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Illinois DUI defense lawyersMost people know that you can lose your driver’s license if you are arrested for driving under the influence of alcohol or drugs (DUI) in Illinois. However, many people do not realize that there is a way you can get a statutory summary suspension of your driver’s license rescinded (canceled).

You Have the Right to a Court Hearing on the Suspension

If you fail or refuse chemical testing following a DUI arrest, the state of Illinois imposes an automatic suspension of your driver’s license, the statutory summary suspension. For most people, this suspension lasts six months if you failed testing (meaning you were over the legal limit) or 12 months if you refused to test.

But the law also grants you the right to a court hearing to challenge the suspension. At this hearing, your lawyer can question police officers and present arguments as to why your license should not have been suspended. If the judge is convinced, the statutory summary suspension will be lifted.

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DuPage County DUI defense lawyersIn Illinois, a driver who is arrested for driving under the influence of alcohol or drugs (DUI) faces two penalties. First, there is the criminal charge, punishable by fines, jail time, and other penalties. Second, there is an administrative sanction, the statutory summary suspension of your driver’s license. Most people know they need to fight the criminal charge. But did you know that you can also fight the statutory summary suspension?

Understanding the Statutory Summary Suspension Law

If you have been arrested on suspicion of DUI, Illinois law requires you to submit to chemical testing for drugs and/or alcohol (625 ILCS 5/11-501.1). If you refuse to be tested, the penalty is the statutory summary suspension of your driver’s license for a minimum of one year. If you test over the legal limit for alcohol, cannabis, or another controlled substance, your driver’s license will be suspended for a minimum of six months.

If you refuse or fail chemical testing, the police will take your Illinois driver’s license and give you a receipt that allows you to continue driving legally for the next 45 days. On the 46th day, the suspension automatically takes effect.

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Oak Brook DUI defense lawyerOne of the most common questions asked about driving under the influence (DUI) is this: If you are arrested for DUI, should you submit to a breathalyzer test at the police station or refuse to blow?

As you will see, this is a difficult question to answer. Some experts argue that the less evidence you give the prosecution, the better; in other words, refuse the test if there is any chance you are over the legal limit. Others argue that it makes sense to take the test because, if you are below the legal limit, you could get the DUI charge dismissed altogether.

The purpose of this article is simply to help you understand the consequences of taking versus refusing a post-arrest breathalyzer test. This test is also referred to as an evidentiary test because the device and procedures are considered accurate enough to be used as evidence in court.

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DuPage County DUI defense lawyerThe ubiquitous red Solo cup is likely to appear in your hand at some point during a seasonal party. Here are some handy tips to help you track your alcoholic beverage consumption in terms of the current standard, 18-ounce, squared Solo cup. Knowing how much you have consumed will help you stay safe and avoid the chance of an arrest for driving under the influence (DUI).

What Constitutes a “One Drink” of Beer, Wine, or Liquor

With today’s wide variety of alcoholic beverage choices, you really have to be aware of the alcohol content of your drink of choice. The number of ounces one “standard” serving varies from 1 ounce to 12 ounces:

  • Bourbon or whiskey labeled “barrel proof” or “single barrel” (120 proof, 60% alcohol): 1 ounce.
  • Standard liquor (80 proof, 40% alcohol): 1.5 ounces.
  • Wine, champagne, sparkling wine (12% alcohol): 5 ounces.
  • Imperial stout or double IPA (10% alcohol): 6 ounces.
  • Craft beer (6% alcohol): 10 ounces.
  • Regular beer (4.5% alcohol): 12 ounces.
  • Hard cider or hard lemonade (5% alcohol): 12 ounces.

How to Manage Your Consumption by Solo Cup

When mixing a cocktail, pour the liquor in first. 3 ounces will amount to about an inch of liquid in the bottom of your Solo cup. The liquid should just touch the bottom of the word Solo that is spelled down the side of the cup. Add mixer and ice, and that will be the equivalent of two drinks. (Let us assume the use of real glasses for those single barrel bourbons and whiskeys.)

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Illinois drugged driving defense lawyerWhen you think about driving under the influence (DUI), do you think the bigger issue is driving while intoxicated by alcohol, or driving while impaired by drugs, such as marijuana or heroin?

Drug-Impaired Driving Is a Growing Problem

Interestingly enough, fatal car crash data shows that the number of alcohol-impaired drivers killed has declined over the past decade, while the number of drug-impaired drivers killed has risen. Now, there is no nationwide standard protocol for alcohol and drug testing of drivers killed in car crashes, but a report issued by the Governors Highway Safety Association in May 2018 stated some concerning facts in relation to drug-impaired driving:

  • The number of known alcohol-positive drivers killed in a car crash decreased from 7,750 in 2006 to 5,473 in 2016;
  • The number of known drug-positive drivers killed in a car crash increased from 3,994 in 2006 to 5,365 in 2016;
  • Of those who were tested, nearly half of the drivers involved in a fatal crash tested positive for both drugs and alcohol; and
  • Of the drug-positive drivers killed, 38% tested positive for cannabis, 16% for opioids, 4% for both, and 42% for some other drug.

 One reason given for the increase in drug-impaired driving is the rise in opioid use, which includes illegal “street” drugs, like heroin and illegally manufactured fentanyl (a synthetic opioid), as well as prescription drugs like Oxycontin and Vicodin.

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