Archive for the ‘unconstitutional law’ tag

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.

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