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Identifying Police Missteps During a DUI Stop According to the Illinois Secretary of State’s Office, over 26,000 people were charged with driving under the influence of drugs or alcohol throughout 2018. With law enforcement officials constantly on the lookout for inebriated drivers, it is fair to say that anyone can be pulled over for a DUI traffic stop. One of the most important steps you can take in preparing for the possibility of a DUI stop is understanding your rights throughout the entirety of the process. Unfortunately, it is common for law enforcement officials to overstep their legal parameters in the hopes of making an arrest. If you have been charged with driving under the influence, it is time to seek out the help of an attorney. 

Law Enforcement Negligence 

When a police officer pulls you over, it is important to begin identifying their behavioral patterns, from the beginning of the interaction. If the police officer is behaving in an aggressive or agitated manner, this information could be critical to your attorney’s defense strategy. If the acting officer demands that you take part in chemical testing and refuses to take no for an answer, they are violating Illinois state law. Although you will face an automatic 12-month driving suspension for refusing to take part in chemical testing, you are not legally obligated to do so. 

If you do take part in any form of chemical testing, most commonly a Breathalyzer test, it is still possible that the officer has acted in a negligent manner. If the officer fails to film the testing, the evidence gained from the test will likely be deemed inadmissible in court. The officer is also obligated to ask you to clear your mouth of any gum or other substance that could lead to an inaccurate test. Failure to inform you to clear your mouth could also result in an inadmissible test result. 

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Posted on in DUI Defense

What Constitutes a Felony DUI Charge? Every year, thousands of drivers in the state of Illinois are arrested for driving under the influence of drugs or alcohol. Due to the inherent risks of driving while intoxicated, DUI charges can come with severe legal ramifications. While the vast majority of DUI convictions constitute a Class A misdemeanor charge, some DUIs can be elevated to a felony charge. A misdemeanor DUI can result in temporary loss of driving privileges and fines but rarely leads to jail time. A felony DUI charge, on the other hand, can lead to life-changing consequences. If you have been charged with driving under the influence, speak with a skilled legal professional immediately. 

Why DUIs Are Elevated to Felony Charges

According to the Secretary of State’s Office, a DUI can be elevated to a felony charge for a number of reasons, most commonly for a repeat offense. A third DUI charge is elevated to a Class 2 felony charge and will come with a 10-year license revocation. A fourth conviction will result in a lifetime revocation of driving privileges. Once the charge has been elevated to a felony charge it is known as an aggravated DUI. 

Outside of multiple convictions, there are a number of aggravating factors that add to the severity of the crime in the eyes of law enforcement officials. These aggravating factors include:

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Illinois defense attorneyIn two days, most of us will celebrate the holidays. For many families, this means that there will be several relatives coming over, with the traditional holiday tree, presents, and quality time. Other families celebrate the holidays differently. No matter how anyone celebrates the holidays, the day before often starts the deadliest season for drunk driving and related injuries. There are many facts that you need to know about DUI charges and the holidays, as well as how to protect yourself from a DUI charge.

Holiday DUI Statistics

Starting on the Wednesday before Thanksgiving, the holiday is considered the deadliest holiday weekend on American highways. Between the years 2012 and 2016, over 800 people died from alcohol-related accidents during this long weekend. Drunk drivers will be closely watched by the Illinois State Police, and everyone traveling during the weekend must have at least one designated driver. On average, the DUI offender is arrested between 11 pm and 4 am on a weekend after their social gatherings have come to an end.

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Illinois DUI lawyerGoing out to a nice restaurant and sharing a bottle of wine or a few beers with friends can be a fun way to spend an evening. However, to ensure that an individual will return home safely, he or she will need to plan the driving situation ahead of time. Ideally, the person does not drink alcohol before getting behind the wheel, but he or she needs to know how to handle being stopped by a law enforcement officer if found drinking and driving.

Cooperation Is Key to All Potential Consequences

While driving home, it is always nerve-wracking to see red and blue flashing lights in the rearview mirror. The worst way to react is to keep driving. The police will believe that the driver is trying to resist law enforcement. It is always best to slow down and safely pull over as to not obstruct traffic. Other means of proper action include but are certainly not limited to:

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DuPage County DUI defense attorney, driving impairment, marijuana DUI, Illinois DUI, DUI chargeAs marijuana becomes increasingly mainstream, legal questions arise. Although nothing has come to pass as of this writing, Illinois may become the next state to legalize recreational marijuana usage. 

In March 2017, two state lawmakers introduced legislation to both the House and the Senate which would make it legal for adults over the age of 21 to possess, grow, and purchase pot. If this occurs, or if you qualify for the already legal medicinal marijuana, or even if you are one of those who enjoys the recent decriminalization of small amounts of the substance, questions about impairment and driving come to mind. What constitutes DUI marijuana

Stoned Driving Laws 

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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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