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Category Archives: DUI

DuPage County DUI defense lawyersThe medical marijuana program in Illinois has provided many individuals with an alternative treatment option for debilitating pain, spastic disorders, and other severe illnesses. There is, however, one caveat: patients cannot drive while under the influence of marijuana. Sadly, the method for determining intoxication is, at best, ineffective and, at worst, inaccurate. Learn more about the medical marijuana DUI laws in Illinois, including how being arrested could impact nearly every aspect of your life and how an experienced DUI defense lawyer may be able to help mitigate the damage.

What is Wrong with Illinois’ Marijuana DUI Laws?

Drivers are prohibited from using any substance that can impair their driving abilities – and that includes prescriptions and medical cannabis. However, most substances can be detected with at least some level of accuracy. This simply is not the case when it comes to medical marijuana.

Though state law does indicate that there is a legal limit for marijuana (five or more nanograms), the very presence of this limit indicates that law enforcement does not care about how marijuana is metabolized by the body – particularly when it comes to chronic users.

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DuPage County DUI defense lawyerWhen one is arrested for their first DUI, they might assume that the charges will be minor. Unfortunately, this is not always true. In fact, under the right circumstances, even a first-offense DUI could become a felony. Learn more about the situations that may lead to such a charge, and discover how an experienced attorney can help you fight the charges.

First-Offense DUIs Typically Charged as Misdemeanors

In most instances, a first-offense DUI is considered a misdemeanor offense. If convicted, the consequences could include up to one year of jail time, fines, civil penalties, and a one-year suspension of your license. You may have an option for restoring your driving privileges, but you would be required to have a breathalyzer interlock device on all your vehicles. Because these consequences can have a significant impact on your life, it is advised that you seek legal assistance, even at this lower level of DUI consequence.

First Offense Aggravated DUI

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DuPage County criminal defense attorneyWhen you are pulled over by a police officer and the officer has a reason to believe that you may be intoxicated, he or she may ask you to submit a blood-alcohol content (BAC) test—most often in the form of a breath test. It is possible for the officer to ask even if he or she does not really suspect that you are drunk, but most such tests—commonly referred to as breathalyzers—are conducted to confirm the officer’s suspicions. If an officer in Illinois asks you to take such a test, should you do it? And, what will happen if you refuse? The answers to these questions depend on a number of factors, including when the request is made and what you were doing in the hours leading up to the stop.

Prior to Arrest

The timing of the officer’s request is the key element in determining if consequences will apply for refusing a breathalyzer. If you are asked to take the test before any mention of arrest or any other detainment—except for the traffic stop, obviously—you have no obligation to submit to the test. You cannot be prosecuted nor will you face any other penalties for refusing a BAC test at this point.

From a practical standpoint, however, your refusal may arouse the officer’s suspicion and prompt him or her to take a more in-depth look at the situation. He or she may look at little closer at your demeanor, speech patterns, and other possible clues that could suggest intoxication. Thus, if you have not been drinking, submitting to a pre-arrest breathalyzer may be the fastest route to getting on with your day.

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DUI, DUI defense, DUI bicycle, traffic violations, DuPage County DUI defense attorneyWith Summer at its start and the weather becoming nicer, more and more people will take to their bicycles for transportation. However, one of the least talked about safety issues is riding a bicycle while intoxicated.

Can I Get a DUI on a Bicycle?

Various states have provisions on their law books where one may be charged with a DUI for riding a bicycle drunk. However, in Illinois, unless certain other circumstances are met, you will likely not be charged with a DUI while riding a bike.

The reason why you usually cannot be charged with a DUI on a bike is because a bicycle is not legally defined as a vehicle. Therefore, operating a bicycle while intoxicated is not the same as operating a car or motorcycle in the eyes of the law.

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DuPage County underage DUI attorneys, zero tolerance lawIf you are under 21 years old and caught drinking and driving, you could face a couple of charges, depending on the facts of your situation. Illinois has a zero tolerance policy for underage drinking and driving as well as laws prohibiting driving under the influence.

Both types of convictions can lead to numerous consequences that can follow a young person as he or she applies to schools and jobs. This is why you should fight these charges. With the help of an attorney, you may be able to reach a deal with prosecutors that will keep a conviction off your criminal record.

Zero Tolerance for Drivers Under Age 21

Because it is illegal for anyone under 21 to be drinking in Illinois, anyone under the legal drinking age caught driving will face criminal charges. It does not matter if the driver’s BAC is under the legal limit of .08. So long as BAC levels are over .00, there will be consequences under the law.

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