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Posted on in DUI

elgin drugged driving lawyerWith the legality of marijuana expanding across the 50 states and prescription medication becoming ever more common, the laws surrounding drugged driving continue to adapt. Because of these adaptive and varied cases, it is important to understand the available options when faced with driving under the influence (DUI) charges. While DUI laws may initially seem confusing, a Kane County defense attorney can help you move forward. 

The Illinois vehicle code statute includes seven ways in which someone may be found guilty of driving under the influence. It is against the law to drive while impaired driving due to by drug or combination of drugs. Cases and outcomes can vary immensely based on the legality of the drugs in the person’s system. Since legalizing recreational use of marijuana in Illinois in 2020, driving under the influence of marijuana is addressed similarly to drunk driving. The legal limit for THC is 5 nanograms of THC per milliliter of blood.

A major difference between DUIs brought on by illegal drugs versus prescription medication or recreational marijuana is the integration of “per se” law. According to Illinois law, a driver may be charged with DUI if he or she has any amount of a controlled substance in his or her system while driving. Per se law can be implemented even if the individual believes that he or she is capable of driving safely. 

Penalties Resulting from Drugged Driving

If you are a first-time DUI offender in the state of Illinois, you will face a Class A misdemeanor. Other potential penalties include:

  • Drivers license suspended for one year

  • Maximum fine of $2,500

A second time offender could lead to more penalties, increasing in number and harshness: 

  • Driver license suspended for a minimum of five years

  • Maximum fine of $2,500

  • Requirement of 5 days in jail or 30 days of community service

If you have three or more offenses, you will face a class 4 felony, potentially consequences such as:

  • Drivers license suspended for 6 years

  • Maximum fine of $10,000

  • Possibility of 3 years of imprisonment

  • Mandatory drug treatment

Much like the laws themselves, the penalties for the law violations vary greatly depending on each circumstance. For instance, it is likely penalties will increase if there is a passenger in the vehicle under the age of 16. Another example in which penalties may worsen for the defendant is if the impaired driving caused any harm to others. 

Call An Elgin, IL Criminal Defense Attorney

No matter how “under the influence” is defined, it is a very serious offense. If you have been charged with a DUI of any type, a Kane County criminal defense lawyer can help you. Call The Law Office of Brian J. Mirandola at 847-488-0889 for more information and a free consultation.

 

Sources: 

https://www.ilga.gov/legislation/ilcs/documents/062500050k11-501.htm

https://norml.org/laws/drugged-driving/illinois-drugged-driving/

 

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Posted on in DUI

kane county DUI defense lawyerDespite decades of anti-impaired driving ad campaigns, driving under the influence (DUI) remains a prominent issue in the United States. According to the Illinois Secretary of State, there were more than 26,000 arrests made for driving while under the influence of drugs and/or alcohol in Illinois alone in 2019. DUI can be extremely dangerous and sometimes even deadly for those on the road. The National Highway Traffic Safety Administration (NHTSA) reported more than 10,100 deaths occurred due to drunk driving accidents across the country in 2019. DUI is often punished harshly to attempt to deter offenders from reoffending. Various factors can affect the severity of a DUI conviction, but many people do not realize that their blood alcohol content (BAC) level can also affect their DUI charge.

BAC and DUI

In nearly every state, the legal limit for your blood-alcohol concentration (BAC) when operating a vehicle is 0.08 percent. If you take a breathalyzer test and your BAC registers as anything over 0.08, you are technically driving under the influence of alcohol and can be arrested and tried for DUI. The actual value of your BAC can also affect the severity of your DUI charges.

Most first-time DUI convictions are Class A misdemeanors, which carry a possibility of up to one year in jail and up to $2,500 in fines. However, even if this was your first DUI-related offense, you could face a mandatory minimum $500 fine, along with a mandatory minimum 100 hours of community service if your BAC was 0.16 or more at the time of the offense. The penalties for an excessive BAC are in addition to any other penalties that a judge may impose.

Penalties for excessive BACs depend on the number of prior DUI convictions a person has. For example, if a person was arrested and convicted of their third DUI, they could face an additional mandatory minimum of 90 days in prison, along with a mandatory minimum of $2,500, in addition to any other penalties they may be facing.

Contact an Elgin, IL DUI Defense Attorney Today

If you have been arrested and/or charged with driving under the influence in Illinois, you should not try to guide yourself through the legal process alone. At the Law Office of Brian J. Mirandola, our attorney has more than 20 years of experience with criminal defense in Kane County. Facing DUI charges can be scary but it does not have to be. To schedule a free consultation to begin discussing your case with our Kane County DUI defense lawyer, call our office today at 847-488-0889.

 

Sources:

https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_a118.pdf

https://www.nhtsa.gov/risky-driving/drunk-driving

 

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Elgin IL DUI defense attorneyAny type of traffic stop can be a nerve-wracking experience, since even low-level traffic violations can result in fines, penalties to a person’s license, increased insurance rates, and other consequences. However, situations where a person may be suspected of driving under the influence of alcohol or drugs can be even more stressful, since a conviction on DUI charges can lead to driver’s license suspension or revocation, potential time in prison, and a permanent criminal record. In these cases, drivers will want to understand their rights regarding breathalyzer testing, including the potential consequences of refusing a blood alcohol test.

BAC Testing and Implied Consent

Anyone who drives on public roads in Illinois is presumed to have given consent to chemical testing to determine their blood alcohol content (BAC) or whether they have other intoxicating drugs in their system if they are arrested on suspicion of DUI. However, it is important to understand what types of tests this implied consent applies to.

In many cases when a person is pulled over because they are suspected of driving while intoxicated, a police officer will ask the driver to submit to a portable breathalyzer test. An officer may also ask the driver to exit their vehicle and take field sobriety tests that are meant to gauge their level of coordination and determine whether they are too intoxicated to drive. These preliminary BAC tests and field sobriety tests are voluntary, and their results are usually not admissible as evidence in a DUI case. Instead, they are used to determine whether an officer has probable cause to make an arrest. While drivers are allowed to refuse these tests, doing so may give the officer a reason to arrest them.

After being arrested, drivers will be asked to submit to chemical testing of their breath, blood, or urine. These tests will be conducted at a police station or medical facility using equipment that is meant to provide an accurate measurement of a driver’s BAC or the presence of marijuana or other drugs in their system. Implied consent applies to these chemical tests performed following an arrest, and refusing to submit to these tests will result in a one-year suspension of a person’s driver’s license for a first offense, or a three-year suspension for a second or subsequent offense within five years.

A driver who refuses to submit to a breathalyzer test or other chemical tests following an arrest may still face DUI charges, and their refusal may be considered as evidence along with other factors, such as the testimony of the arresting officer. Drivers should also be aware that even if they refuse testing, police may still obtain a warrant to conduct testing without their consent. Testing may also be performed without consent if a driver is unconscious or otherwise incapable of refusal.

Contact Our Kane County DUI Defense Attorney

At the Law Office of Brian J. Mirandola, we can help you understand your rights following a DUI arrest, and we will advise you of the best course of action that will help you avoid a conviction or minimize the penalties to your license and your reputation. To learn how we can help you build a successful defense strategy, contact our Aurora DUI lawyer at 847-488-0889 and schedule a free consultation today.

 

Sources:

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

https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_a118.pdf

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IL DUI lawyerAlthough blood testing or breathalyzer tests in traffic stops are generally acceptable under Illinois law, a recent Illinois supreme court ruling suggests that this rule is subject to a bit more interpretation. As such, it is important to remember the need for experienced and aggressive legal defense from a skilled DUI attorney. Even in cases that face charges of any kind, there might be ways to tone down any fines or sentences depending on the circumstances.

People v. Eubanks

On December 21, 2009, Ralph Eubanks was allegedly driving a borrowed car and hit Maria Worthon and son Jeremiah. According to testimony at the time, Eubanks was driving between 80 or 90 miles per hour without his headlights. Maria died in the accident and her son suffered severe injuries. Ralph wound up with consecutive sentences that summed to 40 years. However, these charges were reached because the prosecution relied on blood and urine tests that were taken hours after the arrest without a search warrant.

After receiving these charges, Eubanks got the First District court to reverse his aggravated DUI conviction, remanded the first-degree murder conviction, and more on account of Illinois’ favorable stance on warrantless chemical testing to be facially unconstitutional. The Illinois Supreme Court then reached a peculiar conclusion in which they agreed to let Eubanks receive a new trial in which his DUI test results could not be used as evidence, but they consequently expanded the possible exigencies that could allow warrantless DUI testing. Although this ruling favored Eubanks and helped him receive a lesser sentence, law enforcements’ definition of exigency was expanded significantly.

Contact an Aurora DUI Attorney

With shifting interpretations of the Illinois Vehicle Code’s justifications for warrantless DUI testing, it is more important than ever to get a highly-capable Aurora DUI attorney to defend you if you face such charges. At The Law Office of Brian J. Mirandola, you will get access to experienced legal defense and a deep, intimate understanding of Illinois law. To schedule a free consultation, call 847-488-0889.

 

Source:

https://www.isba.org/ibj/2020/01/lawpulse/shouldvegottenawarrant

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IL DUI lawyerAs COVID-19 changes how we live, some laws are changing or being created so that businesses can adapt accordingly. Staying informed on these changes is important, since they will give you more options with which to safely enjoy time with family and friends during the coronavirus pandemic, and they can help keep your favorite local businesses afloat, too! A recent and drastic change in alcohol laws gives you some new freedoms as a driver. If you are wrongly accused of breaking these new laws or you are charged with having an open container of alcohol in your vehicle, it is still very important to reach out to a trusted DUI attorney to thoroughly defend your rights.

The New “Cocktails to Go” Law

Up until recently, alcoholic beverages purchased at a restaurant or bar had to be consumed on the premises and nowhere else. However, as so many businesses face economic hardship due to COVID-19, the Illinois legislature is trying to make appropriate and necessary adjustments to help support the economy while keeping people safe. For that reason, you can now order ‘cocktails to go.’

If you imagine yourself sipping from a margarita on your way home, you have the wrong idea. Since restaurants have largely been operating on a “delivery or takeout” model, the Illinois government expanded the law to include liquor so that bars were not excluded from customers’ business. This means that you can go pick up mixed drinks and drive home with them, or a delivery driver has the right to drive them to you. The key tenet of this new rule that will prevent people from being charged under ‘open container’ laws is that the drinks must be in sealed and tamper-proof containers. This way, it should be immediately obvious whether or not a driver is abiding by the new rules or breaking them to drink and drive.

The “cocktails to go” law also requires that delivery drivers be 21 or older. When they arrive to drop off an order, they must verify the customer’s age, just the same as if they were at the bar themselves. Also, delivery drivers are required to take note of the customer’s level of intoxication.

Contact an Aurora DUI Attorney

With changes in alcohol and driving laws, you need a skilled attorney who can understand how to navigate a changing legal landscape to defend against open-container or DUI charges. At the Law Office of Brian J. Mirandola, you will meet an experienced Aurora DUI attorney who will aggressively defend your rights. To schedule a free consultation, call 847-488-0889.

 

Source:

https://www.chicagotribune.com/coronavirus/ct-pritzker-cocktails-to-go-bill-20200602-4ebzrzzfnbc2lgslv7wzvr5sfi-story.html

 

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