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Recent Blog Posts
DUI Charges for Commercial Drivers
Across the United States, drivers with standard driving licenses must maintain a blood alcohol content (BAC) below 0.08 percent. The standard is higher for commercial drivers, who, along with having to pass rigorous testing to get a commercial driver’s license (CDL), are also legally required to have a BAC below 0.04 percent.
If you have been charged with a DUI, you will want to do everything in your power to avoid a conviction. That begins with reaching out to an experienced Arlington Heights DUI defense lawyer to defend you.
Legal BAC for a Commercial Driver
The Federal Motor Carrier Safety Administration and Illinois law state that a commercial driver has committed a violation if the individual has a BAC of 0.04 percent or higher while operating a commercial motor vehicle.
Testing may be performed by taking a blood, urine, or breath sample. Be aware that, under the law, driving under the influence does not just include alcohol. You can be charged for driving under the influence if you have smoked marijuana, methamphetamine, or other illicit drugs. Any of these substances have the potential to impair your driving.
Can You Drive to Work After a DUI?
In Illinois, you will be convicted for driving under the influence (DUI) if your blood alcohol content (BAC) is 0.08g/dL or higher through chemical testing or if you refuse testing. You can be convicted for a DUI if your BAC is between 0.05 g/dL and 0.08 g/dL if you are showing signs of impairment. The revocation of your driving privileges will happen through the Secretary of State, in what is known as statutory summary suspension.
If you are convicted of a DUI, you will have your license revoked for one year. However, you may qualify to get a Restricted Driving Permit if you meet certain criteria. An RDP will allow you to still drive to work following your DUI.
If you have been arrested or charged with a DUI, you need the assistance of an Arlington Heights DUI defense lawyer to represent your interests in court.
What is a Restricted Driving Permit?
A restricted driving permit, or RDP, allows a person to drive on a limited basis following a license suspension. The individual will be given a permit, which will specify under what parameters he or she can drive.
Aggravating Factors in Illinois DUI Cases
Driving under the influence is a serious matter in Illinois. With the average cost of a DUI conviction in Illinois costing over $18,000, an offender may have to pay a steep fine and face losing certain civil rights.
Penalties for a DUI can vary based on whether the driver was transporting children, if the driver had any prior offenses if your blood alcohol content is excessively elevated, and if anybody was injured.
Aggravating factors can result in your DUI being charged as a felony, also increasing jail time and potential fines. If you are facing aggravated DUI charges, you need to speak with an Arlington Heights DUI defense lawyer as soon as possible.
What is an Aggravated DUI?
An aggravated DUI is a DUI charge with the presence of aggravating factors. Aggravating factors in a DUI may include, but are not restricted to:
Claiming Self-Defense Against Assault Charges
Protecting ourselves is a basic human instinct. Without this innate trait, the human race would have become extinct thousands of years ago.
In Illinois, a person commits assault if the individual physically threatens another. If you are facing assault charges, you may be able to negate criminal liability by proving that you acted in self-defense.
If you believe your use of force was necessary, an Arlington Heights criminal defense lawyer will know what steps need to be taken to create the strongest defense.
What Qualifies as Self-Defense in Illinois?
According to Illinois law, “a person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to defend himself or another against such other’s imminent use of unlawful force.”
How Do Prosecutors Prove DUI Charges?
Impaired driving remains a major concern in Illinois, and arrests happen daily. While the police only need to have probable cause to arrest you for a DUI, a prosecutor must have sufficient evidence to convict you.
If you have been charged with a DUI, you need the experience that can only be found in an Arlington Heights DUI defense lawyer.
Standard of Proof
Law enforcement must have probable cause to arrest you for driving under the influence (DUI). Probable cause means that the police have reasonably trustworthy information regarding a situation. That information is enough to convince a reasonable person that a crime has been committed.
However, to convict you for a DUI, the government must prove their case beyond a reasonable doubt at trial. Reasonable doubt means that the evidence presented creates such a high level of certainty that no reasonable person could have any doubts regarding the defendant’s culpability.
Possible Penalties for Misdemeanor Convictions in Illinois
Although a misdemeanor is punished less harshly than a felony, you could still face serious penalties. If you are charged with a misdemeanor in Illinois, there is a chance that you could spend up to one year in jail.
If you have been convicted of a misdemeanor, reach out to an Arlington Heights criminal defense lawyer today.
What is a Misdemeanor?
Crimes are categorized as either misdemeanors or felonies. A misdemeanor is a less serious crime that usually penalizes the wrongdoer with fines, community service, probation, and at most one year in prison.
In Illinois, the following crimes are classified as misdemeanors:
- Assault and battery
- Retail theft (under $300)
- Possession of marijuana (between 2.5 to 10 grams)
- Driving under the influence (DUI)
- Disorderly conduct
Do You Need a Lawyer for a Misdemeanor Charge?
Criminal offenses are categorized as either felonies or misdemeanors. Although a misdemeanor carries less severe penalties than a felony, you should still hire an attorney to represent your interests.
If you have been charged with a misdemeanor in Illinois, keep reading to learn about the possible penalties you may be facing and the reasons you should hire an Arlington Heights criminal defense lawyer.
What are Considered Misdemeanor Crimes in Illinois?
According to Illinois law, misdemeanors are classified as either Class A, Class B, or Class C. A Class A misdemeanor is the most serious type of misdemeanor, with a Class C being the least serious.
Underage DUI in Illinois
Did you know that drivers under the age of 21 are involved in 17% of fatal DUI crashes, even though they represent only 10% of licensed drivers?
A driver under the age of 21 will face more severe consequences for drunk driving than a driver who is arrested for a DUI and is of legal drinking age.
With minors facing harsh penalties, you need your teen to be represented by an experienced DUI criminal defense attorney. Look no further than our Arlington Heights criminal defense lawyer.
What is the Zero Tolerance Law in Illinois?
If a police officer or other authority discovers that an underage motorist is inebriated, driving privileges are automatically suspended. It does not matter how much alcohol is found in the individual’s system.
Reinstating Your License After an Illinois DUI
If you are caught driving under the influence of alcohol or drugs, you can expect to lose your license for a period of time. The length of revocation will depend on if you have prior convictions.
If you have been charged with a DUI, you will need an attorney who can protect your rights and get you back behind the wheel. You need an Arlington Heights DUI defense attorney.
Is My License Automatically Suspended after a DUI Conviction?
To be charged with a DUI, you must have a blood alcohol concentration (BAC) of 0.08% or higher. The length of time your license is revoked will depend on whether or not you have any prior DUI convictions.
Ways a DUI Conviction Can Affect Your Life
If you have been convicted of driving under the influence in Illinois, you could be facing serious consequences. Besides having your driving privileges taken away, a DUI conviction may result in a criminal record that can impact your life.
Besides legal ramifications, a DUI conviction can drain your bank account. The Illinois Secretary of State’s office estimates that the average DUI conviction in Illinois costs tens of thousands of dollars.
If you have been convicted of a DUI, you need the representation of an experienced Arlington Heights DUI defense lawyer.
Your License Could Be Suspended or Revoked
You could be charged with driving under the influence (DUI) if your BAC is above the legal limit of 0.08% and your ability to drive is impaired.
CALL US TODAY AT 847-253-3400 FOR A FREE INITIAL CONSULTATION
Client accused of burglary was acquitted due to our skillful cross examination of eye witness identification.
Client accused of causing the death of another while driving under the influence - Acquitted.
Client accused of first degree murder - Acquitted.
Client accused of embezzlement - Charges never filed.
Hundreds of Secretary of State hearings for Drivers License Reinstatement - Won.
121 S. Wilke, Suite 301, Arlington Heights, IL 60005
847-253-3400
