630-834-9595
24 Hour Availability 630-675-2788
630-834-9595
24 Hour Availability 630-675-2788
Blog
CALL US TODAY AT 630-834-9595 FOR A FREE INITIAL CONSULTATION
Subscribe to this list via RSS Blog posts tagged in Illinois drunk driving laws

Illinois defense attorney, Illinois criminal lawyerIn Illinois, a conviction of driving under the influence (DUI) is considered a misdemeanor. This fact is not saying that Illinois does not take DUI seriously, as there are approximately 35,000 people arrested annually for DUI-related charges. A misdemeanor conviction is also not getting away easy, as the state estimates that the total cost of a first-time DUI totals approximately $16,000.00 after the loss of licensure resulting in loss of income, insurance rate increase, fines, and other court costs. However, not all cases are created equal, and occasionally, clients are surprised to discover their charges are more severe than anticipated, that they face felony DUI charges instead. How does that happen and what does that mean for the future, if convicted?

First-Time DUI?

Even if this is your first experience with a DUI, it is possible to be facing felony charges. The prosecution must prove that the driver had a 0.08% blood alcohol concentration (BAC) or was impaired to have any leverage in court. These factors alone may result in the initial misdemeanor charge. However, if your situation involves another more severe factor, your case may jump to aggravated DUI, which is a felony charge. Factors that can make the difference include:

...

Illinois defense attorney, Illinois criminal lawyerSometimes you have no other choice but to pick up your children after drinking. Consider this scenario: you and your spouse are out to enjoy an anniversary celebration meant to last all night. You went the extra measure to hire a babysitter for the evening. Perhaps you even left emergency contact information for local friends or family in the area in case of an emergency. After midnight, you get a dreaded phone call that one of your child is throwing up and has a fever and none of the emergency contacts are answering their phones. Luckily, you have only had a few alcoholic beverages, and you feel confident in your driving abilities enough to go to get them. However, on the return trip home with a car full of the smells of a sick child, you get pulled over by an officer having a bad night. The mixture of the odors in the car lead the police to believe you may be intoxicated and to top off the night, you fail the sobriety test, leading to a DUI. What happens next?

A Rise in Prevalence

There is growing trend of incidents involving DUI and minor-aged passengers. Alarmed by the increasing number of incidents, state lawmakers in many states created laws specifically surrounding drinking and driving with children present. In Illinois, the threshold for being a minor in this incident is 16. If convicted, the following penalties may apply in addition to standard DUI penalties, provided the child is unharmed:

...

Posted on in DUI

Illinois drunk driving lawyer, Illinois defense attorneyMany often say that ignorance is bliss. The phrase is used notably either about the period before any devastating news was received or when others know the truth of a circumstance and the person living in it is unaware and happy in their non-reality. This term also has applications in a variety of legal settings. However, can ignorance of the law be used as a defense for DUI in Illinois?

Ignorance as a Defense

In limited circumstances, ignorance or a misunderstanding of the law is applicable as a defense. As with any defensive strategy, the details surrounding the event are key elements. If the questioned behavior is not obviously wrong, this may be an avenue to consider when planning defense cases. Ignorance potentially may be a solution if the following qualifications are satisfied:

...

Contact Us Today

Tell Us About Your Case

NOTE: Fields with a * indicate a required field.
*
*
*


Facebook
Twitter
Back to Top