The Law Office of Brian J. Mirandola

CALL FOR A FREE CONSULTATION

47 DuPage Court, Elgin, IL 60120

847-488-0889
Subscribe to this list via RSS Blog posts tagged in DUI law

Posted on in DUI

Elgin, IL DUI Lawyer

Every year, more than a million Americans are arrested on DUI charges. According to the Illinois Secretary of State’s Office, more than 27,000 Illinoisans were arrested for driving under the influence of drugs or alcohol in 2017. If you have been arrested on DUI charges, it is important to understand the potential ramifications of a conviction and contact a legal team you can believe in. 

DUI Conviction Consequences

According to Illinois law, a person can be convicted of a DUI for operating a vehicle with a blood-alcohol concentration (BAC) at or above .08, or with a marijuana tetrahydrocannabinol (THC) concentration of five nanograms or more. Even a first-time DUI conviction can come with serious legal consequences here in Illinois. A first DUI conviction is classified as a Class A misdemeanor in Illinois and can lead to as much as one year in prison and up to $2,500 in fines. 

While a second DUI conviction is also a Class A misdemeanor and comes with the same level of fines and potential jail time, a second conviction can result in license revocation. It is important to note that a second DUI conviction can be upgraded to a Class 4 felony if it involves a collision that causes severe injury to another traveler, if the driver has a previous reckless homicide charge, or if the driver did not have a valid driver’s license. If the driver was traveling with a minor, the charges could be upgraded to a Class 2 felony, and bring up to seven years in prison. 

Any subsequent DUI convictions are classified as aggravated DUI and a Class 2 felony. These convictions can lead to fines up to $25,000 and substantial jail time. Also, new Illinois state law declares if a DUI defendant was driving their vehicle the wrong way on a one-way street, the charges are automatically defined as aggravated DUI, regardless of the number of previous convictions. 

Contact a Kane County DUI Attorney

Here in Illinois, 86 percent of drivers arrested on DUI charges in 2017 were first-time offenders. At The Law Office of Brian J. Mirandola, we will fight for you and your driving privileges. One mistake should not severely impact your ability to work and take care of your family. To schedule a free consultation with an Elgin, IL criminal defense attorney, call us today at 847-488-0889. 

Sources:

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

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

Last modified on

Posted on in Underage Drinking

zero tolerance, Elgin criminal defense attorneyUnderage drunk driving accidents comprise a disturbingly large portion of Illinois auto accidents. Despite the dangers, they continue to be a longstanding problem on the roadways as many underage drivers seem to remain unaffected by the facts. According to the Illinois State Police, about two out of every five Americans will be involved in an alcohol-related crash at some point in their lives, making the need for a proactive approach to underage drunk driving an ongoing, urgent matter.

Legal Consequences: The Basics

Illinois maintains a so-called "Zero Tolerance" law in regard to drivers under the age of 21. As the name implies, a driver not of legal drinking age who is found to have any trace of alcohol in his or her system can be charged with driving under the influence, or DUI. One could argue that not every driver in such a situation is necessarily impaired, but the Zero Tolerance law means that proving impairment is not necessary.

The Zero Tolerance law brings an emphasized focus on the fact that the state makes no exceptions for underage driving under the influence. Legal consequences of a conviction for underage DUI include:

  • First Underage Conviction - Loss of driving privileges for a minimum of 2 years, a fine of up to $2,500, plus possible imprisonment for up to 1 year;
  • Second Underage Conviction - Mandatory jail time (48 hours) or 10 days of community service, loss of driving privileges for 3 years or more, a fine of up to $2,500, plus possible imprisonment for up to 1 year; and
  • Third Underage Conviction - A third conviction is considered a Class 4 Felony and includes a fine of up to $25,000, up to 3 years of prison time, plus the loss of basic driving privileges for a minimum of 6 years.

Legal consequences may also extend to any parents who knowingly allow underage indviduals to possess and consume alcohol in their home, should any bodily harm or death occur because of such actions. Even the mere transportation of alcohol by underage drivers is illegal, resulting in a fine of up to $1,000 and driver’s license suspension.

Other Consequences

In addition to criminal and administrative penalties, an underage driver found to be operating under the influence may be required by the court to attend the Youthful Intoxicated Driver’s Visitation Program. Under this program, the offender views the results of DUI crashes and alcoholism at a specific location, which is often a condition of discharge or probation.

If you or your child has been arrested for underage DUI, you need an attorney who is ready to fight on your behalf. Contact an experienced Elgin DUI defense lawyer today to discuss your case and explore your available options. Call 847-488-0889 and schedule a free, confidential consultation at The The Law Office of Brian J. Mirandola.

Sources:

http://www.nhtsa.gov/Driving+Safety

http://www-nrd.nhtsa.dot.gov/pdf/esv/esv23/23ESV-000213.PDF

Last modified on

Posted on in DUI

evaluation, DUI, Elgin DUI Defense AttorneyWhen you have been convicted of driving under the influence, restoring your life and driving privileges can be a challenging process. As with many legal proceedings, the specifics of your case have a direct impact on the difficulties you will need to overcome. In fact, the state of Illinois has built into its laws a mechanism for taking such circumstances into account: prior to final sentencing, an individual convicted of DUI must submit to an evaluation to determine his or her level of addiction and likelihood of becoming a repeat offender.

As required by Illinois law, final sentencing in a DUI case will not take place until the convicted driver undergoes an approved alcohol and drug evaluation. In addition to a face-to-face interview with a qualified evaluator, the process also requires the review of the defendant’s driving history, results of any blood-alcohol content (BAC) chemical tests, and other relevant documentation. The interview will attempt to establish if a pattern of dependency or substance abuse is apparent, and the defendant’s responses will be compared against the provided documents.

At the completion of a valid evaluation, the convicted driver will be classified into an appropriate public safety risk level. Each risk classification carries a minimum recommendation of drug or alcohol treatment for the driver, which the court and the Office of the Secretary of State may use to determine the level of driving relief eligibility and sentences to be imposed:

  • Minimal risk: DUI Risk Education of at least ten hours;
  • Moderate risk: DUI Risk Education and 12 hours or early intervention over at least four weeks;
  • Significant risk: DUI Risk Education and 20 hours of substance abuse treatment and continuing care;
  • High risk: 75 hours of substance abuse treatment and active participation in continuing care.

The cost of the evaluation is expected to be covered by the defendant. An inability to pay, however, will not prevent a defendant from receiving the required evaluation.

If you have been charged with DUI, do not delay. Contact an experienced IllinoisDUI defense attorney today to make sure that your rights are fully protected throughout the process. Call 847-488-0899 to schedule your free initial consultation and get the qualified representation you deserve.

Last modified on
Avvo Illinois State Bar Association Kane COunty Bar Association
Back to Top