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Consider the following scenario: A woman goes out to a bar with her friends after work. One glass of wine quickly turns into an entire bottle, and before she knows it, she is too intoxicated to drive home. In order to avoid the chances of being arrested for driving under the influence (DUI), she decides to sleep in her car for a few hours and then drive home once she has sobered up. However, she soon wakes up to a knock at her window and a police officer arrests her for drunk driving.
Situations like these often come as a shock to a DUI defendant. Most people do not realize that they can be arrested for and charged with DUI even if they were not actually driving the car. Whether you or a loved one has been charged with drunk driving or you simply want to be informed about your rights, it is essential to understand Illinois law regarding driving under the influence.
There are two main categories of penalties in an Illinois drunk driving case: administrative penalties and criminal penalties. You must be convicted, or found guilty, of driving under the influence to be subject to criminal penalties such as community service or jail time. However, administrative penalties are enforced whenever somebody fails or refuses to take a chemical blood alcohol concentration test. Typically, the administrative penalties for a DUI arrest include suspension of your driver's license. Once your license is suspended, it is illegal for you to drive a motor vehicle. Fortunately, there may be a way to regain the ability to drive legally before your suspension is over through a Monitoring Device Driving Permit (MDDP).
If you or a loved one were arrested for driving under the influence, you may be exploring your options. Illinois recognizes that many people need to drive to be able to work, transport children to and from school, or take care of other vital needs. If this is your first DUI or you have not had any DUI charges within the past five years, and you are 18 years or older, you may be able to get an MDDP. However, you do not qualify for this permit if your license was already suspended at the time of the DUI arrest or you are accused of causing a drunk driving accident resulting in injury or death.
Having a criminal record can influence nearly every aspect of a person's life. If you were previously arrested and charged with a crime, you may have already experienced the repercussions of having a criminal record. Finding employment, housing, and educational opportunities is much harder when you have a record. It can also be embarrassing or downright infuriating to be judged by other people who do not know the circumstances surrounding the criminal allegations against you.
Fortunately, individuals in this situation may be able to clear their names by getting their records expunged. If successful, an expunged record will no longer appear on background checks and employers will not be able to see past criminal charges. Expunging your record can be a powerful way to start anew and put the past behind you.
Record expungement completely erases any record of an arrest or criminal charge. The charge cannot be viewed by anyone once it is expunged. However, only certain records may be expunged. You can erase a record if:
Fortunately, individuals in the United States are protected by various local, state, and federal laws – many of which are designed to protect our privacy. The Fourth Amendment to the Constitution specifically addresses when an individual’s personal property may be searched or taken by government officials such as police officers. Everyone has a responsibility to understand their rights when it comes to personal property and assert those rights when necessary. However, if you or a loved one were arrested and charged with a crime after a vehicle search, it is even more crucial that you understand your rights.
Motor vehicles including cars, trucks, and vans may only be searched under certain conditions. However, the expectation of privacy is lower for an automobile than a home. Police generally need a search warrant to search a house or apartment, but they do not usually require a search warrant before conducting a vehicle search.
According to many sources, instances of theft and shoplifting have increased throughout the country. In fact, the National Retail Security System states that theft losses totaled over $100 billion in 2021.
Retail stores are more vigilant now than ever before. Most stores have specific loss prevention employees who monitor security cameras or walk around the store looking for people who are allegedly stealing. With all this increased scrutiny, many people worry about being accused of shoplifting. The fear is warranted. The consequences for theft can be significant, especially if an individual is accused of organized retail theft.
Theft involving lower-value items is typically a misdemeanor offense in Illinois. However, if the value of an item exceeds the $500 threshold, the individual may be looking at felony charges in certain counties.
In Illinois, blood alcohol concentration (BAC) tests are used to determine if someone is driving under the influence of alcohol or drugs (DUI). If a driver takes a breath alcohol test and the results show 0.08 percent BAC or higher, he or she is considered too intoxicated to drive. This is regarded as a “failed” test. Blood tests may also be used to determine a person’s BAC. If an individual fails or refuses to take a breath alcohol test or blood alcohol test, his or her driver’s license is suspended.
If your license is currently suspended because you refused or failed a BAC test, you may benefit from a Monitoring Device Driving Permit (MDDP). An MDDP will allow you to regain your driving privileges and get you back on the road legally.
A Monitoring Device Driving Permit is available to first-time DUI offenders in Illinois. You must have no prior DUI charges within the last five years to qualify. You must also hold a valid driver's license at the time of your DUI arrest, and your DUI must not involve an accident resulting in injury or death. You also must be at least 18 years old to get an MDDP.
If you or someone close to you were arrested and charged with a crime, you may be researching your legal options and potential defense strategies. Accusations of drunk driving, assault, theft, weapons violations, or other criminal offenses often catch the accused off guard. They do not know what their rights are in this situation or how to handle the accusations.
One of the best first steps to take after an arrest is to contact an experienced criminal defense lawyer. A lawyer can review the charges and advise you on how to proceed. Depending on your situation, a criminal defense attorney may also use mitigating factors in an effort to get charges dropped or penalties reduced.
The legal drinking age in Illinois and the rest of the United States is 21. Individuals under 21 years of age cannot legally purchase alcohol or enter over-21 establishments like bars and nightclubs.
However, many young people test the waters by trying to get into these establishments or purchase alcohol before they are old enough. In many cases, they use a fake ID or an older friend's ID to do so.
Although it may seem like a minor offense to some, the mere act of possessing a fake identification card can lead to serious criminal charges. If you or your child were caught using a fraudulent ID, a criminal defense lawyer experienced in juvenile cases can help you understand what to expect and how best to proceed.
It is against Illinois law to possess, use, or manufacture fake IDs. Depending on the nature of the offense, crimes related to fake identification cards can be felonies or misdemeanors.
At Davi Law Group, LLC, we provide strong legal advocacy and support to individuals accused of crimes. Whether you have been charged with drunk driving, theft, assault, fraud, or another offense, our team of skilled attorneys are here for you.
In 2022, our blogs included information about Illinois law, criminal penalties, defense options, and much more. Our most popular blogs of 2022 are listed below.
In Illinois, many different situations can lead to the loss of your driver’s license. Multiple moving violations, DUI, reckless homicide, fleeing and eluding the police, and several other offenses can lead to a driver’s license suspension or revocation. Once someone’s license is suspended or revoked, they are not allowed to drive any motor vehicle. Driving on a suspended license can lead to serious penalties.
Most people take the ability to drive for granted until they can no longer drive. Losing your driving privileges can be a major hardship. Because of this, some people choose to drive even after their license is suspended.
If you are caught driving while your license is suspended or revoked, you can be charged with a Class A misdemeanor. This offense is punishable by up to one year in jail and a maximum fine of $2,500. In certain situations, there is a mandatory minimum jail sentence for people caught driving without a valid license. If you are caught driving with a suspended or revoked license for a second time, the offense is a Class 4 felony punishable by a lengthier jail sentence.
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