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IL DUI lawyerEvery state has different rules when it comes to DUI convictions . There are punishments such as fines, jail time, and suspension of licenses after a conviction is made. In Illinois, first-time offenders - and subsequent offenses - are required to drive with a Breath Alcohol Ignition Interlock Device (BAIID).

The purpose of a BAIID is to stop offenders from drinking and driving. The device is installed into the automobile and drivers will have to breathe into the tube to start their car. This is similar to a breathalyzer used during a traffic stop. If someone has a blood alcohol content (BAC) of over 0.025, the car will not turn on. Anything lower than 0.025 will allow the car to start without a problem.

In the past, DUI offenders would have someone else breath into their BAIID in order to start their vehicle. So, along with the device, a camera will also be installed into the car to capture images of the driver performing their breath test.

Why Is a BAIID Mandatory?

The device is required mainly for the driver’s benefit because, after a conviction, the driver’s license will be suspended or revoked. In order to apply for a restricted license, the driver’s vehicle will need a BAIID to regulate safe driving.

The down-side to needing a BAIID installed is that the driver will be responsible for all of the monetary fees involved with acquiring the device:

  • Installation fee of $85.
  • Monthly rental fee of $80.
  • Monthly monitoring fee of $30; paid to the Secretary of State.

When Can a License be Reinstated?

Along with the BAIID, a driver looking to reinstate their license will be issued a Monitoring Device Driving Permit (MDDP) which allows the offender to drive their car while they pay their suspension term. As long as the offender obeys the driving laws during the time their license is suspended, it will be returned when the time has been served.

However, there are further punishments that can be enforced if a driver violates the terms of their MDDP. The most common offense is driving without their BAIID installed. If a violation occurs, the driver can expect a letter from the Illinois Secretary of State asking for an explanation. If the letter is ignored or the explanation is not good, the driver’s license will be suspended for an extended three months per violation:

  • Three extensions will result in the driver’s car being impounded for 30 days.
  • Four extensions will result in the seizure of the driver’s car.
  • MDDP can be revoked if only one violation occurs.

Contact an Elgin, IL DUI Defense Attorney

Fighting back against DUI charges can seem tough when you try to go through it on your own. If you or someone you know is facing DUI charges, hire a lawyer from the Law Offices of Brian J. Mirandola to help build a strong defensive strategy. To schedule a free consultation with a Kane County DUI defense lawyer, call 847-488-0889.

 

Source:

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

 

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IL DUI lawyerEven though the legal drinking age in the United States is 21 years old, underaged drinking happens all the time. Especially if the minors are not being given proper parental supervision. In Illinois, there is a zero tolerance for underage drinking and driving under the influence . The Illinois Zero Tolerance Law states that anyone under the age of 21 that is caught driving under the influence will lose their driving privileges.

DUI vs. Zero Tolerance Penalties

A driver under the age of 21 who is pulled over for suspected DUI can be issued either a simple DUI charge or a Zero Tolerance charge or both. This decision is made solely by the officer who makes the traffic stop.

The officer makes his or her decision based on the results or refusal of the field sobriety test and the chemical test that is taken on site.

  • According to Illinois law, if a person under the age of 21 is charged under the Zero Tolerance Law, they are punished by:
  • Suspension of driving privileges for three months for first offenders and one year for second offenders.
  • If a Blood Alcohol Content (BAC) Test is refused, driving privileges are suspended for six months for first offenders and two years for second offenders.

If a person under the age of 21 is charged with a DUI, they are punished by:

  • First offense: Driving privileges are revoked for two years.
  • Second offense: Driving privileges are revoked for five years.

Illinois law also holds parents responsible for their minor child’s actions. If a minor is charged with a DUI, the parents or guardian or the child can face criminal penalties.

Can my Driving Privileges be Taken Away Even if I’m not Driving?

If you are under the age of 21 and are consuming alcohol, then you are breaking the law. It does not matter if you are driving or not. If you are caught consuming, purchasing, or possessing alcohol then driving privileges can be taken, according to the Zero Tolerance Law.

Penalties are more severe based on a number of offenses:

  • First offense: Driving privileges are suspended for six months.
  • Second offense: Driving privileges are suspended for one year.
  • Subsequent offenses: Driving privileges are revoked.

Contact an Elgin, Illinois DUI Defense Attorney

Underage drinking charges are serious offenses that can have serious consequences if you do not have an experienced attorney on your side. The lawyers of the Law Offices of Brian J. Mirandola can help build a defense to keep you free from DUI convictions. To schedule a free consultation with a Kane County criminal defense attorney, call 847-488-0889.

 

Source:

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

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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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checkpoint, Elgin criminal defense attorneyAccording to the National Highway Safety Administration, a person dies in a drunk driving-related accident every 50 minutes in the United States. In order to catch those who drink and drive, Illinois police sometimes use DUI checkpoints. These checkpoints usually involve some sort of roadblock which prevents motorists from passing. Police may stop vehicles and ask drivers to perform field sobriety tests or submit to chemical testing, such as a Breathalyzer test. Many individuals are unsure of what their rights are at a DUI checkpoint. Read on to learn what is expected of both motorists and police at these stops.

Probable Cause for Stopping Vehicles

If you are someone with a basic understanding of the law, you may have wondered how police checkpoints are even legal. After all, the U.S Constitution does have rules which prevent police from unreasonable search and seizure. The Fourth Amendment says that "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue but upon probable cause..." This right to be free from arbitrary seizure of property includes being pulled over while driving. Technically, a police officer does need probable cause to pull someone over and ask them to perform a sobriety test. However, in the case of DUI checkpoints, an exception has been made. The U.S. Supreme Court has determined that the intrusiveness of DUI checkpoints is outweighed by the benefit of decreasing the number of drunk drivers on the road.

Do I Have to Stop at Sobriety Checkpoints?

Motorists should not attempt to evade or drive through a DUI checkpoint without permission. Officers may wave your car through because they often do not stop every car, but if you are asked to stop, do not continue driving. Police can and will chase motorists who disregard their instructions at a roadblock. Though police are allowed to stop you temporarily, they may not legally search you or your vehicle unless you consent to the search or they have probable cause to believe that you are breaking the law. If the police detain you at a checkpoint and smell alcohol on your breath or you are otherwise displaying intoxicated behavior, they will ask you to submit to a field sobriety test and/or a chemical blood alcohol content test. Those who have been arrested on suspicion of driving under the influence (DUI) do have the right to refuse a blood alcohol test such as a Breathalyzer, however doing so results in their driver’s license being suspended for a minimum of one year – even if they are not found guilty of a DUI.

Have You Been Charged with a DUI?

If you have other questions about your rights and responsibilities during a DUI checkpoint, or for help with building a defense against a criminal charge, contact The The Law Office of Brian J. Mirandola. Call 847-488-0889 to speak with a skilled Elgin DUI defense attorney today.

Sources:

https://www.law.cornell.edu/supct/html/02-1060.ZS.html

http://www.illinoiscourts.gov/Opinions/AppellateCourt/2009/4thDistrict/February/4080422.pdf

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felony, Elgin DUI defense attorneyIn Illinois, there are three classifications of criminal offenses. Petty offenses are the lowest classification and include most traffic violations. The next level of offense a misdemeanor while the highest classification of crime, that which can carry the most serious penalties, is a felony. Those convicted of a felony usually face extended imprisonment as well as other serious punitive consequences. There are some instances in which a charge of driving under the influence (DUI) can be classified as a felony. Felony DUIs, also called aggravated DUIs, carry more severe disciplinary consequences than a misdemeanor DUI does and can seriously affect a convicted person’s ability to find employment or even a home in the future.

Most DUI Charges Are Considered Misdemeanors

If you are an Illinois resident have been charged with a DUI for the very first time, you will almost certainly be charged with a misdemeanor. Felony DUI charges come as a result of more serious violations of the law. Offenses which can result in a felony DUI charge include:

  • Being caught driving under the influence of alcohol three different times;
  • Drinking and driving which results in a passenger under the age of 16 being injured;
  • Being charged with a DUI while having a prior conviction for alcohol-related reckless homicide;
  • Driving under the influence with an expired, suspended, or revoked driver’s license;
  • Drinking and driving without car insurance;
  • Drunk driving which causes an accident in which someone is seriously injured or killed; and
  • Driving a school bus with children on board while intoxicated.

The list of examples above is not exhaustive, and there may be additional special circumstances when result in a DUI charge being increased to an aggravated DUI charge.

Consequences of a Felony Conviction

The criminal sentence imposed on someone who has been convicted of a felony will depend on the specific charges and circumstances of the crime. Felonies in Illinois are divided into five categories. Class 4 felonies are the least serious felony offenses and Class X felonies are the most harshly punished offenses. Felony criminal sanctions include:

  • Class 4 Felony: Punishable by 1-3 years in prison;
  • Class 3 Felony: Punishable by 2-5 years in prison;
  • Class 2 Felony: Punishable by 3-7 years in prison;
  • Class 1 Felony: Punishable by 4-20 years in prison; and
  • Class X Felony: Punishable by 6-30 years in prison.

In addition to imprisonment and fines of up to $25,000, those convicted of a felony face additional consequences such as difficulty finding employment, being excluded from certain job fields, forfeiture of gun ownership rights, and trouble finding a place to live.

Contact a Kane County Aggravated DUI Defense Lawyer

If you have been charged with driving under the influence, contact The The Law Office of Brian J. Mirandola for legal guidance with your case. To schedule a free initial consultation with an Elgin DUI defense attorney, call 847-488-0889 today.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ChapterID=49&ActID=1815

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