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The legal blood alcohol content limit for anyone operating a motor vehicle is 0.08 percent. Consequently, many motorists assume that an individual may only be arrested for driving under the influence of alcohol or drugs (DUI) if their blood alcohol content is above this limit. However, it is possible to be arrested for DUI even if you pass a breathalyzer test or refuse to take the test. If you have been arrested for DUI, knowing your rights regarding DUI-related traffic stops, breathalyzers, and blood tests is key to forming a strong defense against the charges.
In Illinois, 0.08 percent BAC or higher is considered intoxicated “per se” or intoxicated by law. However, Illinois law does not require per se intoxication for a DUI arrest. The law states that it is illegal to be in “actual physical control” of a vehicle while:
Having a criminal record can impact your ability to gain employment, suitable housing, educational opportunities, and more. A mistake you made in your youth can influence your life years or even decades later. Some individuals have arrests on their record even though they were not actually convicted of the offense for which they were arrested. Fortunately, there may be a way to get your criminal record erased or “expunged” in Illinois. If you do not qualify for expungement, you may still qualify for record sealing.
When a criminal record is expunged, the documentation of the arrest or charges is destroyed. The record will not show up on a background check. It is as if the charges never happened. Many people do not realize that even if they are acquitted of criminal charges or the case is dismissed, there is still a record of the arrest and charges. Fortunately, you may be able to file a petition with the court to have your record expunged. You may qualify for expungement if:
If you are a minor who has been arrested and charged with a crime or you are the parent of a juvenile offender, you may be unsure of what to expect. You may have heard that children can sometimes be treated the same as adults in an Illinois criminal case but do not know the circumstances under which this can occur. Anyone under the age of 18 is a minor in Illinois; however, there are situations in which a minor may be tried and sentenced as if he or she was an adult. The alleged offense, the offender’s age and background, and other factors can influence where a juvenile case is heard.
Illinois judges have discretion when it comes to juvenile criminal cases. When determining whether to send a minor to juvenile court or adult court, the judge will consider:
All DUI charges are serious, and a conviction for driving under the influence of alcohol, marijuana, or other drugs can lead to the revocation of your driver’s license, the requirement to use an ignition interlock device in your vehicle, significant fines and legal fees, and even a prison sentence. However, you may face even more serious charges if you are accused of committing aggravated DUI, which is a felony offense.
In most cases, a first-time DUI or a second DUI will be charged as a misdemeanor. A third or subsequent DUI will be charged as a felony. A conviction will result in a 10-year driver’s license revocation for a third offense and a lifetime revocation for any subsequent offenses.
There are multiple ways that you could lose your driver’s license. Drunk driving is one of the most common reasons for the loss of driving privileges. A first-time DUI conviction will result in a one-year driver’s license revocation, and longer revocations will apply to second or subsequent DUI convictions. However, even if you are not convicted of DUI, you will be subject to a statutory summary suspension of your license if a chemical test performed after being arrested showed that you had a blood alcohol content (BAC) of .08 percent or more or if you refused to take a chemical test. Other potential reasons for license suspension or revocation include receiving three traffic violations within a single year or failing to pay child support.
Those who are facing criminal charges often struggle to navigate the justice system. In many cases, defendants are forced to remain in the custody of law enforcement because they cannot afford to pay the amount of bail set by a judge. This has led to increased rates of incarceration for people with low incomes and also people of color. Recently, Illinois took a huge step to reform this system by passing a new law that will eliminate monetary bail, along with a variety of other changes to the criminal justice system.
House Bill 3653 was passed by the Illinois General Assembly on January 13, 2021. While it has not yet been signed into law, Governor J.B. Pritzker has indicated his support for the changes that the new law will be implementing. Perhaps the most significant change is the elimination of cash bail, which will keep non-violent offenders from being held in prison simply because they cannot pay bail, while also preventing violent offenders from being released because they are able to raise the amount of bail set by a judge. This change will go into effect on January 1, 2023.
January 1, 2020, was a landmark day in Illinois since it marked the legalization of marijuana for recreational use in the state. Currently, marijuana is treated much like alcohol, in that adults over the age of 21 are allowed to possess and use certain amounts of the drug, but they are prohibited from driving while intoxicated. However, even though marijuana has been legalized, people should still be aware that violations of the state’s laws could lead to charges of drug possession or other criminal offenses.
Currently, Illinois residents over the age of 21 are allowed to possess up to 30 grams of raw cannabis, up to 5 grams of cannabis concentrates, or cannabis-infused products with up to 500 milligrams of THC. Non-Illinois residents can possess half of these amounts. Authorized medical marijuana users may possess up to 2.5 ounces of raw cannabis or products containing cannabis during a 14-day period. Cannabis and products containing cannabis must be purchased from a licensed dispensary. When transported in a vehicle, marijuana must be kept in a sealed container.
While the holiday season is usually a time of peace and joy, running into trouble with the law can cause difficulty for a person and his or her family during this time. Theft is an issue that can affect many people during the holidays, and it can take multiple different forms. Retail theft often increases during the holiday shopping season due to crowded stores. Package theft, in which items are stolen from a person’s porch or doorstep, is also likely to occur during the holidays, especially in 2020, when many people are shopping from home due to the COVID-19 pandemic. Those who have been accused of committing theft should be sure to understand the specific criminal charges that may apply, and they will want to secure legal representation from an experienced criminal defense attorney who can help them determine how they can achieve a positive outcome to their case.
The COVID-19 crisis has been a global emergency, leading to hundreds of thousands of deaths and millions of hospitalizations in the United States alone. In addition to creating health concerns, the pandemic has affected many other aspects of our lives. The ongoing upheaval people are experiencing has led to concerns about increases in the rates of domestic violence. Those who have been accused of committing these types of crimes will want to work with a criminal defense attorney to understand the nature of the charges they may face and their best strategies for defense.
While the COVID-19 pandemic has had a major impact on everyone’s lives, its full effects will probably not be understood for at least several years. Advocates have raised concerns about the possibility that domestic violence may increase due to a variety of factors. Financial stress due to job losses, as well as difficulties dealing with issues such as school closures, have caused increased tension in some households. Disagreements between spouses, partners, or other family members may get out of control, leading to claims that one person has committed acts of assault or abuse. In addition to these concerns, requirements to stay at home and avoid social gatherings may have isolated some victims of abuse, leaving them with few options to leave a dangerous situation.
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).
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.
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