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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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Aurora, IL Underage Drinking Lawyer

Underage drinking is on the decline nationwide, with only an average of 14 percent of American 12th-grade students stating they binge drink alcohol on a regular basis. Still, thousands of American teenagers take part in underage drinking, which is dangerous for a number of reasons. This includes driving under the influence of alcohol. 

It is also important to understand an illegal consumption charge can come with serious legal consequences. If your son or daughter is charged with underage drinking, it is time to secure skilled legal assistance. 

Underage Drinking Dangers 

Outside of the serious legal trouble that can come with underage drinking, consuming alcohol as a minor is a legitimate health threat. According to the Centers for Disease Control and Prevention (CDC), underage drinking is responsible for an average of 4,300 deaths in the United States every year. Many of these deaths are due to alcohol poisoning, but a large percentage are due to drinking and driving. Drunk drivers under the age of 21 are more likely than any other age group to be involved in an auto accident. Other common health symptoms related to underage drinking include memory problems, alterations in brain development, and potential abuse of other drugs. 

Consequences of Underage Drinking 

Here in the state of Illinois, underage drinking brings a three-month driver’s license suspension if court supervision is ordered or six months for a conviction. Due to the zero-tolerance policy on underage drinking and driving, a teen driver with a blood alcohol content over .01 could face serious criminal punishment. An underage drinking and driving conviction can mean up to a year in jail, a minimum two-year license revocation, and a $2,500 fine. 

Contact an Elgin, IL Underage Drinking Lawyer 

With decades of legal experience, Attorney Brian J. Mirandola knows how damaging an underage drinking charge can be to a child’s future, and will fight to keep a conviction off your child’s record. To schedule a free consultation with a skilled Kane County criminal defense attorney, call our team today at 847-488-0889. 

Sources:

https://www.responsibility.org/alcohol-statistics/underage-drinking-statistics

https://www.cdc.gov/alcohol/fact-sheets/underage-drinking.htm

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Posted on in Criminal Defense

DUI penaltyThe state of Illinois considers drunk driving to be a serious crime, and with good reason. According to statistics compiled by the Illinois Secretary of State, hundreds of people every year lose their lives in accidents related to drunk driving. With that in mind, the state imposes severe penalties like jail time, fines, and license suspensions for anyone caught driving under the influence. Even people who do not test positive for alcohol and instead simply refuse to take the breathalyzer test can still face serious penalties for doing so.

Penalties for Drunk Driving

In Illinois, drunk driving penalties start to occur once a person's blood alcohol content passes 0.08 percent, provided that they are over the age of 21. Underage drinkers trigger separate zero-tolerance penalties if they blow anything above a 0.00. Assuming the driver is of age, the severity of the DUI punishments depends on how many DUIs the person has had in the past. For a first offense, the person can find themselves in jail for up to a year, along with a possible fine of up to $2,500. Additionally, first-time DUI convictions result in a license suspension for at least one year. Furthermore, if the person's BAC is more than twice the legal limit, they face a mandatory minimum fine of $500, along with 100 hours of community service.

A second DUI sees very similar penalties with a few alterations. First, the person's driver's license is revoked for at least five years rather than just one. Also, the person would face a mandatory minimum sentence of either five days in jail, or 240 hours of community service. These penalties become even more severe after the third DUI conviction, with a person's license being revoked for at least a full decade. The third DUI also triggers a much harsher mandatory minimum prison sentence, with violators sentenced to between three and seven years in prison. Beyond these standard penalties, everyone convicted of even a single DUI must have an ignition interlock device placed in their car. These devices function like breathalyzers and prevent people from turning on the car if they cannot pass the sobriety test.

Penalties for Refusing the Test

Even refusing to take the sobriety test can trigger serious legal penalties. This is because Illinois has an "implied consent" law, which means that people agree to submit to alcohol testing as a condition of getting their driver's license. A failure to take this test when asked can result in a suspension of a person's license for at least one year, with multiple refusals increasing the time.

If you or a loved one is currently facing DUI charges, contact experienced Kane County criminal lawyer Brian J. Mirandola. A dedicated criminal defense attorney can help you avoid serious criminal penalties that can follow you for life.
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