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New Illinois Aggravated DUI Law Goes Into Effect in 2018

Will County DUI Attorney

A new law in Illinois regarding driving under the influence (DUI) goes into effect in the new year . Under HB 3084, if an individual drives after their license has been suspended or revoked due to a DUI violation that resulted in a fatality, the individual will be sentenced in the same way an individual who is convicted of reckless homicide would be sentenced. This stricter DUI law would result in serious repercussions for those who drive after their license was revoked due to drunk driving that caused a death.

HB 3084 Provisions

The following provisions are included in this new DUI law :

• Subsection (a-5) of HB 3084 states that any individual who drives a vehicle on a driver’s license that has been revoked or suspended due to a conviction for aggravated DUI that resulted in a fatality will be guilty of a Class 4 felony.
• A person who drives after their license has been suspended or revoked because of drunk driving that led to someone’s death cannot have driver’s license reinstated for three additional years after their conviction.
• If an individual drives on a license that was suspended or revoked due to an aggravated DUI that resulted in the death of another, that person will be imprisoned for up to 30 days or will be required to complete 300 hours of community service.
• An individual who violates this law a second or subsequent time will be guilty of a Class 2 felony, and they will be required to serve a mandatory prison sentence without being eligible for probation or conditional discharge.

These are just a few provisions of HB 3084. While the new law covers situations in which DUI leads to someone’s death, any drivers who are convicted of driving under the influence and still drive on a revoked or suspended license may face fines and jail time.

Contact an Experienced Will County DUI Lawyer Today

At the Law Office of Jack L. Zaremba, we understand that mistakes and poor judgments happen. However, being convicted of driving under the influence can tarnish both your record and reputation. A DUI violation can lead to hefty fines, time in prison, and the loss of your license, which can seriously affect your ability to transport yourself and your family and earn an income. That is why our Joliet DUI defense attorney will aggressively defend you against any DUI charges and work to help you get back on the road as soon as possible. Contact us by calling 815-740-4025 today.

Should I Refuse a Breathalyzer Test?

Will County DUI Attorney

When a person is stopped by a police officer on suspicion of driving under the influence of alcohol , the officer may ask him or her to take a breath, blood, or urine test. Often, a field sobriety test and breath test are used during traffic stops to determine whether the driver’s blood alcohol content is above the legal limit.

Most people are familiar with the purpose of a breathalyzer. They have either themselves been asked to breathe into one in order to determine their blood alcohol content (BAC) or they have seen the process on television or in movies. If a driver’s BAC is found to be 0.08 or higher, he or she is considered legally intoxicated and will be charged with a DUI. But what happens if a driver simply refuses to take the blood alcohol content test?

Implied Consent and BAC Tests

By driving on public streets you are already consenting to a blood alcohol content test. Because Illinois has an “implied consent” law, you agree to submit to chemical testing for alcohol impairment by the act of driving a vehicle on the road. You may know that a criminal suspect must be read their Miranda rights before he or she can be interrogated by the police, and many believe that the same holds true for BAC testing. In reality, an officer does not need to read someone their rights or provide access to a lawyer before subjecting them to a chemical test the way they would before a police interrogation.

However, even though Illinois is an implied consent state, drivers still have the right to refuse a blood alcohol test. And if the driver has had more than a couple of drinks, refusal is typically the right decision. Drivers must know though, that by refusing the chemical test, longer license suspensions apply. Regardless of whether you take the breath test or refuse, you will still able to contest your license suspension in court.

Suspensions in Illinois vary based on the individual’s DUI history and whether they are considered a “first timer”, that is whether they have had a DUI or DUI suspension within the last five (5) years. The first time a person refuses to take a chemical BAC test, their driver’s license is suspended for one year. A second or third refusal (within that 5 year period) will result in their driver’s license being suspended for three years. If a person takes the chemical BAC test and fails it—meaning that their blood alcohol content is above the legal limit—their license will be suspended for six months for a first offense or one year if the driver has that previous DUI arrest or DUI suspension within the last 5 years.

Get Help With Your DUI Case

If you have been charged with a DUI or have questions about your rights, contact an experienced Joliet criminal defense attorney today. Call 815-740-4025 for a free consultation at the Law Office of Jack L. Zaremba.

Recovering Evidence in a Criminal Defense Case

joliet attorney

Evidence is a very important variable when it comes to nearly any investigation and criminal defense strategy . Sometimes a lack of evidence is what helps a defendant win their case, while in other situations, evidence is exactly what you need to protect your freedom. It is interesting to see the lengths to which some will go to collect that evidence.

Evidence Collection in the Palm of One’s Hand

Although developed and promoted for use by first responders and law enforcement, there are a number of mobile apps which can now aid in the collection of evidence at crime scenes. Some examples of the new technology available for such procedures include:

• Pocket CSI includes tools for taking audio notes, calculating skid marks, projecting blood splatter trajectory, and recording other details.
• MEA Forensics provides step-by-step assistance for those dealing with the examination and preservation of forensic evidence.
• Ballistic Energy Calc allows technicians working the field to learn the ballistic energy of a projectile by performing the necessary calculations.

Going to Great Lengths

Some defendants feel it is necessary to put their own health at risk in an attempt to retrieve evidence retrieve evidence they feel is important to their case. One case which is currently taking place in Chicago is an especially interesting demonstration of the steps people will take to recover evidence that may be helpful to their defense.

A man currently in custody in Cook County is asking a judge to order doctors to retrieve a bullet that has been inside his body since 2012. In making his request, the defendant claims that the bullet, and its value as evidence in this case, could be just the thing that prevents him from spending the rest of his life in jail. Although attorneys on both sides are not commenting, many medical and legal experts have said they do not ever recall a similar request ever being made.
When facing criminal charges, it is important to work with a criminal defense attorney who possesses a thorough understanding of the rules dictating the collection, handling, testing, transfer, and storage of evidence. These rules exist to ensure your rights are protected.

Find a Joliet Criminal Defense Attorney Who Will Fight to Protect Your Freedom

Even when you feel the case against you is weak, or the facts support your version of the story, the strongest defense is one built by an experienced and knowledgeable Illinois criminal defense lawyer who understands the nuances of the law and how the court system works. The Law Office of Jack L. Zaremba offers every client a meticulous review of your case and an aggressive defense strategy designed to fight the charges against you. To learn how we will put our experience and resources to work for you, call 815-740-4025 and schedule a free consultation.

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