Archive for the ‘DUI charges’ tag

Should You Refuse A BAC Test?

December 14th, 2013 at 5:47 pm

After having a few too many drinks, you decide to drive home. You are extremely careful to stay on the right side of the yellow line, and you keep the car within the posted speed limit. However, despite your best efforts, a siren appears behind you. A police officer comes to your window, asks if you have been drinking. Even though an experienced Illinois DUI lawyer would tell you not to admit to having consumed alcohol, you inadvisably admit to having had a few drinks at dinner. The police officer asks you to step out of the car, and then asks you to submit to a field sobriety test. The police officer determines that you failed the test, and the police officer places you under arrest for DUI.

breathalyzer & sobriety test ImageThe police officer is going to ask you to submit to a test to determine your blood alcohol content (BAC). This could take the form of a breathalyzer, blood, or urine test, or any combination of the three. You have a right to refuse to take any test. But should you?

Immediate Results of Refusal

Every driver is deemed to have given their implied consent to be tested for alcohol or drugs if they make use of the public roadways of Illinois. Refusal to take the test will result in a suspension of your driver’s license for 12 months minimum. If this is not your first time refusing a test, your driver’s license will be suspended for 3 years. What’s more, the fact that you refused the test can be used against you at your trial for DUI. However, an attorney can help you successfully fight both the DUI charges and license suspension.

Should You Refuse Anyway?

Conventional wisdom states that you should never give the police any evidence that could be used against you at trial. However, DUI is a unique problem, in that by withholding evidence from the police by refusing a test, your driver’s license is automatically suspended. What should you do in this scenario?

Once you are arrested, if you know that you are likely to fail any chemical test, you should likely refuse the test. Your license will still be suspended, but an Illinois DUI attorney may be able to attack the suspension, or get you a restricted driving permit to allow you to drive to get to work or pick up groceries. Further, you will not have provided the police with evidence to build their case.

No matter what you decide to do, a DUI arrest must be dealt with quickly, preferably by an attorney with experience. If you or someone you know has been arrested for DUI, contact an experienced DUI attorney today.

What is SR-22 Insurance?

July 29th, 2013 at 8:00 am

In Illinois, there are certain minimums of coverage that are required by motorists.  As of May of this year, Illinois lawmakers are proposing an increase from liability from $20,000 to $25,000 for the death of one person.  This would be the most basic coverage necessary for a person to drive legally.  Police officers routinely check for proof of insurance and vehicle registration even for routine traffic stops.

Another form that is necessary to prove that a person has car insurance is a SR-22 or Safety Responsibility-22 form.  It is filled out by an authorized insurance company to prove that a driver has insurance.  This form is submitted to the DMV and maintained unless the premium is not paid.  An SR-22 must be maintained for at least three years.  In the case of a missed payment, a SR-26 form is issued by the insurance company, which automatically suspends the driver’s license.

Car insurance

A SR-22 is necessary when trying to reinstate a suspended license due to any number of violations:

  • Driving without insurance,
  • Serious violations of traffic rules,
  • Volume of moving violations,
  • Driving under the influence of drugs or alcohol.

And also may be necessary for individuals who have received:

  • Mandatory insurance suspensions,
  • Unsatisfied judgment suspensions,
  • Safety responsibility suspensions.

The SR-22 can take one of three forms.  The first is as an Operator’s Certificate which covers the driver in any non-owned vehicle.  The second is an Owner’s Certificate which covers vehicles owned by the driver.  The third kind is a combination which is an Operators & Owner’s Certificate which covers all vehicles owned and not owned by the motorist.

If you have been pulled over for suspicion of DUI, then it is important to have the legal advice of a professional.  The consequences are too great to be put to chance.  Contact an experienced DUI attorney in Cook County who can help you keep your license and avoid insurance hassles.

Man Guilty of Speeding while Under the Influence Avoids Jail

March 11th, 2013 at 8:00 am

Over a year ago, 37 year old Dean Suominen was driving his 2008 Dodge Charger on Odgen Ave in Naperville.  He was driving fast at 142 mph according to the data recorder in his car.  With that amount of momentum, all the car had to do was hit a curb to create a potentially fatal accident in the morning of January 10th in 2012.

The force of Suominen’s car striking the curb sent the car airborne over a parkway and then leapfrogged off of another curb right into the post of a billboard.  Suominen walked away from the crash with minor injuries, whereas, his car was totaled.  Naperville’s Assistant City Attorney Mike DiSanto commented that Suominen “completely annihilated his vehicle.”

When emergency vehicles responded to this accident they verified that Suominen had a blood alcohol level of .20, which is close to triple the legal limit of .08.  Since making this big mistake, the man from Shorewood, Suominen has been trying to do everything right including getting therapy.

Suominen does not have a prior DUI record and was compelled to plead guilty to his first charges of misdemeanor DUI and reckless driving.  Given his remorse, the judge did not sentence him to time in jail for his crimes.  He was sentenced  to two years of probation, 100 hours of community service, counseling, and repay damages for the accident that he caused  totaling $3,000.

Being arrested for driving while intoxicated can potentially harm your future. If you have been charged with a DUI, you should seek out the help of a legal professional.  Contact a knowledgeable DUI defense attorney in Naperville today.

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