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Recent Blog Posts
Facing a Second DUI? Understand the Possible Consequences and Defense Strategies
Driving under the influence (DUI) is a serious offense regardless of the circumstances. However, the stakes are higher if this is your second DUI arrest. If you or a loved one were arrested for drunk driving for a second time, make sure to work with an experienced DUI defense lawyer.
License Suspension for Second DUI
If you took and failed a breath alcohol test or blood alcohol test, your driver’s license will be suspended the 46th day from the date of your arrest and your suspension can rage from 6 months to 1 year. However, if this is a second DUI arrest, your license could be suspended for up to 3 years if your previous DUI was within the last 5 years of arrest.
Generally, a second DUI conviction is a class A misdemeanor and carries the following penalties if found guilty:
- A fine of up to $2,500
- Mandatory 5 days in jail or 240 hours of community service
What Are My Child's Rights if they are Charged with a Crime?
Juvenile crime is a complex issue that affects not only the young defendants but also their families and communities. Today, we will discuss crimes juveniles are often accused of, police interrogation rules for juveniles, and common questions regarding juvenile crime. If your son or daughter has been charged with a crime, do not hesitate to contact a juvenile criminal defense attorney.
Illinois Juvenile Justice System
Juvenile crimes are usually handled in a separate justice system, as it is generally recognized that young people have a greater capacity for change and rehabilitation. In Illinois, the juvenile justice system aims to provide rehabilitative services and interventions to help young offenders get back on track and prevent future criminal behavior. In addition, the system strongly emphasizes the child's best interests, recognizing that children and adolescents have unique needs and vulnerabilities.
Some of the most common crimes that juveniles are charged with include:
Driving Under the Influence of Drugs
Are you facing charges of driving under the influence of drugs? You are not alone. Nearly 44 percent of drivers in fatal crashes have tested positive for drugs and in some cases, drivers were under the influence of more than one drug. It does not matter if the drugs were prescribed or illegal, you could face serious legal consequences if you are convicted.
How Drugs Interfere with Your Ability to Drive
Drugs such as marijuana, opioids, cocaine, and prescription drugs have a profound effect on a person’s brain. These are some ways in which driving under the influence of drugs can interfere with a person’s ability to drive:
- Reaction Time
- Judgment
- Driver’s motor skills
- Perception
- Attention
Implied Consent
In Illinois under the implied consent law when you operate a motor vehicle you automatically give consent to a breathalyzer, blood, or urine test. However, as we have discussed in previous articles, you can refuse field sobriety testing and refuse all chemical tests, including the breath test. It’s only in certain circumstances that an officer can compel you to provide a chemical test, typically in Type A accident cases and or in cases of a court order from a judge. A refusal to complete chemical tests may impact the suspension of your license for a longer period, but this suspension can always be contested in court.
Don’t just pay that Traffic Ticket
Drivers all over the state of Illinois are regularly stopped for all kinds of alleged traffic violations with the most common being speeding. Illinois drivers need to understand that the issuance of traffic tickets are never the final word, and you always have the right to fight your ticket in court.
Many people assume that criminal defense lawyers only help when someone has been accused of a serious crime. However, a criminal defense lawyer experienced in traffic violation defense cases might be able get your ticket dismissed or lower the fines and penalties. This will result in fewer points of your driver’s license. Speeding is certainly the most common kind of traffic offense for which people are ticketed in Illinois, but there are many other types of tickets for which legal representation could make an enormous difference in the outcome.
How Illinois Handles Traffic Tickets
As the Illinois State Bar Association notes in its Guide to Illinois Traffic Courts, traffic courts hear more cases than any other type of court in the state. When a police officer issues a ticket, they will request a signature that ensures a person’s agreement to appear in court or to pay a required fine in lieu of court.
Defending a DUI in Will County
Many people who are arrested for driving under the influence (DUI) in Illinois automatically assume that their guilt has been proven and they will be convicted. The truth is that most clients are able to successfully fight their DUI charges.
When a person is arrested for any kind of alleged DUI offense, it is important to get an experienced criminal defense attorney involved in the case as soon as possible. There are a variety of defenses a person may be able to use depending on their situation. Here are some of the ways to contest your DUI charge in Illinois.
Possible Defenses Against DUI Charges
For someone to be convicted of driving under the influence, they must be proven guilty beyond a reasonable doubt. Many DUI defense strategies involve casting doubt on the defendant’s guilt by pointing out weaknesses or inconsistencies in the prosecution’s case against the defendant. Anything from mistakes during the breath test to incorrect police procedure during the arrest may be used to defend against a conviction.
Getting Your Driver’s License Reinstated After a DUI Arrest
While jail sentences and convictions are usually two of the foremost concerns of driving under the influence (DUI) offenders in Illinois, the loss of driving privileges can be an issue that causes many additional problems for people. It is important for people to understand that the State of Illinois can take two different actions with a driver’s license, revocation or suspension.
A suspension is a far more lenient punishment because a person only loses driving privileges for a specific period of time and the license becomes reactivated as soon as a person pays their license reinstatement fee. Revocation is another matter entirely because, after the period of revocation ends, a person still cannot drive until they first attend a hearing with the Illinois Secretary or State to seek license reinstatement.
Seeking Reinstatement of Driving Privileges
In a driver’s license revocation case, a person will usually have to schedule a hearing with the Illinois Secretary of State. SOS license reinstatement hearings can be formal or informal. An informal hearing is permitted for people with only one DUI and general first offenders for other offenses, while multiple offenders and more serious violations can lead to formal hearings. Formal reinstatement hearings are similar to courtroom trials and must be scheduled in advance. Informal hearings require no advance scheduling.
Is my DUI Arrest a Felony?
While most first-time arrests for driving under the influence (DUI) in Illinois are misdemeanor offenses, drivers need be aware that there are situations in which aggravating factors could allow for prosecutors to seek felony charges for drunk driving. Felony DUI cases are always more severe than misdemeanor cases because defendants will be facing much stricter penalties and punishments if convicted.
One of the most common reasons for felony DUI charges are repeat DUI offenses. Subsequent DUI charges are felonies when a person has at least two prior DUIs. Any kind of felony conviction can damage long-term prospects on a person’s ability to obtain employment, federal benefits, or college admissions.
Felony DUI Charges in Illinois
While first and second DUI convictions are customarily Class A misdemeanors, a third or fourth conviction will be classified as a Class 2 felony. A fifth conviction is a Class 1 felony and a sixth or subsequent conviction will be a Class X felony.
Possible Defense Strategies for CDL Drivers Accused of Drunk Driving
If you make your living as a commercial truck driver, getting arrested for driving under the influence of alcohol can put your commercial driving license or CDL in jeopardy. The same applies if you are a delivery driver or a bus driver. You need to act quickly and fight your DUI from the get-go. A DUI defense attorney can help you mount a strong defense to try to protect your livelihood.
Legal Alcohol Limit for CDL Holders
Getting a CDL is harder than getting your typical driver’s license. That is why the rules of the road are stricter for commercial drivers. The Federal Motor Carrier Safety Administration holds truck drivers to a higher standard. The legal limit for blood alcohol concentration or BAC is 0.08 percent for most drivers. For a CDL driver, the legal limit is just .04 percent. The same is true for commercial truck drivers across the nation. These drivers spend significantly more time on the roads and highways compared to other people and they often transport passengers or hazardous materials, so the law is stricter for them.
Can I Refuse Sobriety Testing and or the Breath Test during a DUI Arrest?
Implied Consent Law
In Illinois we have what is called an Implied Consent Law. When you first applied for a driver's license, you implied your consent to various requirements of the law. One of those requirements you consented to is blood alcohol testing (BAC). You should know that you can choose not to submit to BAC testing during or after a DUI stop. The maximum suspension you could receive is 3 years, depending on your background.
You do not have to agree to field sobriety testing or the breath test during a DUI stop. It is a guarantee, however, that the police will pressure you to complete these tests. There are some situations, however, where the police can obtain a warrant from a judge to force you to take a blood test in order to determine your BAC. This typically happens in cases of car accidents where great bodily harm occurred to another driver. In those limited instances, you can be forced to submit to a blood test even if you have refused to give consent. Knowing your rights in advance of a DUI stop is vital if you end up facing DUI charges.
Are You Accused of Shoplifting?
While smash-and-grab robberies are making headlines, retail theft at a smaller scale is also costing retailers billions. Stores and malls alike are elbow-to-elbow with holiday shoppers. Some people may think no one is watching. There is a tendency to take advantage of the crowded atmosphere to take items without paying. However, the penalties for shoplifting are harsh and anyone accused of shoplifting should retain legal counsel right away.
Shoplifting and Retail Theft in Illinois
Retailers expect a busy holiday shopping season and they have heightened security measures in place. Retail crime is costing retailers about $700,000 per $1 billion in sales. Store managers and employees will not just notice shoppers taking something without paying; they have prepared precisely for this scenario. They realize that retail theft takes various forms, it can include price switching to save money, transferring items from one container into another one, or fake merchandise returns.
