Articles Posted in DUI

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.

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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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As an Illinois DUI lawyer, I have been following the story of Mel Gibson’s 2006 arrest for DUI. Gibson was pulled over on July 28, 2006 and investigated for DUI. During the course of the investigation, Gibson made anti-Jewish comments.

There were allegations that the LA County Sheriff’s Department attempted to cover up Gibson’s action by, among other things, amending the investigating deputy’s police report to remove some of Gibson’s anti-Semitic statements. The deputy who wrote the original report has sued the LA County Sheriff, alleging that the department damaged his career to retaliate against his telling the truth about Gibson.

If you are arrested for DUI in Illinois, you should understand what happens during the traffic stop leading up to the arrest. You will likely initially have contact with the police because of an alleged traffic offense, suspicious behavior, a citizen’s complaint or a safety checkpoint.

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In Illinois, as well as nationwide, traffic deaths declined in 2009. According to statistics from the United States Department of Transportation National Highway Safety Administration, Illinois experienced a 13% decrease in traffic fatalities in 2009.

There were also fewer arrests for felony reckless homicide. In Illinois, the offense of reckless homicide can include a traffic crash in which someone is killed. Reckless homicide is a class-2 felony punishable by 3-14 years of imprisonment, although probation is an option.

At one time, Illinois law provided that a driver who is DUI and who is involved in an accident in which there is a fatality is assumed to be guilty of reckless homicide. However, the Illinois Supreme Court ruled that this law was unconstitutional.

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A newspaper reporter in Springfield Illinois arrested for DUI last year received a statutory summary suspension. A statutory summary suspension takes effect on the 46th day after an Illinois DUI arrest. The suspension and the DUI ticket are separate items. Even if your DUI is dismissed, you will still have a suspended (invalid) driver’s license, unless the statutory summary suspension is rescinded (thrown out).

Depending on your previous driving record and whether you took or refused testing, your driver’s license will be suspended for as short as six months and as long as three years. If you took the test and have not had a DUI in the previous 5 years, you will be suspended for 6 months; if you refused, you will be suspended for 12 months. During all but the first 30 days of either suspension, you are eligible to apply for an MDDP.

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Illinois DUI lawyers are often asked about statutes of limitations. A statute of limitations restricts the time in which the state can charge you. In that connection, there are two separate but related issues.

If you are accused of a misdemeanor (fewer than three previous DUI offenses), the state has 18 months from the date the offense was allegedly committed in which to file charges against you. If you have more than two previous DUI offenses, you may have committed a felony DUI. In that case, the state has 3 years from the date the alleged offense was committed in which to bring charges.

Once charges are filed against you, the statute of limitations has been satisfied. Therefore, if you skip out on court, the state can prosecute you for that DUI years later and not run afoul of the statute of limitations.

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Repeat DUI offenses can result in felony charges, leading to prison time, as much as 30 years in some situations. As you ask yourself, should I hire an Illinois DUI lawyer for a first offense, keep in mind the following information. It demonstrates that previous DUI offenses can come back to haunt you when the judge is deciding what sentence to impose.

If you have more than two previous DUI offenses, you may be charged with a felony. In determining whether or not you are felony eligible, both out-of -state DUI offenses, as well as DUI offenses for which you received court supervision, are included.

If you believed that supervision “does not go on my record and does not count”, you misunderstood how Illinois DUI supervision works. Supervision does not cause a driver’s license revocation and does not become part of your public driving record. However, the prosecutor, the Secretary of State, the police and the judge will be aware of it, forever. Likewise, you might be surprised to discover that an out-of-state DUI offense that is not on your Illinois record but that the state knows about because of the National Registry/ PDPS also counts when assessing the felony issue.

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