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Developing a Relationship with Your Attorney in a DUI Case The ramifications of a DUI conviction can be life-changing. A first-time DUI conviction is a Class A misdemeanor in Illinois, which can lead to a significant fine, potential jail time and a mark on one’s criminal record. Outside of the immediate legal ramifications, the conviction can hinder one’s ability to land employment, housing opportunities, or loans. Recognizing the manner in which a person’s life can be impacted by a DUI conviction, it is incredibly important to hire a quality attorney. Once you have hired an attorney you can trust, it is time for you to begin developing a relationship and working on your DUI defense strategy. 

Working With Your Lawyer

In order for the attorney-client relationship to work to its greatest potential, the two parties must be in lockstep throughout the trial process. In order to develop a comprehensive defense strategy that will help you secure minimal legal punishment, you must be willing to work with your lawyer in the following ways:

  1. Be Honest: Working with your attorney is like speaking with your doctor. You want to provide your doctor with the most accurate information possible, in order for them to evaluate you properly. In legal instances, you need to provide your attorney with an accurate depiction of the events that led to your arrest, in order for them to develop the right defense strategy. Being completely transparent can be a difficult step to take but is an incredibly important one. 
  2. Focus on the Details: As your attorney goes over the events centering around your arrest, it can be helpful for you to bring out the details of the arrest process. Did the officer read you your Miranda rights once you were taken into police custody? What was the driving offense they cited for pulling you over? Do you have allergies or a medical condition that could have lead to a false diagnosis of inebriation? As your attorney prepares their defense strategy, the details can be the difference between winning and losing. 
  3. Trust the Process: As you approach your court date, you should understand the importance of remaining cordial and professional. If you lash out in court or make irrationally aggressive decisions, you could jeopardize the entire case. Remember that the trial process is not about your attorney, but about you. Your actions can make or break the likelihood of avoiding a conviction.  

Contact an Oak Brook DUI Defense Lawyer

At McMahon Law Offices, our team is entirely dedicated to representing our clients to the best of our ability. We understand the manner in which a DUI conviction can impact one’s livelihood, and we will develop a comprehensive defense strategy geared toward avoiding a conviction altogether. To schedule a comprehensive initial consultation with a skilled DuPage County criminal defense attorney, call us today at 630-953-4400. 

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Examining the Most Probable Causes for a DUI Traffic Stop When a police officer is patrolling the streets at night, they are on the lookout for all types of criminal activity. While surveying other drivers, they are most cautious of inebriated drivers. While a police officer may presume that almost every driver on the road at 2 a.m. is possibly under the influence, they are not able to pull over a driver for a traffic stop without a legitimate reason. Below, we examine the most common reasons why people are pulled over for DUI traffic stops.  

Likely Reasons for a DUI Stop

Once a police officer has pulled you over, it is likely that they will be looking for signs of inebriation. While you are not legally obligated to engage in conversation with the officer (simply offer them the necessary documents they need to process your driving information), the officer will be able to gather further information regarding your potential levels of intoxication, simply based on coming into contact with you. For instance, an officer will immediately look at a person’s eyes, smell their clothes and breath, and listen for signs of slurred speech. Because this process of gaining evidence can be critical in a DUI arrest, it is important to understand that a police officer is not legally allowed to pull you over unless you are violating traffic laws.  

The most common reasons people are pulled over in DUI traffic stops include:

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Factors That Can Cause A False Positive Breath TestAfter being charged with a DUI, it is entirely common to feel hopeless. In reality, the arrest is just the first step in the legal process. Through diligent communication with your attorney, you may be able to develop a strategy that can ensure that you avoid a conviction. One of the most common DUI defenses is a false positive breath test. Below, we will examine the most common reasons why a Breathalyzer could mistakenly indicate you are over the legal limit. In the event of a DUI arrest, speak with a legal professional immediately. 

Reasons for a False Positive 

If you are notified that you are over the legal limit of 0.08 blood alcohol content, it may seem like you have no choice but to accept your criminal punishment. In some cases though, a Breathalyzer’s results can show up as positive due to extraneous circumstances, such as:

  1. Medications: In some cases, a Breathalyzer may indicate that a person is intoxicated due to medications that a person has ingested. Most notably, cold and flu medications can cause a jump in a person’s blood alcohol content. In these instances, it is paramount to speak with your attorney immediately. 
  2. Medical Conditions: Unfortunately, some people are falsely accused of driving under the influence due to preexisting medical conditions. For instance, people with diabetes can have high levels of acetone in their breath, which can cause a Breathalyzer reading to show up much higher than the blood alcohol content actually is. In other instances, a medical condition can impact a person’s speech, balance, or mobility, prompting the officer to falsely believe they are under the influence of drugs or alcohol. 
  3. Types of Food: While somewhat uncommon, the digestion of certain foods can have a serious impact on a person’s ability to pass a breath test. Some foods such as pizza can result in a failed test due to the fermentation of the food. In other cases, ingestion of vinegar can falsely indicate that a person has been consuming alcohol. 

Contact an Oak Brook DUI Defense Lawyer

The ramifications of a DUI conviction can be life-changing. Outside of potential jail time, a conviction can result in significant fines, loss of driving privileges and difficulty securing employment. At McMahon Law Offices, we are prepared to develop a defense strategy that will make a conviction as difficult as possible. A DUI charge is a serious offense, and you deserve the most qualified defense lawyers in the greater Chicago area. To schedule a complimentary initial consultation with a skilled DuPage County DUI defense attorney, call us today at 630-953-4400.  

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Examining Common Misconceptions of DUIs and Alcohol ConsumptionA majority of the adult population in the U.S. consumes alcohol on a somewhat regular basis. Unfortunately, many people elect to drive after they have been drinking. Throughout 2017, more than 27,000 people were arrested on DUI charges in the state of Illinois. In other words, law enforcement officials are increasing surveillance and other tactics to fight the drunk driving crisis. There are a number of misconceptions related to the implications of a DUI conviction and alcohol consumption in general. Below, we will examine these misconceptions and explain their invalidity. In the event that you are charged with driving under the influence, you need to seek out quality legal representation immediately. 

  1. I Drank Some Coffee: It is not entirely uncommon for a person to have too much to drink and still want to drive home. In these instances, people regularly grab a cup of coffee, eat some food, or hop in a shower to prepare themselves for the drive. Many people believe that these tactics expedite the process of sobriety. In reality, the only thing that can make you sober is letting an appropriate amount of time pass. You may feel sober after your shower or coffee, but you still may be legally intoxicated. 
  2. I Will Not Lose My Driving Privileges: With the sheer amount of people that elect to drive drunk each year, it is safe to say that people underestimate the implications of a DUI conviction. Many people believe that a DUI charge will simply result in fines and legal fees, and that life will go on per usual. In truth, a DUI conviction can cost you your driving privileges. According to the Illinois Secretary of State’s Office, 91 percent of drivers arrested for driving under the influence lost their driving privileges because they were eligible for license suspension or revocation. Even a first DUI conviction can result in a one-year license revocation. For drivers under the age of 21, Illinois’ no tolerance policy results in an automatic license suspension. 
  3. I Did Not Drink That Much: While people enjoy going to the bar to watch their favorite team play or going to a restaurant for a romantic dinner and a few glasses of wine, it is important to know one’s personal limit. There are a number of factors that can impact a person’s level of impairment, including the person’s gender, their environment, their weight, the amount of food they have consumed, their alcohol tolerance, and their mood. Even if your friend has drunk the same amount as you, you may not both be experiencing the same level of intoxication.

Contact a DuPage County DUI Defense Lawyer

When a person is charged with a DUI, it is critically important to act quickly. The first and most important step one can take is hiring an attorney they can believe in. At McMahon Law Offices, we are confident in our ability to advocate for our clients’ best interests and assist in securing the most favorable legal outcome possible. To schedule a complimentary initial consultation with a skilled DuPage County DUI defense attorney, call us today at 630-953-4400. 

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Common Mistakes Made During a DUI Arrest and Trial No one likes being pulled over. When those lights turn on behind your vehicle, it is common to lose your composure. Yet it is important to understand that the decisions you make during your traffic stop can dramatically impact your case. If you are ultimately charged with a DUI, the decisions you make throughout the legal proceedings can alter the likelihood of a conviction. Below, we will examine some of the most common mistakes made during both DUI arrests and throughout the subsequent legal proceedings.  

Forgetting Your Rights

While many people assume that the most seamless way to navigate a DUI stop is through complete and total cooperation with law enforcement, that is not always the case. Obviously, if you have not consumed any amount of alcohol, you can expedite the traffic stop through cooperation. In other cases though, it may be important for you to exercise your rights. For instance, if a police officer is asking you questions regarding the amount of alcohol you have consumed, you have no legal obligation to answer them if you believe it might incriminate you. 

If a police officer requests that you take part in chemical testing at some point throughout the arrest proceedings, you are not legally obliged to submit yourself to testing. While refusing to submit to chemical testing is an administrative offense that will result in temporary loss of driving privileges, it is not a criminal act and will therefore not be seen on your permanent record. 

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