Archive for the ‘Naperville DUI’ Category
August 30th, 2013 at 2:10 pm
In Illinois, it is illegal to drive a vehicle under the influence of alcohol or other drugs. When it comes to alcohol, a person will be considered under the influence if they have a blood alcohol concentration of .08 or more, or if the circumstances indicate that they are unable to operate a vehicle safely.
One may be considered under the influence even if their blood alcohol content is substantially below .08, as long as there is enough evidence to show that they were not acting normally. In a DUI stop, the field sobriety test will be a strong indicator of this even without a breathalyzer test.
The first time a person is caught driving under the influence, they are subject to a Class A misdemeanor, revocation of their license and a minimum $750 fine. The second time they are caught, they will be subject to a Class A misdemeanor, license revocation, five days imprisonment (or 240 hours of community service), as well as having to have an ignition interlock device installed in their vehicle.
Illinois law also has harsher punishment for cases where the driver was driving while intoxicated while transporting a child under 18 or if there is an accident. If the there was an accident, the defendant is liable for all the expenses associated with emergency medical vehicles. Moreover, under Illinois law, each subsequent DUI (especially aggravated ones) will carry stiffer penalties.
Lastly, if a driver is found guilty of a DUI, they may also be ordered to undergo counseling to determine if they have a substance abuse problem.
The Illinois DUI statutes contain specific guidelines and impose stiff penalties on violators. However, those same guidelines can enable a person to fight or appeal their DUI charge if the process was flawed. If you are facing a DUI, do not take a chance, have an Illinois DUI attorney who knows the system fight for you.
August 26th, 2013 at 1:54 pm
Imagine this: you are sitting at a stop light with your loved one, awaiting your turn. Then, in an instant, your life is over because of another person’s lapse in judgment. This is what happened to Bryan Bulger, who was waiting his turn at a stop light. As he waited with his girlfriend sitting in the passenger seat, another driver, Jason Rymut, slammed into Bryan’s car while driving 83 miles per hour. The force of the impact caused Bryan’s car to crash into a third vehicle. The force of the impact caused massive injuries to Bryan’s head and body, killing him instantly. Bryan’s girlfriend and the driver of the third car survived, as did the drunk driver.
Prior to the crash, Rymut was using his cell phone and the black box in his vehicle revealed that he was driving at speeds reaching 86 miles per hour. During their investigation, police promptly smelled alcohol in Rymut’s breath and blood drawn at the hospital revealed that his blood alcohol content was .121, substantially more than the maximum Illinois allows.
Considering the evidence against him, Jason Rymut opted to plead guilty to charges of aggravated driving under the influence instead of taking a chance with a jury. The judge considered Bryan’s age, the emotional nature of the case, the toll that Bryan’s death had taken on his family and girlfriend, and sentenced Rymut to nine years in prison. The judge stated that Rymut’s decision to drive drunk showed a “callous disregard” for the safety of other people, ultimately taking Bryan’s life, and Rymut should spend his sentence contemplating the “horrific results of his collision.”
Drinking and driving is serious and can have devastating effects on the driver and the public. If you face DUI charges, consult an experienced Illinois DUI attorney.
July 22nd, 2013 at 10:08 pm
When people are convicted of DUI offenses, law enforcement has certain ways to keep them from driving drunk again. In 2009, Illinois instituted that breath alcohol ignition interlock devices (BAIID) should be installed in the vehicles of parties guilty of drunk driving.
The BAIID requires that the operator of the vehicle to breathe into a device that can stop the car from working if the blood alcohol level of the driver is equal to or higher than .05 percent. This has worked to varying degrees since the have been installed in cars, with DUIs declining overall since 2009.
Officials maintain that BAIIDs are often misused by the very people they are trying to protect. Some previous offenders have anyone else blow into the device, including children. Others have used tanks of compressed air in order to drive drunk. The problem is so bad that Illinois State administrator Susan McKinney estimates that of the 11,000 drivers with BAIIDs, over 3,000 are caught trying to drive over the limit every year.
Now an attempt is being made to even stop those circumventing these ignition devices. Prior to the 4th of July celebrations, Illinois has started including new technologies in ignition interlock devices. It is a camera which snaps a picture each time the device is used, that way there is no foul play or cheating the test.
Illinois DUI defense attorney Donald Ramsell is a major opponent of this new technology. Not only does he feel that this is an invasion of privacy but that the measure to add cameras to these devices is not supported by any evidence that proves their necessity.
If you have been pulled over under suspicion of DUI, don’t fight by yourself. The law office of Donald Ramsell has defended over 10,000 drivers just like you. Contact their experienced DUI defense attorneys in Wheaton who can advise you through this difficult time.