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IL defense lawyerWhen someone is charged with driving under the influence, they are often cited for one or more petty traffic offenses as well. Why is that?

That happens in part because, as the latest driver safety campaign says, “If you feel different, you drive different.” You make poor decisions, like driving too fast.

But it also happens because the police need a valid legal reason for initiating a traffic stop. Typically, the reason stated for a traffic stop is that the driver committed a relatively minor infraction of the law such as speeding, running a stop sign, failing to wear a seatbelt, or even having a burnt-out tail light. After observing the stopped driver and vehicle up close, the officer may then determine that a DUI charge is merited. But by writing up the ticket for the original infraction as well, the officer documents “for the record” the reason for the traffic stop.

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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 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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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 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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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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Illinois defense lawyerIt is now the holiday season, and everyone is making plans for the holidays. Whether the plans are for Christmas Day or New Year’s Eve, alcohol is often involved in the social gatherings. It is best to prepare for an evening of drinking by determining who will be the designated driver, or if share riding may be the best option. If you do not follow these options and are caught drinking and driving, you could face very serious consequences. However, if you have been charged with a DUI, then you may be able to reinstate your driver’s license.

When Can a Driver’s License Be Reinstated after a Suspension?

If driving privileges have been suspended, then those privileges can be reinstated after the statutory summary suspension period has ended. For the driver’s license to be reinstated, the offender must make sure that all other suspensions and revocations on their driving record are be cleared, pay a $250 reinstatement fee to the Illinois Secretary of State after the first offense, pay an additional $500 reinstatement fee to the Illinois Secretary of State for repeat offenses, and make sure the reinstatement of driving privileges becomes valid. Reinstatement will go into effect when the information is entered into the driver’s record in the Secretary of State’s office when the termination date has passed.

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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 lawyerA night out with family and friends can make for a great time. Alcohol can often be involved in the fun evening, but those who decide to partake in any alcohol consumption whatsoever must take into account the responsibilities that come after drinking. A few fun hours could, unfortunately, end up in a costly expense of a DUI conviction.

How Much Does a DUI Typically Cost?

One factor to consider when drinking at a social gathering includes the cost of driving under the influence. There are many consequences that a person could face when charged with a DUI conviction, especially in the financial sector.

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Illinois defense lawyerA drink or two of wine on a Friday night can be a way to unwind from a very hectic week. A pack or two of beer can bring loved ones together. If a person considers drinking alcohol, then he or she will need to weigh out the consequences of this action. Drinking and driving is one of the top causes of death in Illinois, and anyone caught driving with a blood alcohol content of over 0.08 will face very serious consequences.

2015 DUI Statistics

In 2015, 268 Illinois residents were killed in car accidents that involved the use of alcohol, constituting 30 percent of all alcohol related car accidents for that year. There were a total of 32,285 Illinois residents who were arrested on DUI charges, with 91 percent of those arrested losing their driving privileges.

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