Illinois DUI Lawyer Blawg

The goal of the Illinois DUI process is to prevent another DUI arrest. One way of achieving that goal is through punishment. That's the fines, the jail time, the probation and so forth.

The second means is through rehabilitation. The thinking is that if you have a DUI, you may have a drinking problem. If you do not fix the drinking problem, you are at risk to receive another DUI.

You may need outside help. The type of help you need will depend upon the severity of your problem.

If you are arrested for DUI in Illinois and are considered an appropriate candidate for court supervision, before the judge can sentence you to supervision, you must obtain a drug and alcohol evaluation from a facility licensed by the Division of Alcoholism and Substance Abuse (DASA) These evaluating agencies will interview you about your drinking and drug habits and ask other questions designed to determine what types of problems alcohol or drug use have caused in your life apart from the DUI.

If you are not eligible for court supervision and are found guilty of the DUI, you are not required by law to obtain an evaluation but many judges will demand one anyway. Furthermore, upon being convicted of the DUI, you will lose your license and have to have a Secretary of State hearing. At such a hearing, you must produce an evaluation and other documents.

Continue reading "Choosing an evaluator after an Illinois DUI arrest" »

Former Yankee catcher Jim Leyritz was charged with reckless homicide as a result of a traffic crash in Florida. Both he and the driver of the vehicle with which he collided had blood alcohol levels about the legal limit of .08.

In order to convict Leyritz of reckless homicide, a felony, the prosecutor was required to prove that his intoxication caused the crash. The evidence cast doubt on whether Leyritz or the other driver ran the red light.

Because the jury was unable to determine beyond a reasonable doubt that Leyritz ran the red light, he was found not guilty of the reckless homicide charge. Leyritz was found guilty of DUI and sentenced to probation with no jail time.

A DUI charge is criminal in nature. As such, the prosecutor (in Illinois he is referred to as the state's attorney, not to be confused with the attorney general) must prove beyond a reasonable doubt that the person charged committed each part of the offense. In Illinois, the offense consists of 2 parts:

1. That the accused was in actual physical control of a vehicle; and

2. That at the time the accused was in actual physical control of a vehicle, the accused was under the influence of any alcohol or drug or combination of drugs to a degree which rendered the accused incapable of safely driving.

In the Leyritz case, there was no doubt he was in actual physical control of a motor vehicle. The proposition in question was whether he was "under the influence" of alcohol to such an extent that he was incapable of driving safely.

Continue reading "Jim Leyritz avoids jail time" »

A Springfield Illinois driver struck and killed a bicyclist and then fled the scene. Police eventually determined that Ursula Jones was the driver and located her. At that point, they suspected she may have been drinking and/or using drugs. Therefore, they drew blood from her, to be analyzed later at the police lab.

Not knowing what the lab results would show, police initially charged Jones with leaving the scene of a crash involving death. Such a charge is a Class 1 felony upon conviction. Such a conviction does not require proof that the driver was intoxicated or was even at fault but merely that she left the scene of a crash involving death. The offender is eligible for probation, thus avoiding prison time. A conviction results in a driver's license revocation.

The blood test results showed that Jones had a BAC greater than the legal limit of .08 and had drugs in her system. Therefore, the state filed aggravated DUI charges against her.

Aggravated DUI requires proof that the driver was under the influence of alcohol and that her intoxicated state caused a crash in which someone was killed or seriously injured. Aggravated DUI is a Class 2 felony, a lower level felony than leaving the scene.

Continue reading "Illinois aggravated DUI, an enhanced DUI charge" »

Since January 1, 2009, Illinois has authorized the issuance of Monitoring Device Driving Permits (MDDP). An MDDP allows you to drive for any reason, at any time, for any distance, during the statutory summary suspension. The statutory summary suspension occurs if you refuse to take a breath test, or take the test and register above the legal limit of .08.

In exchange for receiving driving privileges, you must agree to have a machine that tests for alcohol installed on any vehicle your drive (unless it is your employer's vehicle). The machine records the breath results and transmits them to the Illinois Secretary of State. You pay the Secretary of State to administer the program and you pay the provider of the machine to install, maintain and monitor the machine.

You cannot have an MDDP (or otherwise drive) if you have had a DUI arrest in the past 5 years. Even if you have not had a DUI arrest in the past 5 years, you do not qualify for the program if you:

1. Have an otherwise invalid driver's license.
2. Were charged with a DUI that resulted in death or great bodily harm.
3. Had a previous conviction for reckless homicide.
4. Are less than 18 years of age.
5. Are convicted of the DUI. In such cases, you may have a Restricted Driving Permit hearing with the Illinois Secretary of State.

Continue reading "Consequences of violation of the Illinois MDDP" »