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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.

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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.

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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.

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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.

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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?

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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.

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Illinois DUI lawyerHaving a fun night out with family and friends is a good way to spend any day. Unfortunately, there are many situations when that same fun night may end up in one behind bars. Nobody wants to go to jail for something they could have easily prevented, such as getting behind the wheel after drinking or using medical marijuana. However, there is a huge difference between driving after drinking alcohol and driving after using medical marijuana.

What Are the Legal Blood Limits for Alcohol?

When a driver is caught drinking and driving, he or she will most likely go through a breathalyzer test to determine how much alcohol is in the blood. The blood alcohol content (BAC) is based on the percentage of alcohol in the person’s bloodstream. The legal blood alcohol content is 0.08, but anyone with a BAC of 0.05 and 0.08 may be convicted of a DUI if there is further evidence shown that the driver was greatly impaired while behind the wheel.

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Illinois defense attorneyCommon sense says that it is illegal to use a fraudulent state ID card or driver’s license, or what many people jokingly call a “Fake ID” or a “fakie.” An evening social gathering or a night of drinking at the local bar can be a fun way to spend time with family and friends. However, if a person is caught sneaking into a bar or restaurant with a fake ID, some very serious repercussions may follow.

What Can Happen If Caught with a Fake ID?

If a person is caught using a fake ID, then he or she may lose driving privileges for up to one year. However, trying to obtain a fake ID or driver’s license, allowing another person to use your ID, posing as one’s own ID or driver’s license issued to another person, and allowing unlawful use of a driver’s license or ID will count toward a Class A misdemeanor, with punishment of one year in jail and fines of up to $2,500. Any following offense will count toward a Class 4 felony.

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Illinois DUI lawyerGoing out to a nice restaurant and sharing a bottle of wine or a few beers with friends can be a fun way to spend an evening. However, to ensure that an individual will return home safely, he or she will need to plan the driving situation ahead of time. Ideally, the person does not drink alcohol before getting behind the wheel, but he or she needs to know how to handle being stopped by a law enforcement officer if found drinking and driving.

Cooperation Is Key to All Potential Consequences

While driving home, it is always nerve-wracking to see red and blue flashing lights in the rearview mirror. The worst way to react is to keep driving. The police will believe that the driver is trying to resist law enforcement. It is always best to slow down and safely pull over as to not obstruct traffic. Other means of proper action include but are certainly not limited to:

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Posted on in DUI Defense

Illinois DUI attorneySocial gatherings can be a great way to bring people together. If there is alcohol involved at the social gathering, then whoever decides to partake will need to make prior arrangements to get home safely, in order to avoid legal issues involving drinking and driving. There is a common misconception that Driving Under the Influence (DUI) and Driving While Intoxicated (DWI) are the exact same. While the description of each charge is very similar, there are some differences. Both the DUI and DWI have undesired consequences that could cost the offender his or her driving privileges, quality of life, and even up-and-coming career opportunities.

What Is the Difference Between a DUI and a DWI?

The terms DUI and DWI are often misunderstood, as many believe that these charges are the exact same. However, the term “DUI” is an acronym that stands for “Driving Under the Influence.” The term “DWI” is an acronym that stands for “Driving While Intoxicated.”

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Posted on in DUI Defense

Illinois DUI lawyerA night out with family and friends can make for a great time. Alcohol can often be involved in the fun evening, but those who decide to partake in any alcohol consumption whatsoever must take into account the responsibilities that come after drinking. A few fun hours could, unfortunately, end up in a costly expense of a DUI conviction.

How Much Does a DUI Typically Cost?

One factor to consider when drinking at a social gathering includes the cost of driving under the influence. There are many consequences that a person could face when charged with a DUI conviction, especially in the financial sector.

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Illinois DUI lawyerA drink or two of alcohol can be a great way to spend time with family and friends. In order to ensure the best quality of life possible, it is best to decide how to safely navigate traveling from the social gathering back home. If caught drinking and driving, the person affected may face very serious consequences, especially if he or she fails to submit to a chemical field sobriety test. If the person actually fails a field sobriety test, once submitted, then he or she may face charges as well.

Consequences of Refusing to Submit to Chemical Testing

Refusing to submit to a field sobriety test or chemical testing can end in unwanted consequences. If the person commits a first offense of refusing to submit, then he or she will lose driving privileges for one year. However, the offender may be eligible for driving relief and will be given a Monitoring Device Driving Permit. Once the person is issued the MDDP, then he or she will only be allowed to operate vehicles with the Breath Alcohol Ignition Interlock Device installed, unless exempted by employment, and the offender must comply with all MDDP rules and pay all BAIID fees.

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Illinois defense lawyerA drink or two of wine on a Friday night can be a way to unwind from a very hectic week. A pack or two of beer can bring loved ones together. If a person considers drinking alcohol, then he or she will need to weigh out the consequences of this action. Drinking and driving is one of the top causes of death in Illinois, and anyone caught driving with a blood alcohol content of over 0.08 will face very serious consequences.

2015 DUI Statistics

In 2015, 268 Illinois residents were killed in car accidents that involved the use of alcohol, constituting 30 percent of all alcohol related car accidents for that year. There were a total of 32,285 Illinois residents who were arrested on DUI charges, with 91 percent of those arrested losing their driving privileges.

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Illinois DUI attorneyAmericans often resort to alcohol and other means of relaxing after a long and hard week filled with responsibilities. Although many people drink responsibly and take into account the potential consequences of drinking and driving, unfortunately, not everyone considers those outcomes. Anyone who is found driving after consuming any amount of alcohol could face very serious consequences that might impact their everyday lives and activities.

Conviction Variables of DUI in Illinois

The first conviction of a DUI is a Class A misdemeanor, with at least one year of revoked driving privileges.

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Illinois DUI defense lawyerMarijuana was recently legalized for medicinal purposes, which has brought much controversial debate to society. However, even though marijuana can be used for medicinal purposes, the use of the product can still impair a person’s ability to drive. The person using medical marijuana for any given ailment should be aware of the limitations on his or her driving abilities, and should also take precaution on when to drive and consume medical marijuana.

Special Requirements for Authorized Medicinal Marijuana Users

In Illinois, individuals are allowed to use marijuana for medicinal purposes but must be registered with the Illinois Department of Public Health. Authorized individuals must also obtain a written certification from an Illinois licensed medical doctor. Once the individual is successfully registered with the IDPH, then he or she will receive a registry ID card with a notation on his or her driving record. Law enforcement will be able to review such information.

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Posted on in DUI Defense

Illinois drunk driving lawyerDriving under the influence, or DUI is defined as the act of operating a vehicle after the use of alcohol. In Illinois, the legal blood alcohol content, or BAC, is 0.08. If a person has a blood alcohol content above 0.08, then he or she will need to participate in a chemical test typically administered by the police.

2015 DUI Statistics

The blood alcohol content is based on the ratio of alcohol to blood or breath. An individual with less than a BAC of 0.08 may still be convicted of DUI if there is more evidence showing the driver’s impairment when operating a vehicle.

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Illinois DUI lawyer, Illinois defense attorneyDrivers who have had a few too many drinks before getting on the road pose a risk to themselves and others. Logically, police want to protect the community while also doing their job so they can provide for their families. In many cases, the field sobriety tests given at a stop are conducted illegally, regardless of intention. If the officer failed to adhere to the law and structure required to make a DUI stop or arrest, the integrity of the test becomes questionable. It is increasingly common for officers to wear or utilize video recording devices for a stop. This video evidence becomes useful in court.

Traditional FST Methodologies Are Inaccurate

Most of the commonly conducted field sobriety tests have been around for years, or decades. They say that if something is not broken, do not fix it. However, just because something is common practice does not make it right, either. The intention of the examinations is to determine impairment of psychomotor and cognitive functions. The theory is that if the individual is unable to follow directions and pay attention, they were not logically able to do so in a car. The three most frequent examinations are the “walk and turn,” the “one-legged stand,” and the "horizontal gaze nystagmus.” If any of the tests show any mistakes, notes claiming impairment go into the report. The pitfall of these tests is the situation in which the test is administered is not under normal circumstances. The surroundings and the experience cause adverse negative reactions, which also slow motor functions. The following factors have nothing to do with intoxication but can affect the results:

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DuPage County DUI defense attorney, driving impairment, marijuana DUI, Illinois DUI, DUI chargeAs marijuana becomes increasingly mainstream, legal questions arise. Although nothing has come to pass as of this writing, Illinois may become the next state to legalize recreational marijuana usage. 

In March 2017, two state lawmakers introduced legislation to both the House and the Senate which would make it legal for adults over the age of 21 to possess, grow, and purchase pot. If this occurs, or if you qualify for the already legal medicinal marijuana, or even if you are one of those who enjoys the recent decriminalization of small amounts of the substance, questions about impairment and driving come to mind. What constitutes DUI marijuana

Stoned Driving Laws 

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DuPage County DUI defense attorney, driving with a hangover, DUI charges, DUI laws, Illinois DUI defenseThe Centers for Disease Control and Prevention (CDC) reports that between 2003-2012, 3,866 people will killed in crashes involving a drunk driver in Illinois. Additionally, 2.2 percent of Illinois drivers reported driving after drinking too much, as compared to the national average of 1.9 percent in 2012.

These statistics clearly show that driving while intoxicated is dangerous and deadly. But what about driving with a hangover?

Esurance, an Allstate Company, provides answers to this question and they are quite disturbing. In agreement with the CDC as to the hazards of driving under the influence, Esurance warns that studies indicate how driving with a hangover is just as dangerous.

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DUI, DuPage County  DUI defense attorney, DUI arrest, anonymous tip, officer arrestGood citizens are everywhere. Their behaviors mean no harm but to only help someone in need or to assist their community. However, occasionally a do-gooder reads a situation wrong. For instance, a person may report a home break-in. But what is actually occurring is someone who is locked out of their home and is trying to find a window accidentally left unlocked.

Anonymous tips from these individuals pour into police stations regularly, and a significant portion of these tips come from drivers or passengers on the roadway who report someone who appears to be DUI.

What Do Officers Do With This Information?

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