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Special Considerations Regarding DUI Laws

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To a certain point, DUI laws are clear: Those caught driving with a blood alcohol content (BAC) over 0.08 percent are usually charged with driving under the influence. However, there are some instances where a driver can be charged with a DUI without meeting this criterion. Every citizen should be aware of the law, but those who have been charged with a DUI should especially be educated regarding the law.

DUI Without Being Over the Legal Limit

Most people know that the magic number when it comes to DUIs is 0.08. Anyone who blows into a breathalyzer and gets a blood alcohol content result equal to or higher than this can be charged with a DUI. In 2000, President Clinton signed a measure which effectively lowered the legal limit from 0.1 to 0.08 across the country. However, what many people do not know is that you can still be charged with driving under the influence without having a BAC higher than 0.08.

Noticeable Impairment

Drivers who are noticeably impaired are also at risk of being charged with a DUI – even if their blood alcohol limit is under 0.08 percent. For example, a driver who is noticeably slurring his or her words, cannot walk correctly, or is otherwise acting impaired while having alcohol in their system is at risk of being arrested and charged with a DUI. In cases like these, a driver with a BAC of 0.05 to .08 can still be convicted of a DUI if additional evidence shows the driver is impaired.

Have You Been Charged with a DUI?

If you have been charged with a DUI, you could be facing serious criminal consequences. You can also be facing a driver’s license suspension and depending on the severity of the circumstances, you may face fines and or jail time.

In order to increase your chances of avoiding imprisonment and the loss of your license, seek help from a qualified Will County criminal defense attorney. For a free, confidential consultation at the Law Office of Jack L. Zaremba, call (815) 740-4025 today.

3 Things to Remember About Concealed Carry of Firearms in Illinois

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As of mid-2017, over 250,000 Illinois residents have obtained a Concealed Carry License (CCL) for firearms, out of roughly two million residents with Firearm Owner ID (FOID) cards.

Firearms owners who have or are thinking about getting a CCL should be especially aware of the following three aspects of the Illinois Firearm Concealed Carry Act of 2013 ( which was amended in 2015):

1. The Definition of “Concealed Carry” on Your Person

By Illinois law, a CCL holder may (1) Carry a loaded or unloaded concealed firearm, completely or mostly concealed from view of the public, on or about his or her person, and (2) Keep or carry a concealed firearm on or about his or her person within a vehicle.

Many firearms owners have been concerned about the definition of “concealed.” For example, what if the gun is concealed under an unzipped jacket and the wind blows your jacket open? Has the gun owner just committed a crime? What if the rough shape of the gun or a “suspicious lump” is somewhat visible under close-fitting clothing (referred to as “printing”)?

As long as your intention is for the firearm to remain concealed, and any brief exposure is inadvertent, you are not guilty of a crime. A sharp-eyed bystander might still report you to a business security or police officer, who may then come and question you. But as long as you have your CCL in your possession, and you did not purposely reveal the firearm in an intimidating or threatening manner, you should not be in any trouble.

2. Concealed Carry Outside Illinois

26 other states recognize the Illinois CCL, including the neighboring states of Wisconsin, Michigan, Minnesota, Missouri, Kentucky, Indiana, and Iowa. You can carry concealed weapons in those “reciprocity” states as long as you have your Illinois CCL with you. However, before traveling with firearms anywhere outside Illinois, be sure to double-check the current laws in those states and cities.

3. FOID vs. CCL in Your Possession

While Illinois residents must still retain a current FOID card in order to possess and purchase arms and ammunition, you do not have to keep both the FOID card and the CCL in your physical possession. Your CCL alone is sufficient, so you can leave the FOID at home.

Protect Your Rights with a Will County Firearms Attorney

Should you ever be charged with a firearms offense in Will County or Grundy County, you want a lawyer who is a FOID and CCL holder himself and who is committed to defending your Second Amendment rights. Contact a knowledgeable Joliet gun rights attorney as soon as possible. For a free and confidential consultation, call the Law Offices of Jack L. Zaremba at 815-740-4025; calls are responded to 24 hours a day.

Illinois Legislators Considering Several New Weapons Bills

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In the wake of the death of a high-ranking Chicago police officer who was killed on the streets of the city in broad daylight late last month, Illinois elected officials appear ready to vote on a number of pieces of legislation that would narrow who could own a weapon in the state and the types of modifications one could make to certain firearms.

What Is On the Table

On the heels of both the murder of Chicago Police Commander Paul Bauer and the school shooting in Parkland, Florida, elected officials and members of the public from across the country have come out in favor of enacting new gun legislation that would hopefully put an end to the types of violence witnessed recently. Illinois is no exception, as the state House of Representatives is taking steps to vote on several new initiatives, including:

• The Paul Bauer Act: This Bill, named in honor of the slain Chicago police commander, would ban the sale of body armor and high-capacity gun magazines to everyone except law enforcement, licensed security guards, and members of the military. Bauer’s alleged assailant is said to have used both during the shooting.
Dealer Licensing: A separate bill would require all gun dealers in Illinois to become licensed with the state. This measure was passed, but later vetoed by Governor Rauner.
• Red Flag: This measure would allow family members or law enforcement to ask a court for permission to temporarily remove the firearms from an owner if that person is deemed to be a danger to themselves or others.
• Modifications: The “bump stock,” which was used by the assailant in the shooting in Las Vegas last year, would be illegal for sale or use in Illinois. This measure also passed.
• Ownership: Illinois lawmakers approved a move to prohibit anyone under the age of 21 from owning an “assault” style rifle.
• Enhanced screening: Another new measure would prevent anyone with a history of mental illness from purchasing a gun.

It remains to be seen if any or all of the new initiatives touted in Illinois will end up being signed into law by Governor Bruce Rauner.

Protect Your Rights and Freedom With Help from an Experienced Illinois Gun and Weapons Lawyer

Illinois has a number of gun laws, and the addition of new restrictions may make owning and using a firearm in this state even more confusing. However, you should never be confused about your Second Amendment Rights, and retaining the counsel of a knowledgeable Will County gun and weapons attorney will ensure your rights are protected. Contact the Law Offices of Jack L. Zaremba at 815-740-4025 today and schedule a free consultation to discuss your options when facing a weapons charge in Illinois.

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