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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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Oak Brook DUI defense attorney, expunge DUI, DUI history, expungement, pleading guiltyThe human race has a tendency to take the path of least resistance—it is in our nature. A direct route is chosen instead of a scenic route. A quick fix serves its purpose over a complete overhaul. One chooses to pay a fine rather than going to court to have his or her story heard. Although in some cases it makes good sense to take the path with less stress and resistance, in others it creates more work and perhaps irreparable damage later in life.

For instance, if you are charged with a DUI, it may be tempting to plead guilty, avoid hiring an attorney, accept the consequences now, and expunge the conviction later in life, if it becomes a problem. Unfortunately, those plans may not work as anticipated.

Pleading Guilty is a Conviction

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DuPage County DUI defense attorney, DUI charges, drunk driving, alcohol and brain function, DUI chargeEach person reacts to alcohol differently, and some of the differences have to do with the tolerance level built up within a person's system. For example, a person who has never had an alcoholic beverage before is not encouraged to drink a 12-pack of beer. His or her body is not adjusted and will not know how to react.

Other factors that influence a person's tolerance to alcohol include how much the person ate during the day, his or her stress level, and body weight. However, despite tolerance levels, alcohol does have a physiological impact on the various systems of the body, which inevitably causes impairment and can result in a DUI charge.

Emotional Impact

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DUI laws, DUI defense, DUI arrest, DuPage County DUI attorney, summer DUIWhen it comes to holidays and DUI, people may consider New Year’s Eve and Christmas Day to have the highest number of fatal accidents. These holidays, however, are not the most prevalent for drinking and driving accidents.

According to the U.S. Department of Transportation, Memorial Day and Independence Day rank higher than either of the other two. The only holiday ranking consistently higher is Thanksgiving Day.

Surprising Statistics

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teenage drunk driving, DUI, DUI defense, DUI charges, DuPage County DUI defense attorneySchool is out for the summer, and this free time encourages teenagers to find methods to fill the gaps. Unfortunately, idle hands can breed mischief. One go-to time-consumer for many teens is socializing, and alcohol consumption is often incorporated. However, alcohol and teens do not mix well, under any circumstances. Moreover, underage drinking and driving can result in a deadly outcome. If fortunate enough to be stopped by a police officer before an accident occurs, the consequences may still be life-altering.

Illinois Zero Tolerance Policy

In Illinois, it is illegal to be under the age of 21 and operate a motor vehicle with any trace of alcohol in the bloodstream. This policy is is known as a Zero Tolerance Policy for Underage Drinking. Even transporting alcohol in the passenger seat of a car is illegal, regardless of ownership.

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b2ap3_thumbnail_DUI-for-sleeping-in-the-car-Oak-Brook.jpgConsider the following scenario: You went out with friends and drank too much. You knew you were not safe to drive. Rather than wait for a taxi to pick you up and take you home, or ride home with one of your intoxicated friends, you decided to sleep off your intoxication in the car. However, your decision came under question when an officer knocked on your window and began demanding sobriety tests. Now, you are facing DUI charges and you were not even driving. How did this happen?

Not As Uncommon As You Might Think

DUI sleeping in a car is possible and relatively common. The Illinois criminal code broadly states that an individual may not be in actual or physical control of a vehicle while intoxicated. If you are sleeping, are you in real control of the vehicle? The following factors provide guidelines for these cases:

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Oak Brook DUI defense attorney, marijuana affects drivingMuch of what we do while on the road can be categorized as distracting—talking, texting, eating. These are just a few examples of everyday occurrences that keep us from driving at our best. Media outlets and printed articles distribute the impact of these distractions to a broad audience. However, one less discussed modifier is marijuana, perhaps because it is a controlled substance.

Although marijuana is not legal recreationally at this point in Illinois, there are bills in motion aiming to legalize the substance for consenting adults. Many have concerns over how this will affect DUI Marijuana charges. Yet how do drugs affect our driving performance?

Marijuana Effects On Driving

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DuPage County DUI attorney, drunk drivingThere are two things we have undoubtedly heard innumerable times to avoid while driving a vehicle: drinking and texting. Yet society as a whole continues to attempt these behaviors. Up until recent years, the most deadly mischief tried on the road was drinking and driving. However, with the rise in text messaging and social media, texting while operating a motor vehicle gives DUI stiff competition for the top spot on the most dangerous list.

For Your Well-Being

Which is more likely to bring danger to yourself or others? The answer is both as drinking and driving and texting while driving are unnecessary and extremely dangerous distractions, and each reduces a driver's response time.

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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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