Driving Under the Influence (DUI) is one of the most commonly charged offenses that Illinois traffic lawyers handle. In Illinois alone, about 50,000 such cases are filed each year. In order to sustain a charge of DUI, the state must prove that the defendant (the accused) was 1) operating or…
Articles Posted in DUI
This is my first DUI, why should I fight it since I do not ever plan on getting another one?
If you are charged with Driving Under the Influence (DUI) in Illinois, and it is your first offense, you may be tempted to accept whatever offer the prosecutor makes to you. This may not be a wise choice once you understand the consequences of an Illinois DUI. You are headed…
What happens if I have a driver’s license from another state and receive an Illinois DUI?
What happens if you find yourself in a situation similar to that of Kansas City Chiefs cornerback Donald Washington ? At a time he was a resident of another state, Washington was arrested for an Illinois DUI (Driving Under the Influence) charge. In addition to DUI charges, Washington was arrested…
Can I get my Illinois DUI dropped if they violate my rights?
For an Illinois DUI (Driving Under the Influence) arrest to be legal, the police must first have a valid reason to come into contact with you. Under the “reasonable suspicion” standard of Terry v. Ohio, 392 US 1, 20 L.Ed. 2d 889 (1968), a police officer may stop a person…
Are standardized field sobriety tests based upon “junk science”?
Just about any police officer that receives training in Driving Under the Influence (DUI) investigations has been instructed in the use of the standardized field sobriety tests (SFST). Many are familiar with the concept of SFST from Hollywood productions, usually in the comedy genre. The video, while humorous, does illustrate…
What happens if I am caught with a fake ID in Illinois?
There are criminal and administrative sanctions in Illinois for alcohol-related arrests. Criminal consequences of an Illinois DUI refer to jail, fines, probation, Victim Impact panel, alcohol assessment and classes and community service. Administrative sanctions involve your driver’s license, which can be suspended or revoked, or both, as a result of…
What are the future consequences of an Illinois DUI conviction?
In the state of Illinois, the offense of Driving Under the Influence (DUI) is a crime. Assuming this is a first offense and there are no aggravating factors, a conviction for DUI is a Class-A misdemeanor. 625 ILCS 5/11-501(c)(1) The maximum criminal punishment is a fine of up to $2,500…
Illinois Supreme Court rules against Will County DUI offender
Illinois law provides that a first time offense for Driving Under the Influence (DUI) is a Class-A misdemeanor if there are no additional circumstances 625 ILCS 5/11-501(c)(1) The maximum criminal penalty is a fine of up to $2,500 and/or up to 364 days in the county jail. § 730 ILCS…
What happens in Illinois if my license is revoked or suspended but I did not know it?
In Illinois, if you are convicted of Driving Under the Influence (DUI), the Secretary of State is required by law to revoke your driver’s license. 625 ILCS 5/6-205(a)(2) And while not required to do so, the Secretary of State has the discretionary authority to revoke your driver’s license if you…
Kendall County woman challenges aggravated DUI law
Sandra Vasquez of Aurora Illinois was operating a motor vehicle that was involved in a fatal crash that killed 5 teenagers in 2007. It was determined that Vasquez was driving under the influence (DUI). The DUI law lists a number of aggravating factors (“aggravating” meaning facts exist that make the…