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Illinois DUI defense lawyerIn Illinois, if a driver’s blood-alcohol content (BAC) measures .08 or higher, they are automatically deemed guilty of driving under the influence of alcohol. Under the law, a driver is assumed to be too impaired to drive when their BAC is .08 or higher. However, you should be aware that, under certain circumstances, Illinois drivers can be penalized for drinking and driving with a BAC below .08.

Four Ways You Can Be Penalized for Driving with a BAC Below .08

Scientific studies have shown that alcohol begins to affects your judgment and reaction time starting from the first drink, well before your BAC reaches the .08 level. Therefore, some types of drivers are held to a stricter standard for highway safety reasons. Illinois law defines four ways you can be charged with DUI or otherwise penalized for driving with even a very low level of alcohol in your system.

While driving a personal vehicle, you could be charged with DUI if your BAC tests higher than .05 but less than .08. However, in this situation, in order for you to actually be convicted of DUI, the police must present other convincing evidence that you were actually too impaired to drive safely. The arresting officer would have to testify, for example, that you were driving erratically, failed field sobriety tests, and/or admitted to consuming other types of intoxicants in addition to alcohol.

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Posted on in DUI Defense

Illinois defense attorneyDriving under the influence of alcohol is a very serious offense that can be deadly. Not only can a DUI negatively affect the lives of others involved, but the offense can also negatively affect your life, as you may have a much more difficult time gaining employment, rights to your driver’s license, and the ability for you to maintain a vehicle. Even though drunk driving can cause major problems, there has been evidence shown that driving under the influence of drugs may be more serious.

DUI Deaths Related to Drugs and Alcohol

Three years ago, in 2015, drug tests that had tested positive were more common than the presence of alcohol in drivers who were killed in a car accident. As much as 43 percent of motorists killed had used drugs prior to driving, and 37 percent of motorists killed had been drinking before driving. Even though drugs and alcohol can affect individuals differently, drinking and driving or using drugs and driving should be taken seriously all around. If a driver acts impaired after using drugs and alcohol, he or she should not drive.

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Illinois DUI lawyerSpending an evening or weekend with family and friends is a common way to unwind from a very hectic week. Sometimes, these social gatherings include alcohol, and anyone who is driving must be aware of the adverse consequences that may follow after choosing to drink and drive. When leaving an event, there must always be a designated driver. However, if there is no designated driver, there is always the option for ride-sharing, as to prevent the possibility of driving under the influence otherwise. In Illinois, there are many DUI charges that have been administered, but ten notable cities in the state have experienced the biggest number of DUI charges.

Number of DUI Charges

In 2016, there were a total of 5,619 DUI arrests by the Illinois State Police. Between the years 2015 and 2016, the highest percentage point of DUI arrests included:

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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 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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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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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 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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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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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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