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What You Should Know About Being Charged with DUI with Children in the Car
About 600 child passengers are killed in a car accident every year, and approximately one-fourth of them die in a crash involving a drunk driver. We realize that for most parents the priority is to keep their children safe and prevent a tragedy. But if you are arrested for a DUI with a child in tow, there is a good chance child protective services will get involved, and you would benefit from having an experienced criminal defense attorney on your side.
Parental Abuse of Authority
Parents have authority over their children, but the reality is that children often have little choice but to get in the car with their parents even if they are drunk. Under Illinois law, no one can knowingly endanger the life or health of a child under 18 years old because it is considered child endangerment.
The courts are vested in protecting and safeguarding the children. There is a good chance that CPS will investigate and monitor the situation as it looks for patterns of abuse of authority and ongoing risk to the child. You could even lose parental rights.
DUI Charges Resulting from Sobriety Checkpoints
Typically, the Fourth Amendment to the U.S. Constitution prevents police officers from conducting traffic stops without justification. Police need "reasonable suspicion" of criminal activity to pull a driver over. However, sobriety checkpoints are an exception to this rule.
At sobriety checkpoints, police officers can stop vehicles without any suspicion that the driver has committed a crime. The U.S. Supreme Court ruled in 1990 that sobriety checkpoints are constitutional as long as they are conducted in a reasonable manner. If you or a loved one are facing charges for driving under the influence because of a sobriety checkpoint, contact a DUI defense lawyer for help.
Are Sobriety Checkpoints Legal in Illinois?
State laws differ with regard to sobriety checkpoints. Illinois has allowed the use of sobriety checkpoints to assess drivers for intoxication. However, there are certain rules that the police must follow when conducting these checkpoints. For example, checkpoints must be publicized in advance, and they must be conducted at locations that have a history of drunk driving accidents or arrests. Officers must have an biased procedure for determining which vehicles to stop. For example, they may decide to stop every third vehicle that passes through the checkpoint area. However, they cannot stop people based on racial prejudices or other types of bias.
How Can I Avoid Losing My CDL After an Illinois DUI?
If you own a commercial driver's license, you probably rely on your license to make a living. You may be a truck driver, bus driver, delivery driver, or another type of commercial driver. Regardless of what you do for a living, if you are arrested and convicted of driving under the influence (DUI) in Illinois, you could face the loss of your commercial driver's license (CDL). It is essential that you take steps to protect your future. Contact a DUI defense lawyer with experience representing CDL holders and start building your defense right away.
Defense Strategies for CDL Holders Accused of Drunk Driving
In Illinois, the legal limit for blood alcohol concentration (BAC) is 0.08 percent for most drivers. For commercial drivers, the legal limit is much lower. You can be charged with DUI if your BAC is 0.04 percent or higher. For some people, as few as one or two drinks can put you over the legal limit.
Can I Qualify for a Diversion Program if I Am Charged with Felony Drug Possession?
Drug addiction touches the lives of millions of people throughout the United States. While the criminal justice system has traditionally treated drug addiction as a crime, there is an increasing recognition that addiction is a disease that should be treated. This is especially true in states like Illinois, where lawmakers have passed legislation aimed at providing treatment instead of jail time for certain non-violent drug offenders.
If you are facing felony drug charges in Illinois, it is important to speak with an experienced criminal defense attorney who can help you understand your options and fight for the best possible outcome in your case. In some cases, it may be possible to participate in a drug treatment program instead of going to jail.
Felony Criminal Charges for Drug Possession
Possession of cocaine, morphine, heroin, fentanyl, methamphetamine, PCP, LSD, or another illegal drug is usually a felony crime in Illinois. The penalties for felony drug possession depend on the type and amount of drug involved, as well as the offender’s prior criminal history. For example, a first-time offender convicted of possession of 15-99 grams of cocaine could be sentenced to between four and 15 years in prison. However, someone convicted of possessing 100-400 grams of fentanyl faces nine to 40 years behind bars.
Steps to Get Your License Back After a Revocation in Illinois
If your license has been revoked after a conviction for driving under the influence (DUI) in Illinois, it can be a long and difficult process to get it back. Fortunately, there are steps you can take to increase your chances of getting your license reinstated. In this blog post, we will outline the steps you need to take to get your license back after a revocation in Illinois.
Set Up a Driver’s License Reinstatement Hearing
The first step in regaining your legal driving rights is to file a petition for driver's license reinstatement with the Secretary of State's office. It this is your first DUI offense, you will probably be required to attend an informal Secretary of State hearing. However, if you have been convicted of multiple DUIs or DUI causing a severe accident, you will have to attend a formal hearing. At the hearing, you will need to show that you have completed all required DUI education and treatment programs, as well as any other requirements that may have been imposed by the court. If the Secretary of State finds that you have met all the necessary requirements, your license may be reinstated.
Can I Get Out of a DUI Even If I Failed a Breath Test?
The state of Illinois, like most of the country, legally defines alcohol intoxication as having a blood alcohol concentration (BAC) of 0.08 percent or greater. If you are caught driving with a BAC of 0.08 percent or higher, you can be arrested and charged with driving under the influence (DUI). However, this does not mean that you will automatically be convicted if your BAC is over 0.08. You may still have defenses available to you that could result in acquittal or even dismissal.
Breath Alcohol Testing Can Be Flawed
If the police pull you over and they smell alcohol on your breath or suspect you of drinking, they will ask you to take a breath test or breathalyzer. This initial test result provides probable cause for a DUI arrest. Once you are arrested and taken to the police station, you will be asked to take a second, more accurate test called the evidentiary breath test. There can be problems with both of these tests that may cause the results to be unreliable.
What Factors Can Elevate a Drug Possession Charge to Drug Distribution?
Criminal penalties for drug distribution or selling drugs are usually much more severe than mere possession. If you or a loved one were accused of drug dealing, drug manufacturing, drug distribution, or possession with intent to deliver, secure legal counsel immediately. An experienced criminal defense lawyer can help you understand what you are up against and begin building a strong defense against the charges.
Accusations of Selling Drugs
In order to be convicted of selling drugs, the prosecution must prove that you:
- Intended to sell or distribute the drug, and
- Actually sold or distributed the drug
The prosecutor does not need to show that you profited from the sale or distribution in order to secure a conviction. In fact, simply giving away drugs can result in a drug distribution conviction.
The type of drug you are accused of selling is also important. Selling harder drugs, like heroin or cocaine, will usually result in more serious charges than selling marijuana, for example. The amount of drugs involved is another important factor. Generally, the more drugs involved, the harsher the penalties will be.
What to Do If Someone Gets an Order of Protection Against You
In Illinois, orders of protection are issued to individuals who feel that their safety is threatened by another person. Protective orders, called restraining orders in other states, are commonly issued in domestic violence cases. The purpose of a protective order is to prevent an abusive or harassing individual from causing the alleged victim further harm. If someone was issued a protective order against you, you may be unsure of how to handle the situation. It can be frustrating and overwhelming. The actions you do and do not take during the protection period can dramatically impact your future, so it is essential to tread cautiously.
Follow the Instructions in the Protective Order - Even if The Order is Based on False Allegations
Illinois courts may grant an Emergency Order of Protection on a per se basis. This means that if the court believes that domestic violence has occurred, the court may issue a protective order without giving the accused an opportunity to defend themselves in court. If you have been served with an emergency order of protection, it is essential to follow its every instruction until you have had a chance to appear in front of a judge.
Frequently Asked Questions About Driver's License Reinstatement in Illinois
A conviction for driving under the influence (DUI), leaving the scene of a serious accident, drag racing, or a felony offense involving a motor vehicle can lead to a driver's license revocation. Once a person's license is revoked, he or she is prohibited from driving. The only way to get a driver's license back after it is revoked is through a Secretary of State license reinstatement hearing.
If you lost your license, you may have many questions about how to get it back. Read on to learn more about driver's license reinstatement in Illinois.
Can I Regain Driving Privileges After a Revocation?
When a driver's license is suspended, the driver can wait until the suspension period is over, pay a fee, and reinstate his or her license. Driver's license revocation, on the other hand, is indefinite. It is possible to reinstate a revoked license, but you must go through a hearing process with the Secretary of State. The hearing is an opportunity for you to show that you have taken steps to address whatever led to the revocation in the first place. For example, if your license was revoked due to a DUI, you may need to show evidence that you have undergone treatment for alcohol abuse and that you are no longer a danger to yourself or others on the road.
When Can Speeding Lead to Criminal Charges in Illinois?
In the state of Illinois, speeding tickets are not uncommon. Most people have been pulled over for driving above the speed limit at least once in their lives. In most cases, a speeding driver receives either a warning or a traffic ticket payable by a moderate fine. He or she may also have to contend with higher insurance rates. If the driver has received multiple citations in the past, his or her driver's license may be suspended.
Excessive speeding can lead to much more than higher insurance rates and expensive traffic tickets. In certain circumstances, speeding or dangerous driving can lead to criminal charges.
Criminal Charges for Driving Above the Speed Limit
In Illinois, there are two ways that speeding can lead to criminal charges. Aggravated speeding occurs when someone drives 26 miles per hour or more over the posted speed limit. For example, if you are caught driving 76 miles per hour in a 55-mile-per-hour zone, you could be charged with aggravated speeding.
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