Contact Us
We are open for business and offering phone and video consultations during business hours.

Tag Archives: Wheaton DUI defense attorney

Wheaton, IL DUI Defense AttorneyBeing pulled over by a police officer for any reason can be an anxiety-inducing situation. The scenario can be even scarier if you are under suspicion of drunk driving, especially considering how strict the Illinois DUI laws can be. Police officers are trained to recognize the signs of impairment and will be looking for them in every traffic stop. If an officer suspects that you might be intoxicated or under the influence, he or she may ask you to submit to field sobriety testing and/or a preliminary breathalyzer test. While it is not a crime to refuse to submit, choosing not to cooperate can lead to additional consequences.

Understanding Implied Consent

You may know about or have heard of the term “implied consent.” This refers to the idea that every person who has a driver’s license in Illinois has implicitly agreed to submit to chemical testing of their breath, blood, or urine to determine the amount of a specific drug or alcohol in their system, and refusing to comply with this testing can result in automatic driver's license suspension. What some people may not know, however, is that the implied consent law only comes into play after you have been arrested for DUI. In other words, refusing to take a roadside breathalyzer test will not result in the automatic suspension of your license.

Consequences of Refusing a Chemical Test

If you refuse to submit to a preliminary breathalyzer test or field sobriety testing, this may give an officer reason to arrest you on suspicion of drunk driving. Following an arrest for DUI, you will likely be asked to submit to a chemical test, which is most typically a breath test, although sometimes your blood or urine can be tested instead. It is during this time that consequences can result if you refuse to submit to a chemical test.

According to Illinois’ statutory summary suspension law, a first-time chemical test refusal will result in a 12-month driver’s license suspension. You may be eligible to apply for a monitoring device driving permit (MDDP), which would utilize a breath-alcohol ignition interlock device to monitor your BAC anytime you drive for the duration of your license suspension. A second or subsequent refusal will result in a three-year license suspension.

...
Continue reading

IL defense attorneyIf you have a commercial driver’s license (CDL) and face DUI accusations, you likely have many questions about how the charges may impact both your personal and your family life. As a professional driver, you are held to a higher standard than the typical everyday driver. DUI has severe consequences for all drivers, but for a CDL holder, you risk losing your license for a year or more, depending on the circumstances. As you probably know, if you do not have a license, you do not have a job with your CDL. It is essential to retain the services of an experienced DUI attorney to protect your way of life and your future.

In Your Personal Vehicle

While you are not “on the clock” or working, you are welcome to relax and enjoy an alcoholic beverage, if you so choose. However, be aware that if your blood alcohol concentration exceeds the legal limit of 0.08% and you decide to drive, you put your professional driving career on the line, even if you are in your personal vehicle. You face potential CDL disqualification for one year.

BAC Is under 0.08%

...
Continue reading

DUI charges, DUI cases, Wheaton DUI defense attorney, effects of alcohol, DUI-related accidentAlcohol can have many pleasurable effects on the body, especially at the start of consumption. The consumer begins to feel calm, confident, relaxed, happy, and sociable. However, at a point that is unique to each individual person, alcohol starts to have negative repercussions on the body.

Finding that small window between relaxation and inebriation is difficult. Those who misjudge and attempt to drive home while impaired are at risk for DUI charges, among other potentially catastrophic results. 

The First Drop

During the first sip of alcohol, approximately 33 percent absorbs immediately into the bloodstream via the stomach lining. After that initial reaction, the alcohol begins to make its way into the small intestine, where it slowly seeps into the blood.

...
Continue reading

Wheaton DUI defense attorney, DUI charges, drinking and driving, drunk driving, drunk driversMany drivers mistakenly believe that if they drive carefully after having a couple of alcoholic beverages, then the police will have no reason to suspect drunk driving. This erroneous concept likely stems from the mental image of inebriated drivers drifting between lanes, failing to maintain a constant speed, and failing to come to a complete stop at stop signs. While this scenario exists, the error in judgment is the belief that if someone can sufficiently operate a motor vehicle and obey traffic laws, police will have no reason to suspect alcohol consumption.

Officers understand that more drunk drivers are on the road between certain hours in the vicinity of bars, clubs, and other drinking establishments; therefore. they intentionally look for other reasons to pull over drivers.

Driving Too Carefully is Suspicious, Too

According to The AAA Foundation for Traffic Safety, nearly one-third of all drunk driving related fatalities occur on weekends. Statistics also show that the highest number of drunk drivers are on the road between midnight and 3 A.M., and fatal crashes are four times higher at night than during the day. This information may be slightly skewed as police actively look for reasons to pull people over during those hours, hoping that once the window rolls down, they can collect further evidence of alcohol consumption. In fact, there are several cases in which an officer pulled a driver over because they were “driving too carefully” and it seemed suspicious. Many drivers find themselves pulled over for minor, non-moving violations, such as:

...
Continue reading

DuPage County criminal defense attorneyWhen you are pulled over by a police officer and the officer has a reason to believe that you may be intoxicated, he or she may ask you to submit a blood-alcohol content (BAC) test—most often in the form of a breath test. It is possible for the officer to ask even if he or she does not really suspect that you are drunk, but most such tests—commonly referred to as breathalyzers—are conducted to confirm the officer’s suspicions. If an officer in Illinois asks you to take such a test, should you do it? And, what will happen if you refuse? The answers to these questions depend on a number of factors, including when the request is made and what you were doing in the hours leading up to the stop.

Prior to Arrest

The timing of the officer’s request is the key element in determining if consequences will apply for refusing a breathalyzer. If you are asked to take the test before any mention of arrest or any other detainment—except for the traffic stop, obviously—you have no obligation to submit to the test. You cannot be prosecuted nor will you face any other penalties for refusing a BAC test at this point.

From a practical standpoint, however, your refusal may arouse the officer’s suspicion and prompt him or her to take a more in-depth look at the situation. He or she may look at little closer at your demeanor, speech patterns, and other possible clues that could suggest intoxication. Thus, if you have not been drinking, submitting to a pre-arrest breathalyzer may be the fastest route to getting on with your day.

...
Continue reading
Abraham Lincoln A lawyer’s time and advice are his stock and trade. -Abraham Lincoln
Warrenville Office
Address28371 Davis Parkway, Suite 103, Warrenville, IL 60555
Phone(630) 657-5052
Fax(888) 350-9195
Wheaton Office
Address1776 S. Naperville Road, Building A, Suite 105, Wheaton, IL 60189
Phone(630) 580-6373
Fax(888) 350-9195
Chicago Office
Address321 N. Clark Street, Suite 900, Chicago, IL 60654
Phone(312) 985-5676
Fax(888) 350-9195
Joliet Office
Address58 N. Chicago Street, Suite 102,
Joliet, IL 60432
Phone(815) 582-4901
Fax(888) 350-9195
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.

 

 

 

Chat Us Text Us