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Tag Archives: Illinois drunk driving laws

DuPage County criminal defense attorney DUI

Typically, Thanksgiving is one of the most dangerous times of the year on our nation’s roadways. Those who get together with family and friends during the holiday often drink alcohol, and when combined with increased amounts of travel, this can lead to car accidents caused by drunk driving. Things may be somewhat different in 2020 since concerns about COVID-19 are leading many to stay at home and avoid large gatherings. However, a large number of people will still be engaging in holiday travel and get-togethers, and because of this, Illinois law enforcement officials will be on the lookout for drunk driving, and they will be prepared to arrest those who are suspected of driving under the influence (DUI).

Law Enforcement Efforts to Reduce Drunk Driving Deaths

Hundreds of traffic fatalities occur during the Thanksgiving holiday every year in the United States. Even with the extraordinary circumstances that have affected people’s lives in 2020, the National Safety Council (NSC) has estimated that nearly 500 people will lose their lives between Wednesday evening and Sunday of Thanksgiving weekend. To help prevent car accidents, the Illinois State Police and other local law enforcement agencies will be conducting increased safety patrols. These patrols will continue through Monday, November 30, and they are likely to lead to high numbers of DUI arrests.

A driver may be charged with DUI if he or she is found to be driving with a blood alcohol content (BAC) over the legal limit of .08 percent. In many cases, when police pull a driver over on suspicion of drunk driving, they will ask the driver to submit to field sobriety tests or take a portable breath alcohol test. Motorists are allowed to refuse these tests, although doing so may give an officer probable cause to make an arrest.

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DuPage County criminal defense attorney license reinstatement

There are many ways that you could lose your driver's license in Illinois, but by far, the most common way Illinois motorists lose their driving privileges is by being arrested and/or convicted of driving under the influence (DUI) of drugs or alcohol. According to the Illinois Secretary of State, there were more than 26,000 DUI arrests across the state in 2018. Of those arrested, 90 percent of the drivers who were eligible to lose their driving privileges did have their licenses suspended or revoked. It can be frustrating to deal with a driver’s license revocation, but it can be even more frustrating to deal with the criminal consequences of driving while on a suspended or revoked license.

Punishments for Illinois Traffic Violations

If your driver’s license has been taken away because of a DUI, obeying that suspension or revocation is not optional. If you choose to drive while your driving privileges have been suspended or revoked, you could face criminal charges that could compound your situation. These include:

  • First offense: The first time you are caught driving with a suspended or revoked license, you may be charged with a Class A misdemeanor. This offense is punishable by up to one year in prison and up to $2,500 in fines. This charge comes with a mandatory jail sentence of at least 10 days or 30 days of community service. In addition to any of those penalties, you also face a suspension of your driving privileges for double the original amount of time. If your license was revoked, you face an additional year of revocation.
  • Second offense:  If you are stopped while driving with a suspended or revoked license a second time, you can be charged with a Class 4 felony. In Illinois, Class 4 felonies carry one to three years in prison and up to $25,000 in fines. However, if the initial suspension or revocation was due to refusing a chemical test, reckless homicide, DUI, or fleeing the scene of a collision involving bodily injury or death, the charge is increased to a Class 2 felony. For this offense, there is a mandatory 30-day jail sentence or 300 hours of community service. In addition, you also will receive a license suspension of double the amount of the original period of suspension or an additional year of revocation.

Contact a Wheaton, IL Criminal Defense Attorney 

Being charged and convicted of a DUI in Illinois can result in serious consequences, including the loss of your driver’s license. Life can become increasingly difficult if you are unable to drive yourself or your family members to work or important appointments. At the Davi Law Group, LLC, we understand how much a driver’s license suspension or revocation can affect your daily life. Our skilled team of DuPage County DUI defense lawyers will help you not only receive temporary driving relief during your suspension or revocation period, but we will also help you reinstate your driving privileges once you are eligible. To learn more and schedule your free consultation, call our office today at 630-580-6373.

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IL DUI lawyerGetting pulled over by police while intoxicated or under the influence of drugs can seriously impact your life, as well as your livelihood if your driving privileges are taken away. While Illinois laws are stringent when it comes to driving under the influence, the state sometimes provides relief for those facing their first DUI charge. Statistics released by the state say around 20 percent of first-time offenders are actually convicted. Many are instead required to comply with court supervision, and possible drug and alcohol counseling or driving school.

To effectively navigate the process and achieve the most positive outcome possible, you do not want to represent yourself in court. You should entrust an experienced DUI attorney to handle this critical juncture in your life. Here is a look at DUI charges, potential penalties, and options for first-time offenders:

DUI in Illinois

In Illinois, driving under the influence is defined as driving a vehicle while impaired by alcohol, or illegal or prescribed drugs. You are considered under the influence if you have a blood-alcohol content (BAC) of .08 or above; a marijuana THC concentration of at least five nanograms per milliliter of blood, or 10 nanograms per milliliter of other bodily fluid; or if you have used another controlled substance or are impaired by medication.

Illinois DUI Penalties

If you fail a chemical test administered by a law enforcement officer, as a first-time offender, you may have your driver’s license suspended for six months if convicted. If you refuse a chemical test, you could face a 12-month suspension.

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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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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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