroger Hospital, and a 2012 autopsy determined that the girl had died from multiple injuries resultant from the crash. While her death was originally ruled an accident, “investigators tested Tenard with a DUI kit, which later indicated he had both PCP and cannabinoids—substances indicating the use of marijuana—in his system,” according to the Tribune.

Drunk driving has long been a prevalent problem, the terrible consequences of which, according to the White House, Americans are all-too familiar. But the issue of drugged driving is more recent, and, according to the White House, the Department of Transportation and other Federal agencies alongside the Office of National Drug Control Policy are taking steps “to highlight the growing problem of drugged driving.” According to a National Highway Traffic Safety Administration study and reported by the White House, in 2007, “approximately one in eight weekend, nighttime drivers tested positive for illicit drugs.” In 2010, one in eight high school seniors “reported driving after smoking marijuana within two weeks prior to the survey interview.” In 2009, just less than 4,000 fatally injured drivers tested positive for drug use after a crash in which there was suspected use of illicit substances.

If you or someone you know has been charged with drugged driving, don’t go through it alone. The most important first step is to seek the counsel of an experienced DUI attorney. Contact our offices today.

Image courtesy of Victor Habbick / FreeDigitalPhotos.net

Man Arrested with BAC of .00

June 22nd, 2013 at 8:13 pm

LauraIn Arizona, a gentleman was recently arrested for driving under the influence although his blood alcohol content was revealed as a .00. The officer arresting Jessie Thorton told him “I can tell you’re driving drunk by the look in your eyes.” Mr. Thorton was concerned about his bad knees and hip, which was scheduled for surgery only two days later, and told the officer that his red eyes were caused from the swimming pool where he had just completed a workout. After being taken to the station, Mr. Thorton was required to take a breathalyzer test, which revealed no alcohol in his system.

Although the defendant was able to acquire an expert witness to verify his sober status at the time of testing, in the meantime Mr. Thorton’s car was impounded and he received a notification that his license was suspended pending his completion of a class. The charges were eventually dropped and the defendant filed a claim against the arresting officer.

If a police officer suspects that a driver is under the influence of alcohol, he or she can request a field sobriety test. There are several different types of tests that officers may use to determine the severity of drunk driving. These include an eye check, a walk and turn, the finger to nose test, the standing on one leg test, a preliminary breathalyzer test, and the rhomberg balance test (where suspects are asked to close their eyes and tilt their head back for approximately 30 seconds).

Those persons suffering from inner ear disorders or other health problems may be challenged to complete a roadside sobriety test that indicates drinking and driving even if they have consumed no alcohol. Unfortunately, being accused in the short term can make your life difficult, especially if your license is suspended or your car is impounded. If you believe that you have been wrongfully accused of drinking and driving, you need to communicate with an experienced Illinois DUI lawyer about your case.

 

 

1-800-Dial-DUI America's Top DUI & DWI Defense Attorneys
Super Lawyers
Leading Lawyers Network The Top Lawyers
1-800-Injurys America's Personal Injury Attorneys