Archive for the ‘BAC testing’ Category

CBS Reporter Arrested for DUI to Challenge Suspension

January 14th, 2014 at 8:10 pm

CBS Reporter Arrested For DUI To Challenge SuspensionIn early January CBS 2 Chicago reporter Dave Savini was arrested for DUI, misdemeanor battery charges, and endangering the life of a child after he left the scene of a traffic accident, according to the Daily Herald. The accident occurred in the parking lot of a Naperville Taco Bell. “The driver of the other vehicle told police that he wanted to report the collision to police,” the Daily Herald reports, “but Savini refused.” The driver took a photo of Savini’s license plate, which is how authorities were able to prove his involvement in the incident.

When he was arrested, “Savini had two children under age 18 in the car, hence the endangering charge,” according to the Daily Herald. He was released on $3,000 bond “shortly after 4am on the charges, which include a misdemeanor hit-and-run charge.”

In the days that followed his arrest, according to the Chicago Tribune, it was announced that Savini “will legally challenge the suspension of his driving privileges following his weekend arrest for driving under the influence.” When arrested, the Tribune reports, Savini’s blood alcohol level was .134, nearly twice the legal limit. It is suspected that the two teenagers in Savini’s car were his children, according to the Tribune. “According to court documents, Savini had the odor of alcohol on his breath and he had bloodshot, glassy eyes,” the Tribune reports. He is expected to appear in court on January 21.

According to the 2013 Illinois DUI Fact Book, a publication of the State Attorney General’s office, suspension of a driver’s license is standard procedure following a DUI arrest. If it is a person’s first arrest for DUI and he or she tests positive for an illegal blood alcohol level, “a statutory summary suspension provides for the automatic suspension of driving privileges” for six months.

If you or someone you know has been charged with DUI, the most important first step is to contact a DUI attorney. Don’t go through it alone. Contact the Law Offices of Ramsell & Associates today.

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.

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