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IL defense lawyerThe Illinois courts have long upheld a doctrine known as the “one act, one crime” rule. This doctrine is regularly applied to criminal cases stemming from a single act of driving under the influence.

Illinois Law Defines Multiple Possible DUI Charges

When a person is arrested for DUI, they may be charged with multiple offenses. For example, someone who was impaired by alcohol may be written up on two charges for the same incident:

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IL DUI lawyer“I got a ticket for DUI last night. Is there any way to get out of this?

“If I lose my driver’s license, I could lose my job. I have to be able to drive.”

“I admitted I had been drinking and I blew .08 on the breathalyzer. Is there anything you can do to help me?”

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IL DUI lawyerBefore the police can legally arrest someone for driving under the influence of drugs or alcohol (DUI), the police must have “probable cause” to believe that the person actually committed the crime. Probable cause consists of specific facts or observations made by the police.

This is not the same as proving the person “guilty beyond a reasonable doubt,” which is the standard for actually convicting someone and punishing them for the crime.

Lack of Probable Cause for an Arrest Is a Common Defense Strategy

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IL DUI lawyerWith the legal drinking age set at 21 nationwide, you would not expect there to be many arrests for driving under the influence (DUI) among people under age 21. Yet over 2,000 Illinois youth received punishment for underage driving and driving in 2016. If you are suspected of drinking and driving, the penalties you may face are substantially tougher if you are under age 21 than if you are age 21 or older.

The Legal Limit for Blood Alcohol is Lower for Underage Drivers

If you are at least 21 years old, you are considered guilty of DUI when you have a blood-alcohol content (BAC) of .08 or higher. You can also be charged with DUI if your BAC is .05 or higher and there is additional evidence that your driving was impaired.

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IL DUI lawyerWhen someone is arrested for drunk driving in Illinois, they will typically be charged with one of two crimes, either driving under the influence (DUI) or aggravated DUI.

An aggravated DUI charge results from driver actions that the state legislature has deemed particularly harmful or risky to public safety.

Aggravated DUI Is a Felony

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Posted on in DUI Defense

IL DUI lawyerWhen you hear the term “driving under the influence,” you probably picture the driver in a standard sedan or perhaps a sports car. But a significant number of DUIs happen on motorcycles, and the results are often deadly.

More Motorcycles on the Road, More DUI Deaths on Motorcycles

About 8.7 million motorcycles were on American roadways in 2016, twice as many as there were in 2002. There were 5,414 motorcyclists involved in fatal accidents in 2016, and 25% of those drivers had a blood-alcohol concentration over the legal limit, according to the National Highway Traffic Safety Administration.

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IL defense lawyerIf you have been charged with driving under the influence (DUI) in Illinois, your defense strategy will depend in part on whether your case is a “per se” DUI or “impaired” DUI.

Definition of DUI Per Se

A DUI per se (“by law”) means that your breath or blood tested over the legal limit for alcohol, marijuana, or another intoxicating substance.

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Posted on in DUI Defense

Illinois DUI lawyerWe are approaching the end of the year, and 2018 is in plain sight. Many of us have already planned our New Year’s Resolutions for the upcoming year, and we want to keep them for as long as possible. Unfortunately, on New Year’s Eve, too many people decide to drink excessively and then go behind the wheel to attempt to go home. New Year’s Eve is a day when many DUI’s occur, and those who have been charged with a DUI may have to spend the beginning of the New Year behind bars.

How Can New Year’s Eve Celebrations Affect the Number of DUI Cases?

Every year on New Year’s Eve, law enforcement officers keep a much closer eye on the roads due to the number of parties that involve alcohol that occurs during this time. Another major concern includes the mixture of drugs and alcohol at parties, and those who use this concoction try to drive home; far too many cases involve DUI-related deaths from this “experiment.” Two years ago, there were three times as many DUI-related deaths that included the mixture of alcohol and drugs than there were if the alcohol and drugs were kept separate.

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