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Category Archives: DUI

IL DUI lawyerWith 27,000 DUI arrests and 330 alcohol-related crash deaths in Illinois in 2017, you can understand why law enforcement and the courts take drunk driving offenses so seriously. Still, the State of Illinois also knows people can make one bad decision that should not necessarily devastate their life.

With that in mind, the state has options available for first-time offenders and other individuals who qualify so they can still earn a living and largely maintain their previous daily routine. One option is a breath alcohol ignition interlock device (BAIID), which around 12,000 Illinois residents have in their car at any given time.

BAIID Devices in Illinois

A BAIID is a breathalyzer device that tests a driver’s blood-alcohol content (BAC) and captures an image of the driver behind the wheel. If the driver registers a BAC of anywhere from .000 to .024, the vehicle’s ignition will function as desired. Anything .025 and above, it will not start. In addition to a test to initially start the vehicle, other tests are required at random intervals during each trip.

To be eligible for a BAIID, an individual cited for DUI must first apply for a monitoring device driving permit (MDDP). If granted, the BAIID is then installed in their vehicle for the duration of their court-supervised driver’s license suspension.

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IL defense lawyerMore than 27,000 DUI arrests were recorded in Illinois last year. Many of these constituted aggravated DUI offenses, which are the most serious DUI charges a driver can face. In Illinois, aggravated DUI is any DUI offense that results in a felony charge. A first or second DUI conviction is classified as a misdemeanor, but subsequent convictions or circumstances that involve various levels of endangerment, injury, or death can be charged as felonies. While you should have a skilled attorney for any DUI charge, it is impossible to overstate the need if you face aggravated DUI charges.

Aggravated DUI Cases in Illinois

Anyone convicted of aggravated DUI is subject to community service or imprisonment that cannot be suspended or reduced. Even those who receive probation or conditional discharge get at least 480 hours of community service or 10 days of incarceration.

Here is a look at offenses that constitute aggravated DUI in Illinois:

Class 2 Felony

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IL DUI lawyerGetting pulled over by police while intoxicated or under the influence of drugs can seriously impact your life, as well as your livelihood if your driving privileges are taken away. While Illinois laws are stringent when it comes to driving under the influence, the state sometimes provides relief for those facing their first DUI charge. Statistics released by the state say around 20 percent of first-time offenders are actually convicted. Many are instead required to comply with court supervision, and possible drug and alcohol counseling or driving school.

To effectively navigate the process and achieve the most positive outcome possible, you do not want to represent yourself in court. You should entrust an experienced DUI attorney to handle this critical juncture in your life. Here is a look at DUI charges, potential penalties, and options for first-time offenders:

DUI in Illinois

In Illinois, driving under the influence is defined as driving a vehicle while impaired by alcohol, or illegal or prescribed drugs. You are considered under the influence if you have a blood-alcohol content (BAC) of .08 or above; a marijuana THC concentration of at least five nanograms per milliliter of blood, or 10 nanograms per milliliter of other bodily fluid; or if you have used another controlled substance or are impaired by medication.

Illinois DUI Penalties

If you fail a chemical test administered by a law enforcement officer, as a first-time offender, you may have your driver’s license suspended for six months if convicted. If you refuse a chemical test, you could face a 12-month suspension.

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IL DUI lawyerYou have had a couple of drinks with dinner and are sure you are safe to drive home. However, the police seem to think otherwise and the next thing you know, you have their squad car lights flashing in your rear-view mirror. How are you going to talk your way out of this one possibly? Here are a few practices that have helped others avoid a DUI charge during a police traffic stop:

Use Your Right to Remain Silent

You have the right to remain silent, so use it. Too many times clients have tried to talk their way out of trouble, only to make it worse. Police know that if they pressure you to speak, you will often give them more evidence than you intend, which is why they keep the conversation going. Your silence will not be used against you. Politely say that you choose to use your right to remain silent and provide them with their requested documentation.

Refuse the Field Sobriety Test

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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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Abraham Lincoln A lawyer’s time and advice are his stock and trade. -Abraham Lincoln
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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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