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Tag Archives: DuPage County DUI attorney

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 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 lawyerOne of the perks of living in and around a big city is that everything is within walking or biking distance. Traditionally, with the better weather of summer months comes an increase in cyclists. We also find a correlating rise in the number of cycling while intoxicated cases. The incidents do not occur often enough for everyone to know the Illinois repercussions; however, the episodes are not entirely uncommon either.

The Legal Answers

It is common knowledge that driving yourself home in a motor vehicle after having too much to drink is dangerous for yourself, your passengers, and for everyone else on the road. Most people opt to have a designated driver, a cab, or a ride share take them home in those circumstances. However, when the weather is right, a bike ride does not immediately seem like a poor decision. Yet, there are unperceived dangers as well as potential legal complications to doing so. Under Illinois State law, a vehicle is anything that transports a person or property from one location to another, except if it is human powered. Meaning, your feet, and your bicycles are not vehicles. Therefore, taking a bicycle home is unlikely to result in a DUI charge, since you are not operating a car. A DUI on a bicycle is only possible under the following conditions:

  • You are intoxicated over the legal drinking limit;
  • The bike is motorized; and
  • The bike is capable of traveling faster than 20 miles per hour.

The Dangers of Biking While Intoxicated

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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 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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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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