Archive for the ‘Illinois DUI lawyer’ Category

Know the Law: The Proper Chronology of a DUI Arrest

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.

 DUI arrest IMAGEFirst, 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.

Man Charged with DUI after Slamming into Cop Car

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.

DUI Police Crash IMAGEDamage 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.

 

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.

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