Archive for January, 2014
January 30th, 2014 at 12:13 pm
When arresting a person on charges of a DUI offense in Illinois, there is a proper procedure all officers must follow. The 2013 Illinois DUI Fact Book outlines these steps so that drivers will know what to expect.
First, an officer must stop your vehicle at a roadside safety check or have adequate probable cause or reasonable suspicion to pull you over. This can include observing unusual operation of the vehicle by the driver. Once safely pulled over, the officer may spend a few moments talking with and observing the driver before requesting the driver’s license, registration, and insurance.
If the officer suspects the driver is under the influence of drugs or alcohol, they may ask the driver to submit to a series of field sobriety tests. Once these are completed, the officers can either release the driver, or if they have probable cause based on the results of the field sobriety tests, they can place the driver under arrest for DUI. Anyone who refuses to complete the field sobriety tests can have their license suspended under the law.
If the driver is placed under arrest, they will be taken to the police station, where a blood-alcohol concentration (BAC) test of their breath, blood, or urine will be administered.
If the BAC is found to be between .05 and .08 percent, and no drugs are found in the driver’s system, the DUI charge remains in effect until the court decides otherwise, however the driver’s license does not automatically get suspended. If the BAC is shown as .08 or more, or if there is any evidence of drugs in the driver’s system, the driver will receive immediate notice that their license has been suspended.
If you have been accused of a DUI offense, and believe that the proper procedures were not followed, contact an experienced Illinois DUI defense attorney right away. They can ensure your case is fairly represented in court, and ensure you do not receive any undeserved punishment under the law.
January 27th, 2014 at 3:59 pm
Generally, when one thinks of a DUI charge, it applies to someone who has been driving a car. However, this is not always the case. A DUI charge in Illinois may apply if you are driving another form of vehicle such as a boat, small watercraft, or even an all-terrain vehicle.
The recent case of 24-year-old Katheryn J. Daly is a good example. According to The News-Gazette, Daly was driving a John Deere Gator on County Road 1700 E on October 6 when she hit a patch of wet gravel. The vehicle skidded out of control, left the road, and eventually rolled onto its side. The passenger, Katheryn Daly’s 19-year-old cousin Annie Daly, was trapped underneath the vehicle and later died of her injuries.
Katheryn Daly admitted to police that she had been drinking earlier that night at a relative’s house, and failed field sobriety tests. A blood-alcohol test administered at the county jail revealed that her blood-alcohol concentration was 0.13 percent, well over the Illinois state DUI limit of 0.08 percent. She has been charged with misdemeanor driving under the influence of alcohol and failure to reduce speed to avoid an accident. She is scheduled to appear in court on November 8.
She faces serious penalties under the law, which may include hefty fines and jail time.
DUI laws are complicated, and it can be difficult to know where your case falls, or how the law applies. Whether you were driving a car, all-terrain vehicle, or watercraft if you have been accused of a DUI offense, contact an experienced DUI attorney in Illinois that you can trust. Our professionals can help you ensure that your case is being treated fairly under the law, and make sure that you receive adequate representation in court. Contact us today for a free case evaluation.
January 23rd, 2014 at 10:41 am
Alex Tapia-Aguilar, 34, of Round Lake, was charged with drunken driving and arrested after slamming into a police car while intoxicated, according to the Chicago Tribune. Tapia-Aguilar was driving on the wrong side of the road when he hit the squad car, and injured a police officer in the process. He is now facing “two counts each of aggravated driving under the influence and DUI,” according to the Chicago Tribune. “After the crash, the officer had to climb out of his window to stop Tapia-Aguilar because of the extent of the damage to his vehicle,” the Tribune reports. The officer was taken to Vista Health System, treated for his injuries, and released. Tapia-Aguilar refused medical help at the scene.
Damage to both cars was extensive, the Tribune reports. It isn’t clear if sobriety tests were administered immediately following the crash, but Tapia-Aguilar told police that “he thought the car might have been delivering papers,” according to the Tribune. Tapia-Aguilar was also “charged with driving without a valid driver’s license, driving without insurance, improper lane usage, failure to reduce speed to avoid an accident and criminal damage to state-supported property,” the Tribune reports.
Aggravated DUI carries a heavier punishment than DUI, according to the 2014 Illinois DUI Factbook. “Any mandatory term of imprisonment or community service is not subject to suspension or reduction,” the Factbook states. An aggravated DUI can apply to a number of different scenarios including (but not limited to):
- A third or subsequent DUI
- DUI committed while driving a school bus carrying one or more persons age 18 or younger
- DUI resulting in great bodily harm
- DUI committed without a valid license
- DUI committed without car insurance
- DUI committed after a previous conviction for reckless homicide while DUI
- DUI resulting in death
Illinois is a Zero Tolerance state, which means that if you’re pulled over and your BAC measures .01 or greater you can be ticketed. To have a BAC of .01 a normal adult of any weight needs only to consume one drink in an hour.
If you or someone you know has been charged with DUI in Chicago, don’t go through it alone. Contact Ramsell & Associates today.