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Wheaton DUI defense lawyerThe legal blood alcohol content limit for anyone operating a motor vehicle is 0.08 percent. Consequently, many motorists assume that an individual may only be arrested for driving under the influence of alcohol or drugs (DUI) if their blood alcohol content is above this limit. However, it is possible to be arrested for DUI even if you pass a breathalyzer test or refuse to take the test. If you have been arrested for DUI, knowing your rights regarding DUI-related traffic stops, breathalyzers, and blood tests is key to forming a strong defense against the charges.

Illinois Law Does Not Require a Failed Breath Test for a DUI Arrest

In Illinois, 0.08 percent BAC or higher is considered intoxicated “per se” or intoxicated by law. However, Illinois law does not require per se intoxication for a DUI arrest. The law states that it is illegal to be in “actual physical control” of a vehicle while:

  • Under the influence of alcohol

  • Under the influence of an intoxicating compound that makes the driver unable to drive safely

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DuPage County criminal defense attorney expungement

Having a criminal record can impact your ability to gain employment, suitable housing, educational opportunities, and more. A mistake you made in your youth can influence your life years or even decades later. Some individuals have arrests on their record even though they were not actually convicted of the offense for which they were arrested. Fortunately, there may be a way to get your criminal record erased or “expunged” in Illinois. If you do not qualify for expungement, you may still qualify for record sealing.

Qualifying Criteria for Expunging a Criminal Record in Illinois

When a criminal record is expunged, the documentation of the arrest or charges is destroyed. The record will not show up on a background check. It is as if the charges never happened. Many people do not realize that even if they are acquitted of criminal charges or the case is dismissed, there is still a record of the arrest and charges. Fortunately, you may be able to file a petition with the court to have your record expunged. You may qualify for expungement if:

  • Your case was dismissed or acquitted

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DuPage County criminal defense attorney juvenile offense

If you are a minor who has been arrested and charged with a crime or you are the parent of a juvenile offender, you may be unsure of what to expect. You may have heard that children can sometimes be treated the same as adults in an Illinois criminal case but do not know the circumstances under which this can occur. Anyone under the age of 18 is a minor in Illinois; however, there are situations in which a minor may be tried and sentenced as if he or she was an adult. The alleged offense, the offender’s age and background, and other factors can influence where a juvenile case is heard.

Factors Considered by Illinois Judges in Juvenile Criminal Cases

Illinois judges have discretion when it comes to juvenile criminal cases. When determining whether to send a minor to juvenile court or adult court, the judge will consider:

  • The alleged offender’s age – The older the juvenile offender is, the more likely he or she is to be tried as an adult.

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DuPage County criminal defense attorney felony DUI

All DUI charges are serious, and a conviction for driving under the influence of alcohol, marijuana, or other drugs can lead to the revocation of your driver’s license, the requirement to use an ignition interlock device in your vehicle, significant fines and legal fees, and even a prison sentence. However, you may face even more serious charges if you are accused of committing aggravated DUI, which is a felony offense.

Aggravating Factors in DUI Cases

In most cases, a first-time DUI or a second DUI will be charged as a misdemeanor. A third or subsequent DUI will be charged as a felony. A conviction will result in a 10-year driver’s license revocation for a third offense and a lifetime revocation for any subsequent offenses.

Felony DUI charges will also apply in cases involving aggravating factors such as:

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DuPage County criminal defense attorney DUI

There are multiple ways that you could lose your driver’s license. Drunk driving is one of the most common reasons for the loss of driving privileges. A first-time DUI conviction will result in a one-year driver’s license revocation, and longer revocations will apply to second or subsequent DUI convictions. However, even if you are not convicted of DUI, you will be subject to a statutory summary suspension of your license if a chemical test performed after being arrested showed that you had a blood alcohol content (BAC) of .08 percent or more or if you refused to take a chemical test. Other potential reasons for license suspension or revocation include receiving three traffic violations within a single year or failing to pay child support.

Losing your driver’s license can create a great deal of difficulty in your life, so you will want to make sure you can regain your driving privileges as soon as possible. This means that you will need to take the necessary steps for driver’s license reinstatement as soon as your period of suspension or revocation has been completed.

The Illinois Driver’s License Reinstatement Process

In most cases involving driver’s license suspension, you will be able to have your license reinstated by paying a reinstatement fee. However, if your license has been revoked, you will need to complete additional requirements and demonstrate that you will be able to drive safely and responsibly once you regain your driving privileges.

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Abraham Lincoln A lawyer’s time and advice are his stock and trade. -Abraham Lincoln
Warrenville Office
Address28371 Davis Parkway, Suite 103, Warrenville, IL 60555
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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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