Understanding the Role BAIID Devices Play in Illinois DUI Cases

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For most people charged with a DUI in Illinois , their driving privileges are automatically revoked. The Illinois Secretary of State’s Office will automatically suspend the driver’s license of anyone who fails a chemical test to determine his or her blood alcohol content (BAC) or who refuses to submit to a chemical test. Losing your driving privileges can put a strain on you and your family, which is why the state gives you a few options to regain your driving privileges if they have been suspended for reasons relating to a DUI. Any option you choose for driving relief will require the use of a breath alcohol ignition interlock device (BAIID), which is why it is important that you understand what they are and how they work.

What is a BAIID?

A breath alcohol ignition interlock device , or BAIID, is a small, cell phone-sized device that requires you to provide a breath sample before you are able to start your vehicle’s engine. The BAIID is hardwired into the ignition system of the vehicle and will not allow the vehicle to start unless the breath sample provided is registered as .025 or less. If your breath sample registers at anything over .025, your vehicle will not start, but your breath sample will be recorded and saved in the device.

During your trip, you will also likely be prompted to provide more breath samples at random intervals. This is to ensure that someone else did not provide the breath sample for you when you started the car and also to ensure that you are staying sober for the entire trip. Every 60 days, the Secretary of State’s office will download the information that has been recorded by the device. If the Office detects that there were violations, they will request an explanation for those violations. If your explanation is not sufficient or you do not respond to their request, you could face further sanctions and penalties.

Will I Have to Use a BAIID?

If your driver’s license was suspended or revoked for DUI , you will have to have a BAIID installed into any vehicle you intend to drive during your suspension or revocation period. You can opt not to have a driving permit or BAIID and instead refrain from driving during your suspension or revocation period, but you will face Class 4 felony charges if you are caught driving during this time.
Our Skilled Joliet, IL DUI Defense Lawyers are Here to Help

If you have failed a chemical test or refused to take a chemical test, you will have had your driving privileges take away from you. While this can be an inconvenience, you have the ability to choose an option for driving relief, but you will have to install and use a BAIID. Administrative penalties issued by the Secretary of State are separate from any criminal penalties you may be facing, so it is important that you act quickly by contacting a knowledgeable Will County DUI defense lawyer . At the Law Office of Jack L. Zaremba, P.C., we will fight to protect your rights at every turn. Call our office today at 815-740-4025 to schedule a free consultation.

What Are the Differences Between State and Federal Drug Crimes

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In news reports of major drug crimes , you may have noticed that the offenders are sometimes arrested by federal authorities, charged with federal crimes, prosecuted in the federal court system, and sentenced to federal prison. In other cases, the offenders are arrested by state or county officers, charged with violation of a state law, prosecuted in the state’s circuit court system, and sentenced to state prison. However, these reports usually do not explain why the offenders are being charged with a federal as opposed to a state crime.

Illinois has a Controlled Substances Act that closely mirrors the federal Controlled Substances Act . But, why does the state need a law if a federal law already exists? One reason is that state authorities may wish to act more quickly than the federal government in changing drug laws. A good example of this is the recent easing of penalties for marijuana possession in many states. Some states, like Illinois, have also been leaders in creating alternative sentencing programs for drug-addicted offenders that offer the option of a supervised treatment and rehabilitation program rather than prison.

The main factor that determines whether a person is charged with a federal versus a state drug crime is the nature of the crime. Federal drug charges usually involve high-volume drug trafficking across state borders or conspiracy to distribute drugs. The less serious crime of drug possession , on the other hand, is more commonly charged at the state level. The types of drug busts that result in federal charges generally involve kilograms of cocaine or heroin, whereas the sale of just a few grams of cocaine or heroin will more commonly result in state charges.

The penalties for federal versus state drug crimes can also vary. For example, at the federal level, a dealer caught with 280 grams of crack cocaine is subject to a mandatory minimum prison sentence of 10 years for a first-time offender or 20 years for a repeat offender. Only a person with a very limited criminal history, such as one or two prior misdemeanors, can avoid a federal mandatory minimum sentence. In contrast, at the state level, a dealer caught with that amount of crack faces a potential sentence of at least 9 years in prison, with no mandatory minimum prescribed by Illinois law.

A Will County Drug Charges Defense Attorney

If you have been charged with drug possession, manufacturing, distribution, or trafficking, call an experienced Joliet drug charges defense lawyer . Attorney Jack L. Zaremba has practiced criminal law in the Will County courts for more than a decade and will provide the aggressive defense you need. Call 815-740-4025 for a free consultation.

DUI Laws You Should Be Aware Of

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Most people know that the “magic number” when it comes to drinking and driving is 0.08 percent blood alcohol content (BAC). If you are driving and a police-administered Breathalyzer shows your BAC is above 0.08 percent, you are legally driving under the influence . However, DUI laws are not all this straightforward. Some individuals have even been charged with a DUI and they did not know they were breaking the law! One of the best ways to avoid a criminal DUI charge is to fully understand Illinois DUI law and your rights as a citizen. If you have been arrested for drinking and driving, legal guidance from a qualified criminal defense attorney can be a tremendously valuable asset.

Under the Legal Limit

Although the 0.08 percent BAC standard applies to most DUI situations, the rule is not the only way that person could face penalties. A driver could still be charged with driving under the influence in Illinois with a BAC under the legal limit, if prescription drugs or illegal drugs were present. In addition, drivers under the age of 21 can face stiff license penalties even if they are under the .08 BAC limit. Many young people experiment with alcohol before they are of legal age to do so. However, driving with even a small amount of alcohol in your system can result in punitive license consequences. For those drivers under age 21, a BAC of even just 0.01 percent is considered a failed test and can result in a license suspension under a zero tolerance administrative action.

An underage driver who fails a chemical BAC test for the first time will face a three-month driver’s license suspension. If the underage driver’s BAC is greater than 0.08 percent, the license suspension is six months. The suspension period is longer If the underage driver has been caught drinking and driving before. Underage drivers above the legal limit, convicted of a DUI, face a maximum sentence of 364 days in jail and a $2,500 fine.

Noticeable Impairment Alone Can Warrant a DUI Arrest

Alcohol affects everyone differently. Some drivers are obviously intoxicated and unable to drive safely even if their BAC is not technically over the legal limit. For this reason, Illinois law permits police officers to arrest any drivers who is “noticeably impaired.” If an officer witnesses a driver making erratic lane changes or driving unsafely, he or she will pull the car over. If the officer notices that the driver acts confused, is slurring his or her words, or otherwise seems drunk, the driver could be charged with a DUI even if they refuse the breath test.

Contact a Joliet DUI Attorney

If you are facing DUI charges, contact a Will County criminal defense lawyer for help. Call the Law Offices of Jack L. Zaremba at 815-740-4025 to schedule a free consultation.


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