Archive for October, 2013

Case Highlights Lack of Clarity in Illinois DUI Law

October 28th, 2013 at 1:25 pm

 Last month, constitutional issues surrounding a case where a young woman ran over and killed a 5 year old child were raised because of a clarity issue in the Illinois DUI law. Rather than drinking and driving, the woman involved in the case was huffing difluorethane, which is generally used as an electronics dust remover. Under Illinois law, that substance is not specially named as an intoxicant. This situation demonstrates the complexity of state DUI rules, which is why it’s so important to hire an attorney.

The woman in the case and her attorney are arguing that the four counts of aggravated driving under the influence she was charged with is a violation of her constitutional rights because the law is too vague, and she was not under the influence of an intoxicant, according to the law. Illinois does not include a comprehensive list of prohibitive substances under the intoxication statutes. The exact law does state that a driver cannot be “under the influence of any intoxicating compound or combination of intoxicating compounds to a degree that renders the person incapable of driving safely”.

In Illinois, aggravated DUI is defined as a crash leading to great bodily harm or permanent disfigurement. The driver in the above case drove her car onto the sidewalk, killing a child. One count of this charge is a Class 4 felony with a minimum sentence of one-year loss of driving privileges, mandatory 10 days of imprisonment (which may be changed to 480 hours of community service), a fine of up to $25,000, and possible prison time of up to twelve years. Multiple counts increases the penalties for any driver convicted of driving under the influence.

If convicted, the woman faces serious consequences. However, her attorney may be able to minimize the consequences of her charges if she is convicted.

In serious DUI cases with multiple components, you need an attorney you can trust. Major consequences can result if you are not working with an experienced DUI attorney in Illinois. Contact our offices today for a full evaluation of your case.

Other Alcohol-Related DUI Charges

October 25th, 2013 at 1:13 pm

Although many people immediately associate a DUI with being pulled over and failing (or refusing to take) a breathalyzer test, there are some other common alcohol charges that might be linked to your case. When combined with a DUI charge, you can face increased fines and jail time if convicted. If you have been pulled over for a DUI and been informed about additional charges, seek the assistance of an Illinois DUI attorney sooner rather than later. Fines for DUIs and related issues are serious and you need someone who will fight for you in court.

 Providing alcohol to individuals under the age of 21 carries stiff penalties. If you are found guilty of this charge, you could be imprisoned for up to one year and can face penalties up to $2,500. If you are found to be illegally transporting alcoholic beverages in your vehicle, a point violation will be linked to your record, you could pay a fine of up to $1,000, and if it’s your second conviction in a one-year period, your driver’s license may be suspended. Failing a chemical test on its own leads to a one-year driver’s license suspension and refusing to submit to the chemical tests leads to a three-year suspension, so this added penalties can have a serious impact on your future.

If arrested under the age of 21 for drunk driving, the consequences are even more serious. With statistics on the record that drivers under the legal drinking age are 10% of all licensed drivers but connected with 17% of fatal alcohol crashes, Illinois State Police and local police are committed to a zero tolerance policy for teenage drinking and driving.

If you have been charged with a DUI or other alcohol-related offenses, you need an attorney you can trust. Don’t leave your future up to chance- hire an experienced Illinois DUI lawyer today.

Short-Term and Long-Term DUI Consequences in Illinois

October 23rd, 2013 at 10:58 am

There are strict penalties for being convicted of a DUI, but there are also consequences that extend beyond the initial punishments. Being pulled over and arrested for DUI may have significant impacts on your life, so you need to retain a DUI attorney immediately.

 DuPage County DUI lawyerOn a first offense, you might face up to 1 year of jail time for your conviction. If there was a child under the age of 16 in the vehicle, you may be given additional jail time of up to 6 months. Fines can range as high as $2,500 on a first offense with additional fines for children in the car at the time. Additional consequences for a first time arrest include license suspension, the implementation of a Breath Alcohol Ignition Interlock Device (which must be used to start the vehicle), community service, and vehicle registration suspension. Additional offenses carry longer jail time opportunities, higher fines and community service requirements, and may result in a suspended license over a longer period of time.

A DUI conviction is serious, and those who are convicted might experience an array of other consequences as a result. A conviction becomes a permanent part of an offender’s driver record. The individual convicted may lose work time and have to complete community service hours in addition to their regular work schedule. Offenders are mandated to complete a drug and alcohol education course or treatment program before getting driving privileges back, either. The vehicle registration will be suspended and the individual convicted will be required to purchase high-risk automobile insurance for a period of three years. Finally, the Illinois Secretary of State has certain requirements in order for a convicted individual to get their driving privileges back after they have completed other punishments and courses. Since a DUI conviction can have such a strong influence on an individual’s life, it’s recommended that you contact an Illinois DUI attorney as soon as possible after your arrest.

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