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How a DUI Conviction Could Impact Your Parenting Case When a person is arrested on DUI charges, it is important to recognize the monumental way in which their lives can be altered in the event of a conviction. Not only will a conviction constitute a Class A Misdemeanor and come with significant fines, but a conviction can also impact one’s ability to drive without restrictions and secure employment opportunities. In other instances, a DUI conviction can result in drastic changes to a person’s life, simply due to the timing of the case. Below, we will analyze just a few ways in which a DUI conviction could impact your child custody case, which Illinois calls the allocation of parental responsibilities. 

Implications of a Conviction 

When a parenting issue is taken to court, a judge will use a number of criteria to gain an understanding of which parent is most fit to meet the needs of the child. In Illinois, parents are awarded amounts of parenting time and decision-making authority based on their ability to display a certain level of responsibility and care towards the child. These are just a few of the ways in which a judge may consider a recent DUI conviction as they make their decisions:

  1. Irresponsibility: As the judge considers which parent should have the majority of parental responsibility, a large criterion they will consider is whether or not the parent is mature enough to raise a child independently. While driving under the influence does not mean that one is a bad parent, it certainly will not help your case as the judge considers your parental viability. 
  2. Substance Abuse: A DUI conviction is often the byproduct of one bad decision, but you can be confident that a judge will ask you questions regarding your use of substances, due to the recent conviction. You will have to demonstrate to the judge that you do not have a substance abuse problem and that the DUI was an unfortunate event. The last thing a judge wants to do is send a child into the arms of someone with a substance abuse issue. 
  3. Impact of the DUI Penalties: Because a DUI conviction constitutes a Class A misdemeanor, the impact on one’s life can be significant. For instance, a person can struggle to secure employment or housing opportunities. This may impact the way a judge views a parent as a provider. It should be noted that a parent with a restricted driver’s license essentially restricts the activity of the child, which may be taken into consideration as well. 

Contact an Oak Brook DUI Defense Attorney

At McMahon Law Offices, we are dedicated to assisting our clients throughout their criminal defense cases. In the case of a DUI, we fully understand the ways in which a conviction can impact a person long-term, and we will do everything in our power to avoid that legal outcome. To schedule a complimentary initial consultation with an experienced DuPage County DUI defense attorney, call us today at 630-953-4400. 

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Understanding the Ramifications of A DUI ConvictionThroughout the United States, hundreds of thousands of Americans are arrested for driving under the influence each year. In Illinois, more than 25,000 people are arrested for DUI on an annual basis. While driving under the influence of alcohol may be a common crime, a conviction can come with serious legal ramifications. Below, we will discuss just some of the ways that a DUI conviction can impact you. In the event of a DUI arrest, it is critically important to contact a criminal defense attorney that you can trust. 

How A Conviction Can Impact Your Life

When a person is convicted of DUI, the impact on their life can be severe. Recognizing this, it is paramount to work with a legal professional that will build a strong defense case in the hopes of ultimately avoiding a conviction:

  1. Loss of Standard Driving Privileges: According to Illinois state law, a first-time DUI offender will face a minimum license revocation period of one year. If the driver is under the age of 21, their license will be revoked for a minimum of two years. In Illinois, first-time DUI offenders may be eligible to regain their driving privileges after the installation of a Blood Alcohol Ignition Interlock Device (BAIID). The offender will be forced to pay for the BAIID as well as a camera system that will allow law enforcement officials to witness the driver testing their blood alcohol level. Prior to installation, the offender must also take part in a substance abuse treatment program or alcohol remedial education course. 
  2. Significant Financial Toll: There is no question about the fact that a DUI conviction is costly. A first-time conviction comes with a minimum fine of $500. The perpetrator will also be forced to pay court fees, as well as other expenses such as installation for BAIID devices mentioned above. Because the offender will have to go through court sessions and take part in a minimum of 100 hours of community service, a conviction can result in a significant loss of work time. 
  3. A Mark on Your Permanent Record: In Illinois, a first-time DUI conviction constitutes a Class A Misdemeanor charge, which will remain on the convicted party’s permanent record. Having a significant charge on your criminal record can impact your ability to obtain employment, housing opportunities, and secure loans. In short, the long-term impact of a DUI conviction can far outweigh the cost of the initial expenses.

Contact an Oak Brook DUI Defense Lawyer

Recognizing the manner in which a DUI conviction can impact a person’s personal well-being, our team at McMahon Law Offices is fully committed to fighting against your charges. Through thorough conversations with our clients and examination of the arrest process, we will work diligently to develop a defense strategy that can minimize the legal ramifications of the charge. To schedule a complimentary initial consultation with an experienced DuPage County DUI defense lawyer, call us today at 630-953-4400

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Three Common Strategies for DUI DefendantsWhen a person is arrested on DUI charges, it is common to feel helpless. The arrest process can be frightening, and the thought of fighting a DUI charge can seem nearly impossible. However, there are a number of ways in which a skilled criminal defense attorney can craft a defense strategy that could help their client avoid a conviction and subsequent mark on their criminal record. Recognizing that even a first-time DUI conviction results in a Class A misdemeanor, temporary license revocation, and a significant fine, an experienced defense lawyer will do everything in their power to see the charges dropped. If you have been arrested for driving under the influence, speak with an attorney as soon as possible.  

How to Fight a DUI Charge 

When you initially meet with your attorney, the first step you should take is telling them everything you remember about the arrest. The initial conversation will allow your attorney to examine avenues they may take to develop a comprehensive and compelling defense strategy. 

  1. Lack of Reasonable Suspicion: In order for a law enforcement official to stop your vehicle, they must have a reasonable suspicion that you are breaking the law. Common reasons for a traffic stop can include speeding to swerving from lane to lane. If you are stopped without reasonable suspicion, all evidence obtained after the initial stop will be inadmissible in court. In order for you to be arrested on DUI charges, the officer must have probable cause to believe that you are in violation of state DUI laws. 
  2. Challenging Officer Testimony: In most DUI cases, the officer will believe that the person in question is inebriated due to the presence of common symptoms. In some cases, though, those symptoms may not be indicative of inebriation. For instance, a person may have bloodshot eyes due to allergies or sickness. A person may be suffering from slurred speech or irregular movement due to a medical condition rather than being under the influence of drugs or alcohol. 
  3. Lack of Miranda Warning: While Miranda warnings are usually not a key aspect of DUI cases, they can play a role if a person is taken into police custody. If an officer does not recite the Miranda warning and a suspect says something incriminating while in police custody, the incriminating statement and any other statements will be inadmissible in court. Recalling the arrest process in its entirety can be critical to your attorney’s ability to craft a compelling defense case. 

Contact an Oak Brook DUI Defense Lawyer

At McMahon Law Offices, we fully understand the manner in which a DUI conviction can drastically impact a person’s livelihood. Understanding the ramifications of a conviction, we are prepared to do everything in our power to fight a conviction. If a conviction is unavoidable, we are prepared to guide you through the processes of regaining your driving privileges. To schedule a complimentary initial consultation with a knowledgeable Oak Brook, Illinois, criminal defense attorney, contact us today at 630-953-4400. 

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How Your Attorney Can Assist You Post-DUI Conviction In Illinois, more than 25,000 people are arrested for driving under the influence of drugs or alcohol on an annual basis. In some of these cases, an attorney can craft a strong defense strategy that will help their client avoid a conviction. These defense strategies can range from wrongful seizure to misdiagnosis of inebriation symptoms and, in some cases, can be incredibly effective. In other cases, a conviction is unavoidable. Below, we will go over just a few of the reasons why maintaining a working relationship with your attorney after a DUI conviction can be critical to ensuring a high quality of life. 

Appealing Your DUI Conviction

After your case has been settled in circuit court, it is common to feel hopeless if you have been convicted. In reality, it may be possible to appeal the outcome of the case to a higher court. Recognizing the fact that a DUI conviction can result in a significant mark on one’s criminal record and potential license revocation, an appeal can be the right decision in some cases. In the appeal process, a panel of judges will examine the evidence and determine whether:

  • The evidence was able to prove your guilt in absolution;
  • Any evidence was suppressed or should have been suppressed; or
  • The sentencing was excessive.

In order to provide yourself with a fighting chance throughout the appeal process, it is crucial to continue working alongside your attorney. 

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Examining DUI Arrests During Summer MonthsWith the summer months officially in full bloom, local law enforcement officials are on the lookout for inebriated drivers. It should come as no surprise that the number of DUI arrests is much higher during summer months when compared to other times of the year. A DUI can significantly impact your employment opportunities, approval for housing options, and ability to drive. Below we will take a deeper look into alarming statistics on drinking and driving during the summer, while also examining how a DUI could impact your livelihood.  If you are facing DUI charges, it is critically important to speak with a qualified legal professional immediately. 

Increased Surveillance for Summertime Drinking and Driving 

With so many people out enjoying various forms of outdoor recreation, there are bound to be an increased number of drunk drivers on the road during summer months. According to the National Highway Traffic Safety Administration (NHTSA), the Fourth of July represents one of the most dangerous days with regard to drunk driving. In 2017, 237 people were fatally injured in car accidents involving drunk drivers on the holiday. Recognizing this fact, law enforcement officials throughout the U.S. ramp up their surveillance for inebriated driving. 

In many cases, increased surveillance comes in the form of DUI checkpoints. It should be noted that it is not illegal for a person to turn around and avoid a checkpoint, as long as the turn is executed in a legal fashion. It is also important to note that it is not a criminal offense to refuse chemical testing, but the driver will face a one-year license suspension. The driver will be eligible for a Monitoring Device Driving Permit. 

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