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Tag Archives: DUI arrest

IL defense lawyerIt happens every day: a person goes to an establishment that serves alcohol, consumes enough to be intoxicated, then drives home, but gets in an accident or stopped by the police for DUI. What leads to the result is drinking too much alcohol. The person who drank the beverages carries the majority of the burden of the outcome. However, bartenders, servers, and business owners may share some of the responsibility.

Illinois Dram Shop Laws

“Dram shop” is derived from a time in our past when liquor establishments used a “dram” as a standard unit of alcohol measurement. Now, 43 states, including Illinois, have dram shop laws which hold business owners, bartenders, and servers financially accountable if someone drinks too much at their establishment then injures or kills someone or causes property damage. All responsible parties risk being sued if the business serves someone that is “obviously and visibly” drunk. Not only that, but those responsible may also face criminal charges. It is a Class A Misdemeanor to sell, give, or deliver alcohol to a visibly intoxicated person. Penalties include fines between $500 and $2,500 and a year in jail. Also, liquor licenses can be fined, suspended, and even revoked.

Common Visible Signs of Intoxication

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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 DUI attorney,  DUI arrest, DUI accusation, employment at will, DUI convictionCommon knowledge tells us that driving under the influence of alcohol endangers lives. However, drunk driving also has smaller potential repercussions. These consequences are not life-threatening, but they are life-altering and require heavy consideration before intentionally drinking and driving.

One question asked after a DUI arrest is if you will still have gainful employment if convicted. Can you lose your job because of a DUI?

Conviction is More Than a Fine and a Record

A DUI conviction frequently ends in more than a fine and a blemished driving record. Daily tasks such as going to work or grocery shopping become difficult to maneuver after licensure loss. Additionally, even an overnight stay in jail creates tension in social relationships. Insurance rates increase with a label of being a high driving risk. All of these repercussions exist without even discussing the impact on income.

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