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IL defense attorneyIf you have a commercial driver’s license (CDL) and face DUI accusations, you likely have many questions about how the charges may impact both your personal and your family life. As a professional driver, you are held to a higher standard than the typical everyday driver. DUI has severe consequences for all drivers, but for a CDL holder, you risk losing your license for a year or more, depending on the circumstances. As you probably know, if you do not have a license, you do not have a job with your CDL. It is essential to retain the services of an experienced DUI attorney to protect your way of life and your future.

In Your Personal Vehicle

While you are not “on the clock” or working, you are welcome to relax and enjoy an alcoholic beverage, if you so choose. However, be aware that if your blood alcohol concentration exceeds the legal limit of 0.08% and you decide to drive, you put your professional driving career on the line, even if you are in your personal vehicle. You face potential CDL disqualification for one year.

BAC Is under 0.08%

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IL defense lawyerThe shock of a DUI charge is sobering. Many of those standing accused become riddled with questions, such as, “How will this affect my future?” and “What should I do next?” DUI charges are severe accusations in Illinois, potentially resulting in criminal punishments. Not only do you face losing your right to drive, but you also may receive a criminal record. You may have already made one mistake too many at this point. Avoid making further errors by following these best practices.

Do Not Speak to Police without an Attorney

The police tell you when reading you your rights that you have the right to an attorney and anything you say can, and will, be used against you. Although they may say it out of habit, you should heed their warnings. Police receive specialized interrogation training, enabling them to elicit as much information out of a suspect as possible before they realize they have said too much. Do not wait until you have said more than you should. Retain an experienced attorney immediately before you say anything. Prevention is preferable to overcoming incriminating evidence.

Avoid Discussing Your Case with Friends, Family, and Co-Workers

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Illinois defense attorneyPolice officers frequently begin questioning potential suspects immediately upon initial contact. Questioning does not necessarily indicate that anyone is detained or arrested. Does that mean that you do not have to cooperate with the cops? In short, you have the right to remain silent, at least initially. There are pieces of information that are pertinent, and you should share with the questioning officer; however, you do not necessarily need to share any other information beyond those initial questions.

What Is Initially Required

Maintaining a polite demeanor throughout the experience often goes a long way toward helping your case. Being polite does not mean helping them build a case against you, however. If you are in a public place, the only information you are required to give is your name; which is only valid if the officer suspects you have committed or are committing a crime and they announce themselves as police personnel. Cops may also ask you to give your address and a reason for your behavior. You do not have to answer either of those questions legally.

Your Fifth Amendment Rights

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IL defense lawyerCocaine is considered one of the most addictive of all controlled substances; second only to heroin. The drug has medical usefulness, such as during anesthesia, but on the streets, it is highly illegal. Cocaine not only has severe and lasting physical effects on the body but can also result in lasting legal repercussions. Illinois state laws and lawmakers have stiff penalties in place to deter residents from becoming involved. Here is what to expect should you face cocaine possession accusations in Illinois.

Potential Penalties

Being found in possession of a controlled substance is a felony. Controlled substances in Illinois include heroin, cocaine, morphine, amphetamines, and anabolic steroids, to name a few. The potential penalties vary between drugs as well as the amount of the material thought to be in the suspect’s possession. Possession of cocaine is a Class 1 felony, which is punishable by a minimum fine of $200,000 as well as time in prison. The length of the prison sentence increase with the amount of cocaine found at the scene. Currently, the sentences are:

  • 15g-99g: Between 4-15 years in prison;
  • 100g-399g: Between 6-30 years of imprisonment;
  • 400g-899g: Between 8-40 years of imprisonment; and
  • 900g or Higher: Between 10-50 years of imprisonment.

The Burden of Proof

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IL defense lawyerOne of the perks of living in and around a big city is that everything is within walking or biking distance. Traditionally, with the better weather of summer months comes an increase in cyclists. We also find a correlating rise in the number of cycling while intoxicated cases. The incidents do not occur often enough for everyone to know the Illinois repercussions; however, the episodes are not entirely uncommon either.

The Legal Answers

It is common knowledge that driving yourself home in a motor vehicle after having too much to drink is dangerous for yourself, your passengers, and for everyone else on the road. Most people opt to have a designated driver, a cab, or a ride share take them home in those circumstances. However, when the weather is right, a bike ride does not immediately seem like a poor decision. Yet, there are unperceived dangers as well as potential legal complications to doing so. Under Illinois State law, a vehicle is anything that transports a person or property from one location to another, except if it is human powered. Meaning, your feet, and your bicycles are not vehicles. Therefore, taking a bicycle home is unlikely to result in a DUI charge, since you are not operating a car. A DUI on a bicycle is only possible under the following conditions:

  • You are intoxicated over the legal drinking limit;
  • The bike is motorized; and
  • The bike is capable of traveling faster than 20 miles per hour.

The Dangers of Biking While Intoxicated

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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
Phone(630) 657-5052
Fax(888) 350-9195
Wheaton Office
Address1776 S. Naperville Road
Building A, Suite 105
Wheaton, IL 60189
Phone(630) 580-6373
Fax(888) 350-9195
Chicago Office
Address321 N. Clark Street
Suite 900
Chicago, IL 60654
Phone(312) 985-5676
Fax(888) 350-9195
Joliet Office
Address58 N. Chicago Street
7th Floor
Joliet, IL 60432
Phone(815) 582-4901
Fax(888) 350-9195
Warrenville Office
Address28371 Davis Parkway, Suite 103, Warrenville, IL 60555
Phone(630) 657-5052
Fax(888) 350-9195
Wheaton Office
Address1776 S. Naperville Road, Building A, Suite 105, Wheaton, IL 60189
Phone(630) 580-6373
Fax(888) 350-9195
Chicago Office
Address321 N. Clark Street, Suite 900, Chicago, IL 60654
Phone(312) 985-5676
Fax(888) 350-9195
Joliet Office
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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