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IL DUI lawyerDuring this time in Illinois, there are fewer cars on the road and with bars closed, there is less of a possibility to find a drunk driver. However, people have not completely stopped leaving their homes and since there are fewer cars out, it will be easier for police to spot a driver under the influence.

While patrolling the streets, police officers look for signs of intoxication such as braking hard or fast, swerving between lanes, disobeying traffic laws, running red lights, etc. Any of these signs will warrant a traffic stop so that the officer can determine if the driver is in fact drunk.

What Happens When a Car Is Stopped?

Illinois police officers have the right and responsibility to pull over any vehicle they suspect to be operated by a drunk driver. Once the stop has been made, the officer will approach the suspected vehicle and observe the state of the driver.

If the officer sees any signs of drunkenness, they can then perform a field sobriety test. Signs an officer will look for include:

  • Slurred speech
  • Red and/or watery eyes
  • Smell of alcohol on the driver’s breath
  • Driver confusion or inability to comply with requests by the officer
  • Open containers in the vehicle
  • Driver admission to consuming alcohol

Once the officer suspects that the driver is drunk, they can order a field sobriety test; this usually is a test of three actions the driver must perform to defend their sobriety. An officer can ask the driver to walk in a straight line, put their finger on their nose and raise one leg, or follow the officer’s finger with their eyes.

Based on the observed results, the officer will have probable cause to make an arrest.

During the traffic stop, an officer could also conduct a preliminary alcohol screening which involves the driver breathing into a portable breathalyzer. This device measures blood alcohol content (BAC). If the driver’s BAC is over the legal limit, 0.08, then the officer has cause to make an arrest.

What Not to Do During a DUI Traffic Stop

It is always important to follow the officer’s directions when stopped under suspicion of DUI. Even if you are sober, acting calm and unoffended is the best way to behave. Acting irrationally or giving the officer a hard time for doing their job could lead to a different type of arrest.

To protect yourself during a traffic stop, drivers should not:

  • Act aggravated or defensive
  • Make any sudden movements that could be considered “hostile”
  • Exit their vehicle until directed by the officer
  • Swear at the officer
  • Act vulgar or irrational

If a driver is sober and knows it, they should remain calm and get through the traffic stop as easily as possible. If it is proven that the driver is sober, no charges will be issued by the police officer.

Contact an Elgin, IL DUI Attorney

If an arrest is made after a traffic stop, the driver should hire a lawyer from the Law Offices of Brian J. Mirandola who can help defend the driver’s right. They can build a case to avoid serious punishments. To schedule a free consultation with a Kane County DUI lawyer, call our office at 847-488-0889.

 

Source:

https://www.dui-usa.drinkdriving.org/dui_dwi_information.php

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Posted on in DUI

dui, Kane County DUI defense attorneyA conviction on charges of driving under the influence (DUI) is likely to have costs that extend beyond fines, license revocation, and jail time. It can mean, among other things, ineligibility for federal welfare benefits, an increased possibility of deportation, ineligibility for reductions in car insurance rates, and mandatory alcohol education counseling. If you or someone you know is facing a DUI charge, it is essential to understand the full consequences of a conviction.

Compromised Civil Liberties

After two DUI convictions, any further conviction will be classified as a felony. A conviction for a felony offense not only means more severe sentencing requirements, but also the loss of civil liberties, such as the right to vote, the right to possess a firearm, and the right to get a passport. Some of these can be eventually restored but the process of doing so may be difficult and expensive.

Child Custody

DUI charges can also affect a person’s parental rights regarding his or her child. When determining parental responsibilities—also known as child custody arrangements—courts examine the moral fitness of each parent, and a DUI conviction can have a negative impact on the court’s decision.

Employment

A DUI conviction can also make it more difficult to find and maintain employment. Employers will often conduct background checks before hiring. Court records are generally available to the public, and so employers will be able to see a potential hire’s criminal history, including DUI offenses. Repeated offenses, in particular, can endanger or destroy an offender’s chances at getting a job.

Further, many jobs, such as notary public, nurse, motor vehicle dealer, or private investigator, require professional licensing. Criminal convictions, such as for DUI offenses, can cause professional licenses to be denied or restricted, whether as a result of state law or because of a private licensing board’s policies or discretion.

Driving Restrictions

Another employment issue affected by a DUI conviction is transportation. Because DUI convictions mean temporary suspension or revocation of the offender’s license, just getting to a workplace or school can become difficult. Illinois provides for a petition for a restricted driving permit, which allows a person to drive on a limited basis, usually to and from the workplace, school, medical treatment, or other essential locations.

The advice and expertise of an experienced DUI defense attorney can prove invaluable in learning to deal with the collateral consequences of a DUI conviction. If you have been arrested for or charged with a DUI offense, please contact a skilled criminal defense attorney in Elgin. Call 847-488-0889 for a free consultation at The The Law Office of Brian J. Mirandola today.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000

http://www.cyberdriveillinois.com/departments/BAIID/rdp.html

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Posted on in DUI

under the influence, Elgin DUI defense lawyerDriving while under the influence of drugs or alcohol can have serious consequences that extend to all areas of your life. Some may even be that are longer lasting than those related other types of crimes. This is because receiving a DUI may impact your ability to legally operate a vehicle, which can have serious effects on your ability to transport your children, get to and from work, and to maintain a social life.

Depending on the circumstances of the situation—including your blood-alcohol level, whether or not anyone was injured, or whether or not there were children present at the time of arrest—sometimes the penalties may be more severe than in others. If you are ever pulled over for DUI, the most important thing to do is to remain calm. When you understand your rights and responsibilities if accused of DUI, the situation can be mitigated, at least to some extent, and result in less time without a license or legal access to a vehicle.

Implied Consent to Blood-Alcohol Testing

Illinois is an implied consent state. This means that the moment you get behind the wheel of a car and operate it on any road in Illinois, you have agreed to submit to chemical testing if required to do so by an officer of the law. That is, you must submit to a breathalyzer, urine, or blood test if you are lawfully pulled over by an officer who has probable cause to believe that you have been driving under the influence of drugs or alcohol. Failure to consent to chemical testing at the time of arrest means that your driving privileges will be automatically suspended, regardless of the outcome of the criminal case against you. While it is imperative that you speak with an attorney as soon as possible, it is important to note that you do not have the right to speak with a lawyer before submitting to chemical testing. Insisting that you do may only antagonize the situation and result in additional charges.

Control of the Vehicle

It is also important to note that you do not necessarily need to be driving the car at the time of arrest to be charged with DUI. Officers need only to prove that you were in physical control of the vehicle, with the ability to start and move it, at the time of arrest. If, for example, you are taking a nap in the front seat of the car with the heater on, you may be charged with DUI—even if you were not planning on operating the vehicle at all.

Get the Help You Need

If you are facing charges of driving under the influence, it is crucial to seek guidance from an experienced Elgin criminal defense attorney. Call 847-488-0889 for a free consultation at The The Law Office of Brian J. Mirandola today. We can help minimize the potential damage to your future.

Sources:

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

https://www.cyberdriveillinois.com/departments/drivers/traffic_safety/DUI/home.html

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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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