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DuPage County criminal defense attorney marijuana DUI

Across the country, more and more states are beginning to loosen the restrictions on laws surrounding the possession and use of marijuana for both medicinal and recreational purposes. Currently, there are 33 states that permit residents with certain conditions to use marijuana, while only 11 states, including Illinois, allow recreational use of marijuana. Even though cannabis is legal for adults to possess and consume, many people do not know that you can actually be charged with a DUI if you get caught while driving while you are under the influence of marijuana. This can result in significant criminal penalties, so it is imperative to consult a skilled attorney to understand your defense options.

Cannabis and Illinois Driving Laws

With the recent legalization of recreational marijuana for adults over the age of 21, some were concerned with how the change would affect existing DUI laws. However, the laws are clear that cannabis is included as a prohibited intoxicating substance, despite the reason for its use. According to the most recent Illinois DUI Fact Book, “A driver may not operate a motor vehicle while impaired by the use of cannabis, whether used medically or recreationally.”

Like alcohol, cannabis also has a limit for the amount of THC, which is the psychoactive ingredient in marijuana, present in your bloodstream while you are operating a vehicle. Just like the legal limit for your blood alcohol concentration (BAC) is 0.08 percent, the legal limit for THC is 5 nanograms per milliliter of whole blood or 10 nanograms per milliliter of another bodily substance.

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DuPage County criminal defense attorney firearms violation

One of the most well-known aspects of the United States’ culture is how much emphasis is put on personal freedoms, especially when it comes to firearms. To the Founding Fathers, access to firearms was so important that they even included a provision for them in the Constitution. However, with the changes that have taken place in the world since the 1700s and now, gun ownership is not an absolute right in the United States and is actually left up to individual states to set rules and regulations. In Illinois, residents must qualify for, apply, and receive a firearm owner identification (FOID) card before they are legally permitted to purchase or possess firearms or ammunition. Possessing either without a FOID card could result in serious weapons charges that could elevate to felony charges. A skilled criminal defense attorney can help you avoid a conviction if you are facing any type of firearms violation.

FOID Card Requirements

Before you can receive a FOID card, you must meet all of the eligibility requirements that have been set forth by the Illinois State Police. These requirements are very similar to federal firearm ownership requirements and are designed to prevent those who may be a threat to public safety from legally purchasing or possessing a firearm. Illinois FOID card requirements state that a person is eligible to receive a FOID card when he or she:

  • Is at least 21 years old

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DuPage County weapons violation defense attorney

The United States has always had an interesting culture surrounding firearms, one that the majority of the rest of the world does not quite understand. The Second Amendment to the U.S. Constitution states that citizens are given the right to bear arms, but firearm ownership is very much a state issue. In Illinois, citizens can legally purchase and own a firearm once they have applied and been approved for a firearm owner identification (FOID) card. However, gun violence is still an issue across the country and in Illinois. This is why the state passed a so-called “red flag” law in an attempt to temporarily prevent those with access to guns from committing violent criminal acts.

What Are Red Flag Laws?

Red flag laws, which are also sometimes called extreme risk laws, are not unique to the state of Illinois. In fact, Illinois was one of the most recent states to pass a red flag law and only just passed the law in 2018. Although red flag laws differ from state to state, they all aim to temporarily remove firearms from individuals who pose a risk to others. In some states, only certain people, like police officers or other law enforcement officials, can file a petition to remove a person’s firearms.

Firearms Restraining Order Act

Illinois’ version of a red flag law, which is referred to as the Firearms Restraining Order Act, went into effect at the beginning of 2019. In Illinois, a petition to remove a person’s firearms can be filed by a family or household member or by a police officer who believes that the person poses a threat to themselves or others by having a firearm in his or her possession. Once the petition is filed, a judge must hear the petition as soon as possible. If the judge decides that there is enough evidence to establish that the person is indeed a threat to himself or herself or to others, then the court will issue an order to remove any and all firearms from the person’s possession.

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DuPage County juvenile crimes defense attorney

Underage drinking is all too common in today’s world. According to reports from the National Institute on Alcohol Abuse and Alcoholism (NIAAA), 58 percent of teens have had a drink by the time they reach the age of 18. This may be a result of high school parties in which alcohol is present or it may be attributed to moving away from home and going to college by the age of 18. Regardless of when it starts, binge drinking is extremely common between the ages of 12 and 20, forming bad habits before juveniles even reach the legal drinking age. Those individuals under the age of 21 often fail to recognize the ramifications that underage drinking can have on their future and their criminal record. Criminal charges may include alcohol consumption, but there are also a number of offenses that do not require any alcohol to be consumed.

False Identification and Purchasing Alcohol

These are two separate alcohol charges that are often tied together in Illinois. Many young adults may use an older sibling’s ID or have one made that states that they are 21 years old. This can allow those under the age of 21 to enter bars or purchase alcoholic drinks. Although more common with college students, high school students have also been known to use this tactic to obtain alcohol without their parents’ knowledge. Having a fake ID or lending your ID to someone underage is considered a Class A misdemeanor, punishable by up to $2,500 in fines and one year in jail. Purchasing the alcohol in itself is a Class A misdemeanor with a minimum $500 fine. In other words, having a fake ID can often lead to additional criminal charges.

The Possession of Alcohol

The consumption of alcohol is not required for young adults to face alcohol-related charges in Illinois. If those under the age of 21 are found with alcoholic beverages in their possession, they may have their driving privileges suspended for up to one year. This is also true for any minors found transporting alcohol in their vehicles. They will automatically lose their license for one year and may face a $1,000 fine. This charge applies to anyone in the vehicle who is underage, not just the driver.

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DuPage County drug crimes defense attorney

Since the 1970s, the federal government has been running what has been dubbed the “War on Drugs.” This movement began decades ago but is still evolving today. Around the time the War on Drugs was declared, the federal Controlled Substances Act was signed into law, creating “schedules” of different drugs based on their purported medical use and potential for abuse. States followed by creating their own criminal laws concerning controlled substances, with many of these laws criminalizing possession as well as the sale of certain drugs. Depending on the circumstances, these offenses can be charged as felonies. However, in some situations, probation may be an option. 

What Constitutes a Felony Charge?

In Illinois, it is not uncommon for a drug possession charge to be classified as a felony. Marijuana is still federally illegal, but recreational cannabis is now legal to purchase, possess, and use in Illinois. Other controlled substances, however, are not legal, possession of these substances can result in criminal charges. You could be charged with felony possession of a controlled substance for:

  • 15 grams or more of LSD, heroin, cocaine, or morphine

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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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