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metabolic tolerance, functional tolerance, Wheaton breathalyzer defense attorney, DUI charges, DUI breathalyzer testWhen an officer pulls over a driver for suspected drunk driving, he or she makes no distinction over whether the suspect is male or female. The decision to charge a suspect with DUI stems from a variety of factors, such as a breathalyzer, blood alcohol test, or behavior indicators. If the breathalyzer returns a blood alcohol concentration number of 0.08 percent or higher, charges are likely to follow.

However, research shows that women are more likely than men to incur a DUI charge when drinking the same amount of alcohol.

Explanation of Functional Tolerance

Alcohol affects everyone differently, which is the result of a variety of elements that have little to do with whether someone is a “lightweight” when it comes to handling his or her alcohol. Having a functional tolerance to alcohol may enable a person of the same sex, weight, and age to have the same amount of alcohol but perform at a higher functioning level, which may prevent an initial traffic stop; when comparing breathalyzers, an equal BAC results in identical charges.

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DuPage County criminal defense lawyer, smart technology in court, Fourth Amendment rights, Fifth Amendment rights, criminal investigatorsAs technology advances, our lives seemingly become easier. We track our movements and sleep habits with products like Fitbit. We run searches, order new bedding, and schedule appointments by the sound of our voice using Siri and Alexa. Even hearts have technological assistance from pacemakers. Yet while these devices simplify our daily activities, they also simplify investigations for police officers. Your smart technology can and will be used against you in a criminal case.

Pacemakers

As one man discovered in 2016, the ever-present “Big Brother” has a location inside of pacemakers as well. According to the man, he was asleep when his Ohio home caught on fire. He quickly packed a suitcase with clothes, several other bags with various items, his computer, and a charger for his medical device. He then used his cane to break a window, toss out the belongings, and flee the burning home. The police became suspicious of the man when his story changed details. Additionally, both he and his house smelled of gasoline, and the fire had multiple starting points, which is highly unusual. Police retrieved data from the suspect’s pacemaker which, after medical analysis, did not match up with the man's version of what happened. The case is still awaiting trial.

Fitness Trackers

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DuPage County defense attorney, warrantless entry,  unreasonable searches and seizures, expectation of privacy, Fourth AmendmentThe proverbial expression, “a man’s home is his castle” refers to the rights of individual privacy within one’s own home. Like the ruler of a domain, residents determine who may enter and who must stay outside. You have rights granted by the Fourth Amendment that protect your home against unreasonable searches and seizures. However, if exigent circumstances exist, officers may still legally enter.

What Does the Law Say?

The Fourth Amendment to the Constitution of the United States protects citizens’ expectations of the right to privacy by preventing the government from entering homes, searching belongings, or taking items without following proper protocol. This protocol standard does not protect information available to the public, however, because there is no expectation of privacy. The police do not need to ignore what they see when it is available to everyone’s view and thus gives them reasonable suspicion and allows them to stop and frisk a suspect or search an area.

For example, if an officer pulls over a driver and sees a weapon and a bag of marijuana in plain view, then there is no expectation of privacy. However, an officer must have a warrant when exploring a domicile or other private sector, and a warrant is only issued by a judge after the presentation of probable cause—there are facts available that would be suspicious to any reasonable person.

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DUI charges, DUI cases, Wheaton DUI defense attorney, effects of alcohol, DUI-related accidentAlcohol can have many pleasurable effects on the body, especially at the start of consumption. The consumer begins to feel calm, confident, relaxed, happy, and sociable. However, at a point that is unique to each individual person, alcohol starts to have negative repercussions on the body.

Finding that small window between relaxation and inebriation is difficult. Those who misjudge and attempt to drive home while impaired are at risk for DUI charges, among other potentially catastrophic results. 

The First Drop

During the first sip of alcohol, approximately 33 percent absorbs immediately into the bloodstream via the stomach lining. After that initial reaction, the alcohol begins to make its way into the small intestine, where it slowly seeps into the blood.

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DuPage County criminal defense attorney, Battered Woman Syndrome, PTSD,  domestic violence, repeated domestic abuseVictims who endure prolonged, severe and numerous episodes of domestic violence frequently have physical, mental, or emotional damages. In many cases, the psychological trauma lasts longer than the physical symptoms.

Anxiety, Post Traumatic Stress Disorder (PTSD), and depression are all commonly observed in domestic violence survivors. Another consequence stemming from the trauma is Battered Woman Syndrome, which can either make the injured party endure the abuse without retaliation or defend themselves, so the violence ends indefinitely.

The Stages of Battered Woman Syndrome (BWS)

Battered Woman Syndrome is now regarded as a form of PTSD and is accepted legally as a psychological disorder. Over time, the sufferer becomes so depressed and defeated that he or she begins to believe he or she alone is the cause of the abuse and there is no way to escape it. This learned helplessness can convince a victim to stay an unhealthy relationship. Sometimes, the individual remains because he or she hopes his or her abuser will change. This belief originates from the conditioning from “honeymoon phase” of the abuse cycle, which is:

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Abraham Lincoln A lawyer’s time and advice are his stock and trade. -Abraham Lincoln
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Chicago Office
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Phone(312) 985-5676
Fax(888) 350-9195
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Address58 N. Chicago Street, 7th Floor,
Joliet, IL 60432
Phone(815) 582-4901
Fax(888) 350-9195
Davi Law Group, LLC handles criminal law matters for clients in Chicago and throughout the western suburbs including DuPage County, Will County, Kane County, Kendall County and Cook County and the cities of Aurora, Bloomingdale, Bolingbrook, Carol Stream, Darien, Downers Grove, Elmhurst, Geneva, Glen Ellyn, Hinsdale, Joliet, Kendall County, Lisle, Lombard, Naperville, Oak Park, Oak Brook, Oswego, Park Ridge, Roselle, St. Charles, Villa Park, Warrenville, Wheaton, Winfield, Woodridge and Yorkville.

 

 

 

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