Illinois DUI Lawyer Blawg

Former New York Yankees catcher and 1996 World Series hero Jim Leyritz is on trial for DUI manslaughter. Leyritz is accused of operating a motor vehicle while impaired by alcohol, causing the death of Freida Veitch, who was driving the vehicle with which Leyritz collided in Florida. In Illinois, this offense is known as reckless homicide.

The trial has just begun but there have already been a couple of interesting turns. Evidence shows that Veitch had a blood alcohol content of .18, well above the legal limt of .08. Leyritz's blood alcohol level 3 hours after the crash was .14. An expert for the state, relying upon the alcohol absorption curve, concluded that Leyritz's alcohol content at the time he was driving would have been .18.

Before the trial started, the prosecutor had obtained a ruling from the judge that the jury would not be allowed to hear evidence of Veitch's alleged intoxication. These pretrial motions are known as motions in limine.

In a jury trial, one of the judge's most important functions is to make rulings on whether the jury will be allowed to hear certain testimony. In some instances, a question is asked and the opposing attorney shouts "objection!" and the judge decides whether or not the witness will be allowed to answer the question. If he says "overruled", the witness will be allowed to answer. If he says "sustained", the witness will not be allowed to answer.

Every DUI lawyer knows, however, that there are certain questions that are so damaging that if the jury even hears the question, a sustained objection will not undo the damage that asking the question has created. This is the concept of not being able to "put toothpaste back in the tube" or "un-ring the bell".

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Much confusion and misinformation exists about how the Illinois Secretary of State will handle a disposition of court supervision following an Illinois DUI arrest. In addition, many people do not understand the difference between supervision, probation and conditional charge for the purpose of Illinois DUI law.

It is worth repeating the two different cases an accused faces when charged with DUI. One case involves the criminal aspects of the charges- the fines, jail time, and other matters that arise in any criminal case.

The second case concerns the impact upon your driver's license. The two are related but taking care of one does not always take care of the other. As a result, you can be cleared of the DUI and still lose your driver's license, sometimes for as much as three years.

Your driver's license is subject to suspension if you refused to take a breath test or if you took the test and registered above the legal limit of .08. The suspension is longer if you refuse than if you blow. A revocation occurs if you are convicted of the DUI.

A driver's license suspension is for a definite period of time. At the end of that time, you are required to pay a fee and then your license will be returned to you, unless you were convicted of the DUI and your driver's license was revoked. In that case, you must have a driver's license reinstatement hearing before you can drive legally.

Court supervision requires you to plead guilty to the DUI charge. You will be fined and be required to complete a drug and alcohol evaluation, driver risk education classes and alcohol treatment, and attend a victim impact panel. The number of hours you are required to complete depends upon the risk level at which your evaluator places you.

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Wade Miquelon, the Chief Financial Officer for Walgreen Company was arrested in Kenilworth, Illinois for DUI. The chief financial officer for a company is one of its highest ranking officials. Kenilworth is one of the wealthiest suburbs in the United States.

This is Miquelon's second DUI arrest in less than a year. At the time of his first DUI arrest, he registered a BAC of .128. The legal limit in Illinois is .08.

In connection with the first DUI arrest, Miquelon was granted court supervision for 12 months. Because a disposition of court supervision does not result in a driver's license revocation, Miquelon was not required to have a driver's license reinstatement hearing with the Illinois Secretary of State. Also, due to court supervision, there was no threat of jail time.

A second DUI arrest presents Miquelon with a whole new set of problems. Court supervision for DUI is available only once in your lifetime.

The idea that supervision does not "go on your record" is only partially true. The Illinois Secretary of State maintains different driving records. Access to some of those records is restricted.

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According to the Illinois Secretary of State's DUI Fact Book, the typical cost of a DUI conviction in Illinois is about $15,000.00. Some of the costs are apparent, while others become evident only when your Illinois driver's license is lost due to a DUI.

Starting at the point of your DUI arrest, you will be taken to the police station. Your car will be left on the roadside, waiting to be towed. You will be responsible for towing and storage expenses.

After the police have processed you after the arrest, you will be required to post a bond before being released. The bond will be no less than $100 and as much as $300. In addition, the court will assess a non-refundable processing fee.

Upon your release from jail, you will want to retain the services of a DUI lawyer. Most will, before agreeing to represent you, require a retainer fee (down payment). Additional fees may be due as your case progresses.

It is important that you discuss all fee matters with your DUI lawyer. You may think that all lawyers are the same and the least expensive lawyer is your best choice. However, instead of an inexpensive lawyer, you may end up with a cheap one (You get what you pay for).

On the other hand, the most expensive lawyer is not necessarily the best one! You should look at things such as the lawyer's experience, reputation, client feedback and what other lawyers think about your potential lawyer. A handy reference source for lawyer ratings is AVVO.com , where the highest possible rating is 10.0. AVVO ratings are based upon feedback from past clients and from other lawyers who are familiar with the work of the lawyer being rated.

Continue reading "Hidden costs of an Illinois DUI conviction" »

Vince Neil, singer for the rock band Motley Crew, was charged with DUI. According to police reports. Neil's blood alcohol concentration (BAC) was .08. The legal limit in Nevada, where Neil was arrested, is .08, the same level as Illinois DUI law provides for.

At this point, it is not clear how long after the DUI arrest Neil registered his .08 BAC. In Illinois, for instance, the police must, once the decision is made to arrest you for DUI, begin a 20-minute observation period. During that time, the police must confirm that you have not consumed any alcohol or done anything else that could cause a false reading (such as burping or regurgitating).

Furthermore, the test must be administered under specific conditions set for in Illinois State Police regulations. The officer administering the test must be properly trained, and the breath machine must undergo certification.

Failure of the police to follow these exacting procedures may result in dismissal of the DUI charges. Only a DUI lawyer will understand how to challenge the reliability of the Breathalyzer test results.

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