Posted on April 11, 2022 in DUI

In Illinois, an individual is considered to be intoxicated by alcohol if he or she has a blood alcohol content (BAC) of 0.08 percent or greater. Breath tests like breathalyzers are just one way of measuring the amount of alcohol in a person’s system. Blood tests, or tests that directly test the amount of alcohol in someone’s blood, are also used in drunk driving cases. Blood tests are often considered more reliable than breath tests. However, many different issues can cause a blood test to be inaccurate.

If you or a loved one were charged with driving under the influence (DUI), it is important to remember that it may be possible to avoid conviction even with a failed blood alcohol test.

Three Major Problems with Blood Alcohol Tests

When police suspect that someone is driving under the influence of alcohol, they may ask the person to complete a field sobriety test or take a breathalyzer test with a handheld device. These tests may provide probable cause for a drunk driving arrest. Once the person is arrested and taken to the police station, they may be subjected to further testing, including a blood test. The blood test may also be given at a hospital.

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 Posted on March 24, 2022 in DUI

Typically, when someone is arrested for a criminal offense, he or she is not subject to penalties or punishments until he or she is convicted of that crime by a judge or jury. However, drunk driving arrests are different than other types of arrests. If you are arrested for driving under the influence (DUI), you are subject to an administrative penalty in the form of a driver’s license suspension. Once your license is suspended, it is illegal to drive and doing so can lead to additional criminal charges.

If you lost your license due to alleged drunk driving, you may still be able to regain the ability to drive legally through a Monitoring Device Driving Permit (MDDP).

Statutory Summary Suspension of Your Driver’s License After A DUI

Many people do not realize that you can lose your license for drunk driving even if the court ultimately finds you not guilty of drunk driving. A statutory summary suspension is applied when a DUI suspect either fails a chemical breath test like a breathalyzer or refuses to take a chemical test. So, if you blow over a 0.08 percent blood alcohol content (BAC), you could lose your license. Typically, the statutory summary sentence becomes effective 46 days after the DUI arrest. If you have not been arrested for DUI within the last five years, the driver’s license suspension is six months. If you refused chemical BAC testing, the suspension period is one year.

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 Posted on March 11, 2022 in DUI

Most people take one or more prescription medications on a daily basis. You may be surprised to know that it is possible to be charged with driving under the influence (DUI) for driving after taking medication – even if the medication was prescribed by a physician and taken legally.

DUI convictions can result in revocation of the offender’s driver’s license, steep fees, and depending on the circumstances, jail time.  If you or a loved one were charged with drunk driving because of prescription medication, contact a DUI defense lawyer for help.

DUI for Doctor-Prescribed Medicine

It is hard to believe that something rightfully prescribed by a doctor can lead to DUI charges. However,  Illinois law states that a driver may be charged with DUI for:

• Having a blood alcohol content of greater than 0.08 percent

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 Posted on February 21, 2022 in DUI

When police officers suspect someone of driving while intoxicated by drugs or alcohol, they may ask the driver to take a field sobriety test. These tests are supposed to help officers determine whether or not a person is intoxicated. If the results of the field sobriety test indicate intoxication, the officer may ask the suspect to take a breath test or “breathalyzer.” The individual may be charged with driving under the influence (DUI) and subject to administrative consequences and criminal penalties. Read on to learn about some of the top questions regarding field sobriety tests in Illinois.

The purpose of field sobriety tests is to help law enforcement determine if there is evidence of impairment. Often, field sobriety test results are used as justification for a DUI arrest. 

Understanding The Three Most Common Tests

• Horizontal Gaze Nystagmus – Alcohol has many different effects on the body. One such effect is an involuntary jerking of the eyeballs. Police may ask a suspect to follow a pen or other object with his or her eyes which they watch for signs of irregular eye movement.

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 Posted on February 15, 2022 in License Reinstatement

In Illinois, drivers can lose their licenses for several different reasons. One of the most common reasons for driver’s license suspension or revocation is driving under the influence (DUI). Once your license is suspended or revoked, it becomes a criminal offense to drive any motor vehicle.

A driver’s license suspension eventually ends, and the driver can get back on the road legally. However, getting your driving privileges back after a revocation requires additional steps. You will need to attend either an informal or formal driver’s license reinstatement hearing with a representative from the Illinois Secretary of State (SOS) and demonstrate that you have taken the required steps. The steps you are required to take are largely based on your risk classification.  

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 Posted on January 18, 2022 in License Reinstatement

In Illinois, drivers can lose their driving privileges due to a conviction for driving under the influence (DUI), multiple traffic violations, or conviction for a felony offense involving a vehicle. Driver’s license suspensions eventually terminate and the driver can pay a small fee to reinstate their driving privileges. However, once your driver’s license is revoked, the only way to get it back is through a driver’s license reinstatement hearing. Formal hearings are held at one of four Secretary of State locations in Illinois.

Understand the Requirements for License Reinstatement

Formal driver’s license reinstatement hearings are usually required when a driver has been convicted of a serious offense such as a second or third DUI or DUI resulting in death. Attending the hearing alone does not guarantee reinstatement. Depending on the circumstances of the offense, drivers may be required to complete a DUI risk education class, early intervention program, or substance abuse treatment to regain driving privileges. Make sure you understand exactly what is expected of you and complete those requirements before your hearing.

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 Posted on January 07, 2022 in Criminal Defense

Being arrested, charged with, or convicted of a crime can change your life forever. Not only can criminal convictions lead to jail time, and other penalties, being involved in the criminal justice system can also damage your personal and professional reputation. Having a criminal record can adversely affect your ability to get a job, secure housing, and live the life you want to. Understandably, many people are eager to get their criminal records erased. Read on to learn about expungements and record sealing in Illinois and what you should do if you want help erasing your criminal record.

Erasing Your Arrest Record

People get arrested every day. Whether due to an allegation of driving under the influence (DUI), shoplifting, drug possession, or another crime, being placed under arrest is not the same thing as being charged or convicted of a crime. Unfortunately, even if your arrest did not result in a conviction, there may still be a record of the arrest. Others may be able to view this arrest record and use it against you. Fortunately, you may be able to have the record of your arrest cleared from your record through the expungement process.

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 Posted on December 27, 2021 in DUI

In Illinois, drivers can lose their licenses for many different offenses. Driver’s license suspensions and revocations may result from charges for driving under the influence (DUI), multiple traffic violations, and failure to pay tickets. Once a license is suspended or revoked, the license holder is prohibited from driving any motor vehicle. Driving with a suspended or revoked license is a criminal offense. Fortunately, there may be a way to get back on the road legally after losing your license.

Seeking Driving Relief Through a Hardship License

If you lose your license, you may wonder how you will travel to work, attend classes, or manage other important responsibilities. One option is to seek driving relief through a Restricted Driving Permit (RDP). RDPs are sometimes referred to as “hardship licenses” because they offer partial driving privileges for those adversely affected by the loss of their driver’s license. For example, if you risk losing your job because you cannot drive, this may qualify as a hardship.

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 Posted on December 07, 2021 in License Reinstatement

In Illinois, a person may be subject to a driver’s license suspension or revocation if they are accused of drunk driving, leaving the scene of an accident, multiple traffic violations, drag racing, or other offenses. Once your license is suspended or revoked, it is illegal to drive any motor vehicle. Driver’s license suspensions automatically terminate after a certain period of time. Once the suspension is up, you pay a fine and regain your driving privileges.  

Unlike a driver’s license suspension, a driver’s license revocation does not automatically terminate. To get your license back after it is revoked, you must attend a Secretary of State hearing and demonstrate that you have met the requirements for driver’s license reinstatement.

Informal Secretary of State Reinstatement Hearings

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 Posted on November 23, 2021 in DUI

When we drink alcohol, the alcohol can be detected in our breath, urine, and blood. Often, the results of a chemical blood alcohol content (BAC) test are a key component of an arrest for driving under the influence (DUI). Breath tests, sometimes called Breathalyzers, analyze the alcohol on a person’s breath in order to approximate the person’s BAC. If you or a loved one have been arrested for drunk driving, it is important to understand how breathalyzer results can impact the case.

Can I Refuse a Breathalyzer in Illinois?

When police officers suspect a driver of drunk driving, they usually ask the driver to take a breath test. The subject blows into the device and the device registers a number representing that person’s estimated blood alcohol content. The use of the term “estimated” is intentional. Roadside breathalyzers are considered “preliminary breath tests.” These devices can estimate the amount of alcohol a person drank but they are not accurate enough to be entered as evidence in a DUI case.  Preliminary breath tests are used to establish probable cause for a DUI arrest. You have the right to refuse a preliminary breathalyzer.

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