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Posted on in DUI

Kane County DUI defense lawyerMemorial Day weekend traditionally signals the beginning of summer. With warmer weather coming, more people will enjoy time out with friends, attend barbecues, and enjoy a few drinks at a local bar or restaurant. At the same time, Illinois police will be out in numbers looking for drunk drivers. If you have been pulled over under suspicion of driving under the influence, there are certain things you should and should not do.

What Not to Do When Pulled Over on Suspicion of DUI

  • Don’t become combative or defensive – Remain polite and civil to the officer and do not express any anger or frustration at being pulled over.
  • Don’t volunteer any information – Beyond providing your license, vehicle registration, and other basic information, you do not need to volunteer any additional information about where you were or what you were doing. Remain polite, but avoid self-incrimination. You should not lie; just respectfully state that you won’t answer any questions until you have spoken with a lawyer.
  • Don’t submit to field sobriety tests – These tests may show that you are intoxicated, but there is also a chance that they will be inaccurate or will be administered incorrectly. An officer can take your refusal as proof that you are under the influence and can arrest you. However, you have a better chance of beating the charges without the potentially flawed field test results.

What to Do When Pulled Over on Suspicion of DUI

  • Obey all instructions from the officer – This includes pulling over promptly and safely, avoiding any potential traffic violations, and also providing the officer with the required documents and information.
  • Remain calm – Officers are looking for physical and emotional responses as cues for potential impairment. Now is not the time to show your frustration.
  • Call a DUI attorney – To collect all information about your arrest and organize your defense and it is best to call an experienced lawyer as soon as possible.

Consult a Kane County DUI Defense Lawyer

If you have been arrested on suspicion of DUI, you need an attorney who can craft a strong defense. The penalties for a conviction are harsh and can impact your life and your family for years to come. The Elgin DUI attorneys at The Law Office of Brian J. Mirandola can provide you with the representation you need. Being arrested does not mean you will be convicted. Do not hesitate to call us at 847-488-0889 for a free consultation.

 

Source:

https://www.ilsos.gov/publications/motorist/dui.htm

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Posted on in DUI

Aurora DUI Defense LawyerIllinois legalized recreational marijuana in 2020. However, the drug is still regulated by the state. It is also illegal to drive a vehicle while under the influence of cannabis. If you are pulled over by police and they suspect you of “drugged driving” or driving under the influence of marijuana, you can be arrested and charged with driving under the influence (DUI).

Drugged Driving DUIs

Marijuana affects cognitive abilities, decision-making, and reaction time. Consequently, legislators have made it illegal to operate a car while under the influence of marijuana. You can be charged with DUI for using marijuana in two ways:

  • Illinois law makes it illegal to drive under the influence of an intoxicating substance. If police believe you are intoxicated and unable to drive safely, they can arrest you and charge you with DUI.

  • It is also illegal to drive with a THC concentration of 5 nanograms or more THC per milliliter of blood. Blood tests are used to determine if a driver is over this legal limit.  

Consequences for a Marijuana-Related DUI

If you are charged with DUI for cannabis, you can face administrative and criminal consequences. Your driver’s license may be suspended or revoked which means that it is illegal for you to drive any vehicle. You may also be sentenced to community service or court supervision. In some cases, you may even face jail time. DUI is also punishable by a fine of up to $2,500. Secondary and subsequent DUIs are penalized even more harshly.

What To Do If You Were Accused of Drugged Driving

If you were arrested for DUI due to alleged marijuana use, contact a lawyer for help. Your attorney can help you build a defense against the charges. He or she will evaluate the facts of the case, gather evidence, and advocate on your behalf. The prosecution must prove that you were under the influence at the time you were driving. Because THC stays in a person’s body for weeks or months after smoking, eating, or otherwise consuming marijuana, blood test results are not always credible. Your attorney can find weaknesses in the case against you and fight for your freedom.

Contact an Elgin DUI Defense Lawyer

If you or a loved one were charged with DUI, contact Elgin criminal defense attorney Brian J. Mirandola from The Law Office of Brian J. Mirandola for help. Mr. Mirandola can protect your rights and help you form a strong defense against the charges. Call 847-488-0889 for a confidential, free consultation to learn more.

 

Source:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501

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Kane County Criminal Defense LawyerMost charges for driving under the influence (DUI) result from traffic stops. Often, field sobriety tests are used to assess a driver for signs of intoxication prior to the DUI arrest and subsequent charges. If you are like many people, you may wonder: Will I get a DUI if I fail a field sobriety test? What if I failed because of a medical problem? Are field sobriety tests even accurate?

Field Sobriety Tests and Drunk Driving Charges

When a police officer suspects someone of driving under the influence, he or she may use two types of tests to evaluate the person for signs of intoxication: chemical blood alcohol tests such as a breathalyzer and field sobriety tests. The results of these two preliminary tests are often used to establish probable cause for a DUI arrest.

Failing a field sobriety test may give a police officer sufficient reason to put a driver in handcuffs and take him or her to the police station for further assessment. However, failing a field sobriety test does not necessarily mean that DUI charges will become a DUI conviction. There are many different DUI defense strategies that may be used to avoid conviction.

It is important to note that drivers have the right to refuse a field sobriety test. There is no penalty for refusing a field sobriety test. Refusing a test does not mean that you will avoid getting arrested for DUI, but it does reduce the evidence the prosecution has against you during your DUI case.

Are Field Sobriety Tests Reliable?

Field sobriety tests are often criticized because the test is largely subjective. The test is based on the officer’s personal assessment of the driver’s actions. Furthermore, medical conditions, injuries, and even anxiety can influence a test taker's ability to perform the actions requested of him or her during the test.

A study published in Law and Human Behavior described the reliability of the tests as “mediocre” and stated that the research supporting field sobriety tests is limited. The National Highway Traffic Safety Administration’s own instructor guide lists the accuracy of field sobriety tests as follows:

  • Horizontal Gaze Nystagmus test: 88 percent accurate

  • Walk and Turn test: 79 percent accurate

  • One Leg Stand test:  83 percent accurate

Medical conditions, obesity, injuries, and other issues can cause a completely sober person to fail a test. Tests may also be flawed because they are administered by unqualified or inexperienced police officers. As you can see, field sobriety tests are not foolproof and failing a test does not automatically mean you will be convicted of drunk driving.

Contact a Kane County DUI Defense Lawyer

If you or a loved one were charged with drunk driving, contact Elgin criminal defense lawyer Brian J. Mirandola for help. Mr. Mirandola has practiced criminal defense for over 20 years and spent seven years as assistant county prosecutor. The team at the The Law Office of Brian J. Mirandola know how to craft a powerful defense against DUI charges and ensure that clients’ rights are protected. Call 847-488-0889 for a free consultation.

 

Sources:

https://www.nhtsa.gov/sites/nhtsa.gov/files/documents/sfst_ig_refresher_manual.pdf

https://www.jstor.org/stable/25144630?origin=JSTOR-pdf

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Aurora Criminal Defense AttorneyDriving under the influence of drugs or alcohol (DUI) is a criminal offense in Illinois. However, the penalties for DUI vary considerably. If someone is arrested for DUI without any prior DUI arrests or convictions on their record, they usually face fines, probation, and temporary loss of their driving privileges. Often, first-time DUI offenders without aggravating circumstances are able to avoid jail time. However, the penalties for a second DUI are harsher. This is why it is so important to build a powerful defense strategy if you are arrested for DUI a second time.  

Criminal and Administrative Consequences for a Second DUI Offense in Illinois

Any criminal offense is serious, however, some offenses are punished more harshly than others. If you were arrested for DUI and you have a previous DUI conviction on your record, you will face additional penalties. These penalties include:

  • A mandatory minimum jail sentence of five days

  • A maximum jail sentence of up to 364 days

  • Up to two years of probation

  • Fines up to $2,500

If there are aggravating factors, the penalties are even more severe. For example, if there was a child under age 16 in the car at the time of the DUI arrest, the offense may be considered a felony.

How to Beat a Second DUI in Elgin

If you were arrested for DUI for the second, third, or fourth time, you may be understandably worried about the consequences. An experienced DUI defense lawyer can help you build a strong defense against the charges.

There are many different defense strategies your lawyer may utilize. Your lawyer may question the reason for the DUI arrest or initial traffic stop. Police cannot pull someone over or make an arrest unless they have probable cause to do so. Your attorney may also question the results of the breath test or blood test. These tests are not infallible. Problems with the testing equipment or administration techniques can throw off the results. Blood samples that are not properly stored can become contaminated. Breath tests or breathalyzers that are not calibrated can yield false positives. These are just some of the arguments your lawyer may make in your defense.

Contact an Aurora DUI Defense Lawyer

Second DUIs are punished more severely than first-time DUIs. If you or a loved one have been arrested for drunk driving, contact the The Law Office of Brian J. Mirandola for help. Kane County criminal defense attorney Brian J. Mirandola can protect your rights and advocate aggressively on your behalf from beginning to end. Call 847-488-0889 today for a free, confidential consultation.

 

Source:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501

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Posted on in DUI

elgin dui defense lawyerHalloween is just a few weeks away. The COVID-19 pandemic put a damper on many events last year, but this year many people will be gathering at costume parties and masquerade balls to celebrate with tricks and treats. One trick that revelers may find themselves facing, however, is being stopped or arrested for DUI. What can you do to avoid this “scary” situation and what steps should you take if you are stopped?

Halloween and Alcohol

Many adult Halloween events involve alcohol. Unfortunately, many people do drive after they have been drinking. It is estimated that almost 45 percent of all fatal crashes that happen during the Halloween weekend involve a driver with an over-the-legal-limit blood alcohol concentration (BAC).

Anyone who is planning on attending an event where alcohol is being served should take the following steps to avoid a potential DUI arrest:

  • Have a designated sober driver. Make sure it is someone who will stick to their promise of not drinking at the event.

  • If you have been drinking and do not have a designated driver, take a cab or ridesharing company home. If you cannot find a ride with any of these options, call a friend or family member for a ride home. Do not get in your vehicle and drive.

  • Check and see if your community has a Sober Ride program. Many municipalities and organizations have these programs during certain holidays and provide free rides home to anyone who is impaired who contacts them.

What to Do If You Are Stopped by Police

If you do go to a Halloween event and are stopped by law enforcement on suspicion of drunk driving, there are some steps you should take. As soon as you realize that the blue light flashing behind you is meant for you, put your turn signal on and safely pull over. It is important to remember that it is very likely the officer has a camera recording the whole encounter. That video can be used as evidence either to prove the prosecutor’s case against you or by your attorney to defend against any charges you may be arrested for.

Remain calm and make sure you are polite with the police officer who approaches your vehicle. Provide the officer with your license and registration. Do not admit to the officer you have been drinking. Just remain silent if the officer asks any questions about drinking. If the officer asks you to submit to any field sobriety tests or roadside BAC tests, you have the right to decline. You are not required by law to submit to roadside BAC tests.

If the officer requests you submit to a post-arrest chemical BAC test, this is a much harder decision to make. Refusal to take the test means an automatic suspension of your license for 12-months under the Illinois implied consent law, regardless of the outcome of any criminal charges that may be filed against you. Whatever decision you make, if you are charged with drunk driving, a skilled attorney can investigate all of the facts and evidence and determine what defense will result in the best possible outcome for your case.

Contact a Kane County Defense Attorney for Help

If you have been charged with drunk driving, the consequences can be harsh. A conviction and loss of license can affect your ability to work now, as well as any future employment opportunities. A DUI conviction can even have an impact on child custody situations. Do not try to defend against these charges on your own. Call The Law Office of Brian J. Mirandola at 847-488-0889 to schedule a free consultation with an Elgin, IL DUI defense lawyer.

 

Source:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501.1

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