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Tag Archives: DUI

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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DuPage County criminal defense attorney, DUI, riding drunk, DUI charges, DUI arrestYou plan a night out. Since you know you will be at an establishment serving alcoholic beverages, you prepare in advance for the required designated driver. Since you will not be behind the wheel, you plan to let loose and have that extra drink of choice. On the way home, the police pull the car over; however, you have nothing to fear. You are safe in the passenger’s seat, and you know beyond a shadow of a doubt that your driver drank only water and soda all night. Much to your dismay, the officer begins questioning you as a passenger. Can you receive a DUI for riding drunk as a passenger?

Mind Your Manners

At any traffic stop, it is important to stay calm, quiet, and polite, regardless of being a driver or a passenger. An officer in most cases will ask if you know why you are being pulled over. Do not answer this any other way than “no,” because any information given to him or her can and will be used against you. After that, he or she may let you know his or her suspicions and may ask for the driver's license and registration. He or she may also ask passengers for identification. As a passenger, you are not required to give an officer anything. Nevertheless, intentionally withholding identification may lead to further investigation. An officer who believes there is illegal activity can detain a passenger, potentially leading to arrest.

Etiquette that may help the situation includes:

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DuPage County driver’s license defense lawyer, driver’s license suspension, license revocation, DUI, driving privilegesThe loss of one's driving privileges can present a considerable obstacle in daily life. While you once had reliable transportation for work and appointments, you must now rely on friends or public transport. Moreover, the loss of your driver's license can additionally result in showing up late to work, and thus decrease your employability. Unfortunately, driver’s license suspension or revocation does not always occur only because of poor driving habits. If you find yourself in financial hardship, licensure loss may follow.

What Actions Result in Suspension?

Driving under the influence is one recognizable behavior likely to result in a suspension of driving privileges. However, a there is a surprising list of other actions that result in a loss of driving rights but are not road-related.

Your privileges may be temporarily withdrawn the Illinois Secretary of State with any of the following behaviors:

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suspended driver’s license, revoked driver’s license, DuPage County criminal defense lawyer, DUI, driving privilegesIf you are caught driving on a suspended or revoked license in the state of Illinois, there may be very serious consequences that follow. You may lose future employment opportunities, lifelong driving privileges, and quality of life. Therefore, it is important to understand the consequences of driving on a suspended or revoked license, as to prevent lost opportunities in the future.

Consequences of Driving on a Suspended or Revoked License

A suspended or revoked license may result from driving under the influence. However, depending on how many times an individual is caught driving with a suspended or revoked license, the charges become more severe.

  • If an individual is convicted for the first time, he or she may be charged with a Class A misdemeanor, 10 days in jail or 30 days of community service, fines of no more than $2,500, additional suspension or revocation of the driver’s license, and potential seizure of the vehicle.
  • For the second conviction, the individual may be faced with a Class 4 felony, a minimum of 30 days in jail or 300 hours of community service, additional suspension or revocation of the driver’s license, and potential seizure of the vehicle. If the individual committed reckless homicide, DUI, refusing a chemical test, or leaving the scene of the accident that caused serious injury or death, then he or she could be faced with a Class 2 felony.
  • If the individual is convicted for driving on a suspended or revoked license for the third time, then he or she may be charged with a minimum of 30 days in jail or 300 hours of community service, and additional suspension or revocation of the driver’s license, and potential vehicle seizure or forfeiture. If the individual committed reckless homicide, DUI, refusing a chemical test, or leaving the scene of the accident that caused serious injury or death, he or she may face a Class 1 felony.
  • For the fourth through the ninth convictions, the individual may face a Class 4 felony, a minimum of 180 days in jail, additional suspension or revocation of the driver’s license, and potential vehicle seizure. If he or she committed reckless homicide, DUI, refused a chemical test, or left the scene of the accident that caused serious injury or death, he or she may face a Class 1 felony.
  • For the tenth through fourteenth convictions, the individual may face a Class 3 felony and may not be eligible for probation. He or she may face additional suspension or revocation of the driver’s license, as well as possible seizure of the vehicle.
  • For the fifteenth and other subsequent convictions, the individual may face a Class 2 felony, and may not eligible for probation. His or her driver’s license may be suspended or revoked for additional time, and the vehicle may be seized.

Call a Wheaton Criminal Defense Attorney

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Illinois DUI defense lawyersLike many other states, Illinois has a strict, zero-tolerance law for minors. Essentially, this means that drivers under the age of 21 are not permitted to have any level of alcohol in their system. As such, blowing even just a 0.01 on a breathalyzer could result in criminal and administrative consequences. Learn more about them, including how an experienced attorney can help you fight back, in the following sections.

Potential Consequences of a Zero-Tolerance DUI

Minors who are caught driving while intoxicated stand to lose a lot if they are convicted of their charges. At a minimum, they could lose their license for two years and receive a misdemeanor conviction on their record. At worst, they could be convicted of a felony and face real jail time. Other possible consequences of a zero-tolerance DUI conviction could include:

  • Mandatory community service,
  • Court fees,
  • Permanent revocation of their license,
  • Fines, and
  • Court supervision.

Zero-Tolerance Means No Exceptions

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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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