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Aurora, IL drug lawyer

Throughout the U.S., the number of states with either legalized medical or recreational marijuana, or both, is on the rise. With that comes an increase in incidents of driving while under the influence of cannabis and more focus from law enforcement on busting impaired drivers. If you have been charged with driving under the influence of drugs, it is critical you enlist the help of an experienced criminal defense lawyer immediately. 

Drugged Driving in Illinois 

Here in the state of Illinois, medical marijuana is legal for approved applicants under the Compassionate Use of Medical Cannabis Pilot Program Act, signed in 2013. Since the induction of the program, the Illinois Department of Public Health (IDPH) has approved over 42,000 applicants for legal consumption of marijuana for medicinal purposes. Driving under the influence of marijuana though can come with significant criminal punishment, whether you are a legal medical marijuana cardholder or not.

If a police officer has reasonable cause to believe you may be under the influence of marijuana, they are permitted to submit you to chemical testing. If you refuse the chemical test, you will face an automatic 12-month license suspension. Failing a chemical test results in a six-month license suspension. A chemical test that finds 5 nanograms or more of THC per milliliter of whole blood results in a failed test, or 10 nanograms of THC found in another bodily substance. 

Even if a person has a medical marijuana card, they will face the consequences of a DUI charge, in the same manner as a drunk driver. According to Illinois state law, a first-time DUI conviction constitutes a Class A misdemeanor, with up to one year in jail, a year of revoked driving privileges, and fines up to $2,500. Subsequent DUI convictions result in longer license revocation periods and significant jail time. 

Anyone without a medical marijuana card who is pulled over for DUI and has marijuana in their vehicle can also face a drug possession charge, the severity of which depends on the amount seized by police. 

Contact an Elgin, IL Drug DUI Lawyer 

If you have been charged with driving under the influence of marijuana, Attorney Brian J. Mirandola is prepared to fight on your behalf in the pursuit of the best possible legal outcome. Attorney Mirandola will aim to help you retain your driving privileges and keep a conviction off your record. To schedule a free initial consultation with a skilled Kane County criminal defense attorney, call us at 847-488-0889. 

Sources:

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

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

https://www.pewtrusts.org/en/research-and-analysis/blogs/stateline/2018/05/31/drugged-driving-deaths-spike-with-spread-of-legal-marijuana-opioid-abuse

https://www.iwu.edu/counseling/Illinois_Drug_Laws.htm

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Posted on in DUI

Aurora, IL DUI lawyer

Here in the state of Illinois, law enforcement is constantly on the lookout for drunk drivers. According to the Illinois Secretary of State’s office, more than 27,000 people were arrested on DUI charges in 2017 alone. A DUI conviction can come with serious legal ramifications and should not be taken lightly. 

Once you have been pulled over by a police officer, it is important to understand how your actions can impact your case. In the event of an arrest, contact an experienced DUI lawyer as soon as possible. 

Illinois DUI Stops

If you are driving, and you see a law enforcement officer turn their lights on behind you, it is important to follow basic safety procedures. Do not stop in the middle of the road, simply slow your vehicle and find a safe place to pull over. Do not pull over on a bridge, next to a guardrail, or on a sharp curve. Once you have come to a complete stop in a safe location, it is important to remain calm. 

As the officer approaches your vehicle, keep both hands on the steering wheel and remain seated. If the officer requests your license and registration, comply as requested. If the officer has reason to suspect you are driving while under the influence of alcohol or drugs, they will likely request a field sobriety test. 

In the state of Illinois, implied consent laws state you will agree to blood-alcohol content (BAC) testing. Despite the implied consent, it is not a crime to refuse chemical testing. That said, if you decline, you will face an automatic 12-month license suspension. 

If you submit to testing and the officer deems you are driving under the influence, you will be taken to the police station and charged with a DUI. 

License Suspension and Revocation

Once you have been charged, it is important to seek skilled legal guidance. A first-time DUI conviction constitutes a Class A misdemeanor, which can result in up to one year in jail and fines of $2,500. A first-time DUI offender also receives a 12-month driver’s license suspension. Subsequent DUI convictions come with harsher punishments. A second DUI conviction results in a five-year suspension. If you are convicted of a third DUI, you may face a license revocation period of 10 years, while a fourth conviction constitutes a lifetime revocation of driving privileges. 

Contact an Elgin, IL DUI Lawyer

With years of experience serving the state of Illinois, Attorney Brian J. Mirandola is prepared to aggressively represent you to keep a DUI conviction off your record and preserve your ability to drive as needed. Do not wait any longer. It is critical to work with a skilled legal team immediately. To schedule a free consultation with a knowledgeable Kane County criminal defense attorney, call us today at 847-488-0889. 

Sources

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

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Posted on in DUI

Kane County criminal defense attorney

If you have had your driving privileges suspended or revoked as the result of a conviction on charges of driving under the influence (DUI), your life can be greatly affected. You may struggle with keeping your job, continuing your education, and even caring for family members in need. Depending upon the circumstances of your case, however, you may be eligible for partial relief in the form of a Monitoring Device Driving Permit or a Restricted Driving Permit, either of which may allow you to resume some of your normal activities.

Monitoring Device Driving Permits

The state of Illinois offers two different forms of driving relief for those whose driving privileges have been suspended or revoked related to a DUI. The first is called a Monitoring Device Driving Permit, or MDDP, which is available for almost all first-time offenders during the period of statutory summary suspension for failing or refusing a chemical test for blood alcohol content. The MDDP allows a driver to operate a vehicle at any time, in any place, as long the vehicle is properly equipped with a Breath Alcohol Ignition Interlock Device (BAIID).

Restricted Driving Permits

During the period of revocation for a DUI conviction, a driver may be eligible to apply for a restricted driving permit, or RDP. An RDP is much more limited form of driving relief that only allows an approved driver to drive at specific times and in specific areas to get to work, school, alcohol education programs, or other approved activities. To be considered for an RDP, the driver must demonstrate that the revocation is causing a specific hardship and that other means of transportation are unavailable or inappropriate. He or she must also submit a current drug and alcohol evaluation, and relevant proof of treatment or remedial programs. The applicant must also appear for a hearing before an officer of the Secretary of State’s Department of Administrative Hearings. In many cases, especially for second or third DUI conviction, the driver will be required to continue using the BAIID as a condition of receiving the RDP.

Based on a driver’s individual needs and limitations, the RDP can be customized to only allow certain driving privileges. For example, a driver may be permitted to drive directly from home to work in the morning, and then from work to home in the evening. Any driving done outside of what is permitted by the RDP may result in additional penalties, including an increased period of revocation and the loss of the RDP.

If you have been charged with DUI, it is important to understand your options under the law. Contact an experienced Kane County criminal defense attorney today. At The Law Office of Brian J. Mirandola, we offer a free initial consultation so you can meet our team, ask questions, and get the guidance you need during a difficult time. Let us show you how we can help.

 

Sources:

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

ftp://www.ilga.gov/JCAR/AdminCode/092/092010010D04440R.html

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K6-206.1

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breathalyzer, Kane County DUI defense attorneyWhen a police officer has a reason to suspect that you are driving under the influence of alcohol, the officer may ask to submit to a blood alcohol content (BAC) test. These tests are usually conducted during a traffic stop. The stop may have been initiated based on a minor traffic violation or erratic driving, but if something during the stop triggers the officer’s suspicion, the request for a BAC will usually follow.

The most common type of BAC test—and the easiest to conduct—is a breath test. BAC breath tests are usually known simply as "breathalyzer" because of a particular brand of testing machine that has become synonymous with the test. You probably know that if you blow a 0.08 or higher on your breathalyzer, you are considered to be statutorily intoxicated and can be charged with driving under the influence (DUI). But, do you have to take the test when you are asked to do so?

Preliminary Testing

There are several points during the course of a stop and potential arrest when the officer could ask you to take a breathalyzer. The first is a preliminary test. Preliminary testing is a way for the police to develop a full understanding of the situation and to establish probable cause—if there is any—for an arrest. The officer will usually ask about preliminary breathalyzer while you are still sitting behind the wheel.

You have every right to refuse a preliminary breathalyzer with no direct consequences. Keep in mind that if you say no, the officer may look a little harder for other signs that you are intoxicated, such as trouble focusing and slurred speech. There are many ways for the officer to establish probable cause, and the breathalyzer is only one of them.

When You Are Arrested

If the preliminary investigation gives the officer enough probable cause to arrest you on suspicion of DUI, you will be asked to submit to a breathalyzer again—or a blood or a urine test, alternatively. This time, the test will be conducted at the police station. Refusing to take the test at this point will result in the suspension of your driving privileges for one year. The suspension is three years if you were arrested and refused previously.

It is important to keep in mind that failing a BAC test after your arrest will result in a six-month license suspension for a first offense and one year for a subsequent offense. A failed test also gives prosecutors quantitative evidence that you were intoxicated. This means that there is a potential upside to refusing the test. Without the evidence of a failed test, it may be harder for prosecutors to prove that you were under the influence, though your refusal can be used against you.

Let Us Help

If you have additional questions about the DUI laws in Illinois, contact an experienced Kane County DUI defense attorney. 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/fulltext.asp?DocName=062500050K11-501.1

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

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Kane County DUI defense lawyerBeing found guilty of driving under the influence (DUI) can have devastating effects on an individual’s life. Those found guilty of drunk driving can face steep fines, loss of driving privileges, community service, and even jail time. Most people have heard that 0.08 is the magic number when it comes to being legally intoxicated behind the wheel. However, there are several circumstances where a person can be in violation of the law when driving a car with a blood alcohol content which is under the legal limit.

Illinois Per Se DUI Laws

The reason it seems that 0.08 is the magic number when it comes to DUIs is because driving with a blood alcohol content (BAC) of 0.08 or more is considered "per se intoxicated." "Per se" laws establish that if someone is operating a vehicle and is found to have a BAC over the 0.08 limit, that no other evidence is necessary to prove a driver’s intoxication. However, a BAC at or above the legal limit is not always necessary for a DUI conviction.

Zero Tolerance for Drivers Under 21 Years Old

Illinois, like all other states, sets the legal drinking age at 21 years. If an underage driver is caught with any trace of alcohol in their system, they can be charged with a DUI. Even a BAC of only 0.01 may be enough to result in a DUI conviction.

Noticeable Impairment

According to Illinois state law, the term "intoxicated" driving applies to both alcohol and drugs.  If an officer feels that you are "noticeably intoxicated" and you are found to have drugs in your body, you can be charged with a DUI. Even prescription drugs can impair a person’s ability to drive, so they can also contribute to this charge.

Prosecutors May Claim a Lower BAC Is a Result of Time

Sometimes, a driver is pulled over, given a blood alcohol test, and the test results in a BAC very near to the legal limit - such as 0.07 or 0.06. A police officer may still charge those with BACs just under the legal limit with a DUI. A prosecutor may argue that the BAC was actually higher at the time the person was driving but had lowered as time passed before the test.

If you have been accused of drunk driving or charged with a DUI, speak with an experienced Kane County DUI attorney for help. Contact The The Law Office of Brian J. Mirandola today at 847-488-0889 to schedule your free consultation.

Source:

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

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