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Posted on in DUI

IL DUI lawyerThere is a more severe DUI penalty in Illinois known as aggravated DUI that can be issued as a result of the nature of the offense. A driver can also be charged with aggravated DUI if they have three or more DUI violations on their driving record.

All charges of aggravated DUI are tried as felony offenses with mandatory jail time, community service, and heavy fines as punishment.

When Is Aggravated DUI Charged?

It is considered excessive if a person drives their vehicle under the influence three or more times. Therefore, charges are boosted to aggravated DUI felonies for just even being pulled over and arrested.

However, there are other aspects that can turn a DUI charge into an aggravated DUI offense:

  • DUI is committed while driving a school bus with minors (under 18 years old) present
  • DUI results in great bodily harm or disfigurement to another person
  • DUI is committed when the driver does not have a valid license
  • DUI is committed when the driver does not have car insurance
  • DUI results in the death of another person
  • DUI is committed within a school zone and a crash occurs
  • The DUI driver leaves the scene of a crash that they caused

Aggravated DUI charges start at Class 4 felony which is punishable with a prison term of 1-3 years and a fine of up to $25,000. A driver could face higher penalties up to Class X felony punishable with a prison term of 6-30 years and fines of up to $25,000.

Other Punishments for Aggravated DUI

Like a normal DUI offense, aggravated DUIs go on a driver’s permanent driving record. This makes them at risk of even higher penalties if they repeat their offense. Drivers can also see their licenses suspended or revoked depending on the amount of DUI convictions on their record.

The Illinois court system could also make any DUI offender meet certain criteria before and after earning their license back:

  • Community service
  • Completion of a drug or alcohol program
  • Carry high-risk insurance for three years
  • Complete a suspension period before applying for a restricted license

On top of that, if a person is injured or killed during a DUI offense, the at-fault driver will be responsible for paying any compensation to the injured parties or the family of the deceased.

Illinois could charge a driver with reckless homicide if a death occurs during a DUI violation. This will revoke a driver’s license and see the driver in prison.

Contact an Elgin, IL DUI Defense Attorney

In DUI cases, the offending driver should always hire a lawyer who can build a defense against more serious punishment than necessary. The lawyers of the Law Offices of Brian J. Mirandola have experience making sure their clients are treated fairly and that their rights are not violated. To schedule a free consultation with a Kane County DUI defense lawyer, call our office at 847-488-0889.

 

Sources:

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

https://www.ncdd.com/illinois-dui-laws

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Posted on in DUI

breathalyzer, Kane County DUI defense attorneyEvery one of us has experienced fear in a particular situation—especially when the police are involved. In fact, the fear that arises when one is being pulled over is extremely common, and police officers are trained on how to handle a person’s fears. Of course, if you have been drinking and you are pulled over, your fear is likely to be even greater. Fear can lead to impulsive and irrational decisions, including attempting to trick or fool a breathalyzer test. Regardless of what you may have heard, such tricks rarely work and may lead to even bigger problems for you.

Two Rounds of Breathalyzers

It is important to understand that there two different types of breathalyzer tests typically administered during a stop for suspected driving under the influence (DUI). The first is a preliminary test, which provides a basis on which the officer will conduct the rest of the stop. Preliminary blood-alcohol content (BAC) testing is not admissible in court and officers may administer preliminary tests in a fairly casual manner. It is during the preliminary tests that those inclined to try to manipulate the test results are likely to do so.

The second round of testing is conducted after a person has been arrested on suspicion of DUI. There are specific protocols that the officer must follow when conducted the second test, as the results of this round are usually used as evidence during prosecution. For example, the officer will observe the suspect for a prescribed amount of time to ensure he or she does not put anything in his or her mouth that could affect the test.

Pennies, Mouthwash, and Sprays

As the officer approaches your car, it may be tempting to rinse your mouth with mouthwash or breath spray. Or, perhaps you have heard that putting a penny in your mouth will cause a breathalyzer to give a lower reading. The short answer is do not bother with these types of tricks. To begin with, many types of mouthwash and breath sprays actually contain alcohol, and while a breathalyzer is not really focused on alcohol in a subject’s mouth, the residual amounts could cause the preliminary test results to show higher than they otherwise would show. Breathalyzers take samples of deep lung air—which is why the officer will ask you to continue exhaling for as long as you can. Putting items in your mouth or attempting to mask the smell of alcohol will have no effect on the traces of alcohol deep in your lungs.

If you are afraid of failing a breath test, you could refuse to take it. Refusing a preliminary test does not carry criminal or administrative consequences, but your refusal could prompt the officer to look even more closely for other signs of impairment. Refusing a test after you have been arrested will result in the suspension of your driving privileges, but so will failing. Many believe that you are better off dealing with the suspension rather than providing the police with additional evidence to be used against you.

Call Us for Help

When you have been arrested and charged with DUI, you need an attorney on your side who will fight to protect your rights. Contact an experienced Elgin DUI defense lawyer for help. Call 847-488-0889 for a free consultation at The The Law Office of Brian J. Mirandola today.

Sources:

https://www.thoughtco.com/beat-a-breathalyzer-3975944

https://www.isp.state.il.us/docs/1-195.pdf

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Posted on in DUI

baiid, driving relief, Illinois DUI Defense AttorneyFollowing an arrest or a conviction on charges of driving under the influence (DUI), you will likely face at least some period of suspension or revocation of your driving privileges. Being unable to drive can have a profound impact on your ability to continue working, furthering your education, or providing for your children. The state of Illinois, while continuing to take harsh stance against drunk driving, recognizes that, in some situations, getting you back on the road is necessary and offers several relief programs depending on your particular case. Each of them, however, requires the use of a breath alcohol ignition interlock device (BAIID), designed to prevent the occurrence of a subsequent DUI charge.

What is a BAIID?

A breath alcohol ignition interlock device, or BAIID, is essentially a personal breathalyzer. When required, the BAIID is installed in your vehicle, allowing it to control the car’s electrical systems and the ignition switch in particular. Once installed, the device will prevent your car from being started until you provide a breath sample to be analyzed for alcohol content. If your calculated blood alcohol content (BAC) is above a certain level—usually .025 percent—the vehicle cannot be started. The BAIID is also equipped with a camera to ensure the person giving the sample is also the driver. During operation of the car, the device may also require period re-checks, requiring you to pull over and provide an additional breath sample. All data collected by the device is submitted to the Office of the Secretary of State for review, and violations are subject in increased suspensions and possible expulsion from the program.

Who Must Use a BAIID?

The use of BAIID devices is most common for first-time DUI offenders during the statutory summary suspension for failing or refusing a BAC test. Such offenders are generally eligible for driving relief with a MDDP, or Monitoring Device Driving Permit, which requires a BAIID to be installed. In addition, any repeat DUI offender seeking to obtain a Restricted Driving Permit (RDP) will also be required to install and use a BAIID for as long as the RDP is granted. A repeat offender must also continue to use the BAIID for a full year following the reinstatement of his or her driver’s license. There are a few other situations in which a BAIID may be mandatory, but they are much less common.

If you have been charged with DUI in Illinois, you need an advocate that will fight to protect your future. Contact an experienced Kane County criminal defense attorney at the The Law Office of Brian J. Mirandola. We will review your case, your driving history, and your needs to help you find the relief solution that works for you, while building an aggressive, responsible defense to any and all charges. Call 847-488-0889 for your free consultation today.

Sources:

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

https://www.cyberdriveillinois.com/publications/pdf_publications/baiid3.pdf

https://www.cyberdriveillinois.com/publications/pdf_publications/dah_h65.pdf

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