Oak Brook criminal lawyers

Call Us630-953-4400

Evening and weekend hours available

Recent blog posts

Illinois DUI lawyerWhen a motor vehicle crash results in severe injuries or death, one or more of the drivers will likely get a traffic violation ticket, and may even be charged with a more serious crime such as DUI, Aggravated DUI, reckless driving, or even reckless homicide.

If the police suspect that a driver was under the influence of alcohol or drugs at the time of a crash, officers must act quickly to obtain proof of that, via chemical testing of the driver’s breath, blood, and/or urine. Speed of action is necessary because the body metabolizes alcohol to an undetectable level in a matter of hours and some drugs in just a couple of days.

Illinois Laws Governing DUI Testing


Illinois DUI lawyerYou might think of driving under the influence (DUI) as a mere traffic ticket, a misdemeanor violation, with punishments limited to fines and some temporary restrictions on your driving. But all Illinois drivers should be aware that the consequences of DUI can be far more severe than that.

Consequences of Aggravated DUI in Illinois

Consider the facts of this recent DUI conviction in DuPage County. A 31-year-old man was driving up Route 59 in West Chicago around 11 pm on December 5, 2014. Later testing would show that his blood alcohol content was 0.16, twice the legal limit in Illinois. As he approached an intersection, he collided head-on with a car that was making a left-turn in front of him, and both cars caught on fire. While the man suffered severe burns in the crash, the other driver was killed.


Illinois DUI lawyerWhen someone gets arrested for driving under the influence (DUI), what is the first thing they should do when they get home? Most people have no idea, and understandably so. But when a DUI arrest happens to you or someone you care about, getting the right information quickly is imperative. You may be shocked. You may be fearful. But when a DUI arrest happens, you cannot afford to be misinformed or to delay action. The sooner you start preparing your DUI defense, the better. Here are three critical steps you should take within a day or two of your arrest.

Step 1: Make Note of Your Court Date

Your first court date, also called the arraignment date, will be shown on the traffic ticket issued to you by the arresting officer. Your court date and location will also be shown on your bond slip.


Illinois DUI attorneyThere have been far too many times where an evening of social gathering, fun, and laughter has turned into a night behind bars, as a result of drinking and driving. While the overall consumption of alcohol is not usually a cause for concern, drinking and then going behind the wheel is very problematic. During the period of statutory summary suspension, the offender may be able to obtain two different types of driving permits under strict supervision.

Monitoring Device Driving Permit

A first-time DUI offender who has not received a previous statutory summary suspension within five years, nor has been charged with drinking and driving in Illinois or in another state within five years, may be eligible for the Monitoring Device Driving Permit, or MDDP. The offender must have a Breath Alcohol Ignition Interlock Device, or BAIID, installed in his or her vehicle.


Posted on in DUI Defense

Illinois defense attorneySpending an evening with family and friends is a great way to start a weekend. Shying away from the hectic schedule at work can prove to be mentally healing, and everyone needs some time to step away from work. At a social gathering, alcohol may be present, and it may be tempting to partake. Consuming alcohol is not bad, unless the person drinking decides to drive afterward. It is always a good idea to have a designated driver take you back home, in the event that you decide to drink. However, if no designated drivers are present, using a ride-share is the best practice, as to guarantee a safe ride home.

The Effects of Alcohol in Your System

Illinois is a Zero Tolerance state, meaning that any individual under the age of 21 years old may not present any trace of alcohol in his or her blood when driving. Otherwise, the legal blood alcohol limit is 0.08 percent. However, even at a blood alcohol content level at 0.02 percent, the ability to make responsible decisions with driving can be impaired.


Posted on in DUI Defense

Illinois defense attorneyDriving under the influence of alcohol is a very serious offense that can be deadly. Not only can a DUI negatively affect the lives of others involved, but the offense can also negatively affect your life, as you may have a much more difficult time gaining employment, rights to your driver’s license, and the ability for you to maintain a vehicle. Even though drunk driving can cause major problems, there has been evidence shown that driving under the influence of drugs may be more serious.

DUI Deaths Related to Drugs and Alcohol

Three years ago, in 2015, drug tests that had tested positive were more common than the presence of alcohol in drivers who were killed in a car accident. As much as 43 percent of motorists killed had used drugs prior to driving, and 37 percent of motorists killed had been drinking before driving. Even though drugs and alcohol can affect individuals differently, drinking and driving or using drugs and driving should be taken seriously all around. If a driver acts impaired after using drugs and alcohol, he or she should not drive.


Posted on in DUI Defense

Illinois defense attorneyOver the past few years, social media has been a main hub for all kinds of communication. Many social media platforms have had their privacy settings set to public so that anyone can see what the users have posted. During the massive evolution of social media, far too many users have abused these platforms and have gotten into serious trouble because of what was posted at that time. In the past, social media has often pinpointed dangerous drinking habits, including drinking and driving, underage drinking, and abusing alcohol overall.

Why Are College Students Displaying Dangerous Drinking Habits on Social Media?

College is a period of time where a young adult may go away to school to discover what life is really like outside of the home. When a student is feeling homesick, he or she may potentially engage in dangerous activities, including underage drinking, and driving while drunk. Oftentimes, college students may use references, such as “blacking out,” “getting wasted,” “getting smashed,” and “being drunk,” to name a few terms. There has been much evidence that many college students who reference dangerous drinking habits on social media are more likely to display drinking problems.


Illinois DUI lawyerDrinking socially can be a way to unwind from a stressful week, as long as the individual drinking is doing so responsibly. Many parents, legal guardians, and other adults have furnished alcohol to their children, even if under the age of 21. However, even though the furnishing of alcohol may not be in a public place, the state of Illinois still considers this action to be illegal and it may come with very serious charges, including driving under the influence, if the person drinking alcohol decides to drive afterward.

Why Is Furnishing Alcohol to a Minor Illegal in Illinois?

If an adult over the age of 21 provides alcohol to a person under the age of 21, he or she may face some very serious consequences. The individual may face a fine of up to $2,500 and one year in jail for a misdemeanor offense. However, if the individual is charged with a felony, he or she may face a fine of up to $25,000 and at least one year in prison.


Illinois DUI lawyerJust recently, there has been a novel way for law enforcement to determine whether or not a person has been driving after using drugs. To test for alcohol in the system, the standardized breath test is often administered. Then, if the driver who was pulled over had been drinking before going behind the wheel, he or she may be charged with a DUI, which could cause undesired consequences, such as lost driving privileges, loss of the vehicle, or even lost employment opportunities.

What Is This New Test?

Drunk driving is often very obvious to detect, with the slurred speech and the smell of alcohol on the driver. However, if the driver has been using marijuana, prescription drugs, and heroin, there are other ways that these drugs must be detected.


Illinois DUI lawyerSpending an evening or weekend with family and friends is a common way to unwind from a very hectic week. Sometimes, these social gatherings include alcohol, and anyone who is driving must be aware of the adverse consequences that may follow after choosing to drink and drive. When leaving an event, there must always be a designated driver. However, if there is no designated driver, there is always the option for ride-sharing, as to prevent the possibility of driving under the influence otherwise. In Illinois, there are many DUI charges that have been administered, but ten notable cities in the state have experienced the biggest number of DUI charges.

Number of DUI Charges

In 2016, there were a total of 5,619 DUI arrests by the Illinois State Police. Between the years 2015 and 2016, the highest percentage point of DUI arrests included:


Illinois DUI lawyerWe are now into 2018, with most of us on a clean slate. On New Year’s Eve, there are always parties that occur, which often include alcohol. Even though most people create a strategy to return home safely and without legal interference, DUI’s often occur around this time. Driving after consuming alcohol is very dangerous and can cause you and those affected undesired consequences, such as a criminal record, serious injury, or even death. However, mixing drugs and alcohol has been proven to be more potent than just alcohol by itself.

Why Is it Dangerous to Drive After Using Drugs?

Alcohol, marijuana, cocaine, and methamphetamines have been proven to cause harm on the roads. Alcohol and marijuana have been commonly known to cause a delay in reaction time, impaired judgment of time and distance from other vehicles, and decrease in driving coordination. Cocaine and methamphetamines often cause the offender to drive aggressively and carelessly, and benzodiazepines, one of many different types of sedatives, can cause dizziness and drowsiness.


Posted on in DUI Defense

Illinois DUI lawyerWe are approaching the end of the year, and 2018 is in plain sight. Many of us have already planned our New Year’s Resolutions for the upcoming year, and we want to keep them for as long as possible. Unfortunately, on New Year’s Eve, too many people decide to drink excessively and then go behind the wheel to attempt to go home. New Year’s Eve is a day when many DUI’s occur, and those who have been charged with a DUI may have to spend the beginning of the New Year behind bars.

How Can New Year’s Eve Celebrations Affect the Number of DUI Cases?

Every year on New Year’s Eve, law enforcement officers keep a much closer eye on the roads due to the number of parties that involve alcohol that occurs during this time. Another major concern includes the mixture of drugs and alcohol at parties, and those who use this concoction try to drive home; far too many cases involve DUI-related deaths from this “experiment.” Two years ago, there were three times as many DUI-related deaths that included the mixture of alcohol and drugs than there were if the alcohol and drugs were kept separate.


Posted on in DUI Drugs

Illinois DUI lawyerDriving under the influence of alcohol and driving under the influence of marijuana can cause serious injuries and even death if an accident was ever to occur. However, how each substance is measured is different. Individuals may use marijuana for medicinal purposes, but they still need to be aware of the potential dangers of driving after using the substance. Individuals are alarmed at what they find out about the dangers of driving after using marijuana.

What to Know About Marijuana Use and Driving

Three years ago, in 2014, there were about 7,000 individuals who started using marijuana or similar substances every day. During the weekend nights, as many as 13 percent of all drivers have some amount of marijuana in their system, compared to only nine percent of weekend nighttime drivers in 2007. Alcohol and marijuana are the two biggest contributors to drugged driving.


Posted on in DUI Defense

Illinois defense attorneyAfter a stressful week, many people try to unwind by going out and having a drink or two, which is acceptable as long as they have made arrangements for their return home, and as long as they are over the age of 21 years old. If someone is caught driving under the influence, they may face serious consequences that could cost them their quality of life. If a person under the age of 21 is found drinking and driving, his or her consequences may be even more severe.

What Is Zero Tolerance?

Illinois is a “zero tolerance” state, where any driver under the age of 21 will automatically lose driving privileges for a minimum of two years if caught with any alcohol in his or her system. If the driver’s license is suspended before the offender reaches his or her 21st birthday, then a driver remedial education course must be successfully completed, and a driver’s licensing examination must be submitted to revalidate the driver’s license.


Illinois defense lawyerIt is now the holiday season, and everyone is making plans for the holidays. Whether the plans are for Christmas Day or New Year’s Eve, alcohol is often involved in the social gatherings. It is best to prepare for an evening of drinking by determining who will be the designated driver, or if share riding may be the best option. If you do not follow these options and are caught drinking and driving, you could face very serious consequences. However, if you have been charged with a DUI, then you may be able to reinstate your driver’s license.

When Can a Driver’s License Be Reinstated after a Suspension?

If driving privileges have been suspended, then those privileges can be reinstated after the statutory summary suspension period has ended. For the driver’s license to be reinstated, the offender must make sure that all other suspensions and revocations on their driving record are be cleared, pay a $250 reinstatement fee to the Illinois Secretary of State after the first offense, pay an additional $500 reinstatement fee to the Illinois Secretary of State for repeat offenses, and make sure the reinstatement of driving privileges becomes valid. Reinstatement will go into effect when the information is entered into the driver’s record in the Secretary of State’s office when the termination date has passed.


Posted on in DUI Defense

DUI lawyerNo matter how complicated the DUI defense process may be, it is not always perfect. Given the fact that everyone makes mistakes, some of them can be very serious and can negatively affect your quality of life. Filling out the paperwork for a DUI charge must be accurate, and no mistakes can be made. For more than seven years, at least 3,000 drivers in the Chicago area were arrested for a DUI, but their information was not logged into the State’s system.

DUI Mix-Ups Can Cause Serious Problems

More than thousands of people caught drinking and driving have avoided required license suspensions because of mix-ups in DUI papers. They have also could stay on the roads since their DUI paperwork did not go through or was mishandled. Research has found that the arrests of those drivers were not logged into the Illinois state computers to suspend their driver’s license. Because of these failures, there is much concern that there may be more dangerous drivers on the roadway than anticipated.


Illinois defense attorneyIn two days, most of us will celebrate the holidays. For many families, this means that there will be several relatives coming over, with the traditional holiday tree, presents, and quality time. Other families celebrate the holidays differently. No matter how anyone celebrates the holidays, the day before often starts the deadliest season for drunk driving and related injuries. There are many facts that you need to know about DUI charges and the holidays, as well as how to protect yourself from a DUI charge.

Holiday DUI Statistics

Starting on the Wednesday before Thanksgiving, the holiday is considered the deadliest holiday weekend on American highways. Between the years 2012 and 2016, over 800 people died from alcohol-related accidents during this long weekend. Drunk drivers will be closely watched by the Illinois State Police, and everyone traveling during the weekend must have at least one designated driver. On average, the DUI offender is arrested between 11 pm and 4 am on a weekend after their social gatherings have come to an end.


Illinois DUI lawyerWeekends are often spent having a good time with family and friends. When people attend social gatherings, alcohol is often involved. Even though many people make the wise decision to choose a designated driver who will safely drive everyone home, there are several others whose decisions are not as wise. People may “pregame,” or drink before a social gathering or event, which may include drinking and driving, and therefore illegally carrying alcohol in the car.

Consequences of Illegally Carrying Alcohol in a Vehicle

In the state of Illinois, it is illegal to carry or possess alcohol in the passenger seat of a car. It must be in the original container and the seal unbroken during transport. If a driver is caught illegally transporting alcohol in his or her car, then there will be a maximum fine of $1,000 and a violation on that person’s record.


Posted on in DUI Defense

Illinois DUI attorneyWe live in a society where we often believe that drinking and driving is glamorous. Many movies and TV shows try to portray driving drunk as a part of everyday life. Unfortunately, reality is nothing like the movies. If a person is caught drinking and driving, he or she may be charged with a DUI, likely causing the driver to pay heavy fines, spend time behind bars, and even lose driving privileges.

If a person has made plans to drink, then he or she should plan ahead as to get home safely. Getting behind the wheel after having a few drinks can cause so many unthinkable risks that could drastically impact quality of life.

Why Do People Drink and Drive?


Posted on in DUI Defense

Illinois DUI lawyerA nice evening on the weekend is perfect for any social gathering, whether for a birthday, wedding, or just an evening with family and friends. If alcohol is involved, it should not a problem if people partake in drinking. Where the act of drinking becomes a problem is when a person has had a little too much to drink and then attempts to drive back home. If anyone drives home after drinking, that person needs to know what the consequences may be if pulled over by law enforcement.

DUI and Penalties

A difference between a DUI charge and an aggravated DUI charge lies in the number of DUI charges the offender has committed, if the offender transported anyone 16 years old or under, and the offender’s BAC level.

DuPage County Bar Association Illinois State Bar Association 9.9Michael Francis McMahon Illinois Prosecutors Bar Association Michael Francis McMahonReviewsout of 6 reviews
Back to Top