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Field sobriety tests during a traffic stop for suspected DUI

 Posted on April 03, 2022 in DUI Law

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It can be incredibly intimidating to see flashing lights in your rearview mirror as you are driving. Once you see this, you pull over, and you wait for law enforcement to approach your vehicle. If a police officer tells you that he or she stopped you because your behavior indicated the possibility of intoxicated operation of your vehicle, you may be asked to do certain things. One of the things law enforcement may ask of you is to submit to field sobriety tests.

Field sobriety tests are tasks that one must complete that will allow an officer to determine one's level of possible intoxication. These tests are standard, meaning that all police officers receive training on the same tests in order to administer these tests in a consistent manner. You may benefit from understanding what these tests entail and what to expect if pulled over for suspected DUI.

Different types of field sobriety tests

Law enforcement could ask you to perform certain tasks designed to measure your balance, stability, coordination, ability to follow instructions and more. The results of your tests could indicate to law enforcement whether a breath test is necessary. The three field sobriety tests include:

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What happens if you drive while under the influence of marijuana?

 Posted on February 19, 2022 in DUI Law

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When a driver is under the influence of drugs or alcohol while operating a vehicle, he or she is facing a higher chance of an accident. Drunk driving is a serious safety concern, as is drugged driving, and the penalties for either one of these can be steep. With the legalization of certain uses of marijuana, drugged driving may become more prevalent. It may be helpful to know what to expect if charged with drugged driving in Illinois.

Even with a valid prescription for medical cannabis, it is illegal to drive while under the influence of marijuana. Intoxicated driving of any kind can result in significant penalties, including loss of driving privileges, time behind bars and more. If charged with drugged driving, you would be wise to begin developing a defense strategy suited to your individual needs and objectives.

What does Illinois law say?

In Illinois, a driver can face DUI charges if he or she drives under the influence of drugs or any combination of drugs and alcohol to the point where the driver is unable to safely operate the vehicle. A driver may also face DUI charges if there is any amount of drug found in his or her system from the unlawful consumption of cannabis, unless it is THC less than 5ng/ml. Individuals suspected of drugged driving may require chemical testing by law enforcement.

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The non-criminal penalties your DUI could bring

 Posted on January 04, 2022 in DUI Law

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A drunk driving conviction has the potential to bring various consequences to your life that could alter the course of your future. In addition to the criminal penalties you may face, such as time behind bars, loss of driving privileges and expensive fines, you may find an Illinois DUI affects virtually every other area of your life. It is in your interests to defend yourself against a drunk driving charge regardless of your criminal history.

Even the accusation of drunk driving can have a significant impact. Your personal reputation, as well as other parts of your life, are at stake, and quick action to build a strong defense is critical. You do not want to delay in taking the appropriate steps to analyze your situation and identify the best approach by which you can confront these accusations.

Long-term effects and consequences

Of course, a DUI conviction can result in serious criminal penalties, including the possibility of incarceration. You may also lose your driving privileges, and you could face mandated fines that can be quite expensive. Other, non-criminal consequences and effects potentially brought by a DUI conviction include:

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Cannabis is legal in Illinois, but what about driving while high?

 Posted on December 17, 2021 in Criminal Defense

For some Illinois residents, the change in law that made recreational use of cannabis legal in the state was cause for celebration. For many years, proponents of the recreational use have argued that it is no more dangerous than alcohol consumption — and possibly less so — and that criminal charges for use, possession or growth of marijuana were unjust. Of course, even though the laws have changed, it does not mean that there is a free-for-all when it comes to cannabis.

Though state law prevails when it comes to general use of the substance, private properties and entities can still enact separate rules for cannabis use. For instance, landlords can prevent marijuana possession and use on their property, and businesses can do the same. As a result, your employer could still fire you if they discover you using or possessing the substance on the premises or if a drug test shows recent use. Additionally, the laws have not changed when it comes to driving while high.

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Can you expunge a DUI from your record?

 Posted on October 15, 2021 in DUI Law

Facing a DUI charge is nothing to take lightly. After all, if a court convicts you of DUI, you could have that mark on your record for the rest of your life. Unlike other states, Illinois law does not allow for the complete expungement of a drunk driving charge or conviction from your record.

As you may already understand, having a DUI conviction or even just an arrest could seriously affect future opportunities from housing to employment. Even if the DUI charge was reduced or dismissed, the arrest could still appear on your record and make you seem like a less-desirable prospect in some cases. Now, you may wonder if you have any options for addressing that mark on your criminal record.

Bill proposal may help

Earlier this year, a bill proposed in Illinois would allow DUI arrests and charges to be sealed but not entirely expunged from a person's record. While an expungement acts almost like an erasure except under certain circumstances when officials need to access a person's criminal record, sealing a person's record keeps it from being accessible to just anyone while keeping it on record. So, if a future employer, for example, wanted to check an applicant's driving or criminal record, the DUI charge would still show up.

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How will I get to work if I can't drive?

 Posted on September 21, 2021 in DUI Law

In Illinois, drunk driving is a very serious offense that the state does not take lightly. Because it only takes one drunk driver to take the lives of so many people. The laws surrounding the consequences of these offenses are serious.

It can be difficult to prevent people from driving drunk or under the influence of drugs, which is why of the 300,000 daily DUIs, only 3200 of them end in an arrest. To help put an end of DUIs, it can be common for a judge to take a driver's license. Despite the outcome of their charges, a defendant still needs to fulfill the other obligations of life, like getting to work. But how can you get to work without a license?

Alternatives to driving

Instead of risking your rights and freedom by driving without a license, there are other options you can choose from to still make things work. Some options include:

What is your defense against domestic battery accusations?

 Posted on September 11, 2021 in Criminal Defense

Facing criminal charges of any kind will have a significant effect on your future. Even the accusation of participating in a criminal activity can ruin your reputation and cause impacts in virtually every area of your life. It is in your interests to know how to best fight back and protect yourself against both formal charges and their potential effects. Your best defense strategy starts as soon as possible after an arrest, filing of charges or initiation of a criminal investigation.

Accusations of domestic violation are serious, and you should not underestimate the grave nature of the potential repercussions if convicted. Domestic violence charges often overlap family law and other types of cases, and building a defense can be complex. It is in your interests to begin developing your strategy at the first sign of legal trouble.

What is domestic violence?

Domestic violence is a type of crime that involves acts of violence and threats of violence in any type of domestic relationship. These crimes often involve cycles of violence and commonly include instances of both physical and psychological abuse. Domestic violence can involve a range of different criminal charges, depending on the types of injuries the victim has, whether a minor witnessed the event and whether the accused violated the terms of a protective order.

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Drunk driving charges follow a car accident in Illinois

 Posted on September 01, 2021 in DUI Law

An Illinois driver is facing potentially significant penalties after crashing his vehicle into a signpost. Law enforcement arrested the man, believing that he was under the influence of alcohol at the time of the accident. If convicted of the drunk driving charges he is facing, he could suffer repercussions that could include time behind bars, loss of driving privileges, expensive fines and more.

Arrested and charged

The report indicates the driver struck a sign post along Broadway Avenue in Joliet, but police were not able to pull the driver over until he was several miles away. At the time of the traffic stop, he had two children in the car with him, ages 8 and 11. That evening, he was booked into the Will County Jail on the basis of aggravated driving under the influence and endangering the life and health of a child.

The vehicle came to the attention of law enforcement after noticing damage to the vehicle. Police noted the car had flat tires and other damage. After seeing this, Illinois police suspected he was the driver who struck the signpost and fled.

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The serious impact of opiate-related criminal charges

 Posted on August 21, 2021 in Opiate Offenses

Drug charges in Illinois can result in serious penalties if one is convicted of this type of criminal accusation. It is critical to mount a strong defense when facing drug charges of any kind, including opiate-related charges. A conviction can lead to consequences that may include time behind bars, expensive fines, loss of reputation and more. When facing opiate charges, it is critical to develop a strong defense strategy.

Consequences one could face

The severity of the consequences an individual may face after a conviction for opiate-related crimes depends on the details of the individual case, his or her criminal history and other factors. In addition to the potential for time behind bars, one may also face penalties that can include:

  • Expensive fines and penalties
  • Loss of educational opportunities
  • Loss of college or university scholarships or financial aid
  • Challenges finding employment

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What evidence might officers look for in a DUI stop?

 Posted on August 20, 2021 in DUI Law

The idea of getting into any kind of legal trouble can stress out any Illinois resident. Unfortunately, almost anyone could end up in a situation where a police officer believes the person has violated the law in some way. One of the most common of these situations is when police believe that a person has consumed alcohol before getting behind the wheel of a vehicle.

As you know, drunk driving is a serious issue on roadways across the country. While officers have a duty to keep these roadways as safe as possible, it is not unheard of for officers to make a mistake when accusing someone of drinking and driving. If you find yourself facing criminal charges for DUI, understanding the evidence needed for such a charge may prove useful to your defense.

Evidence officers look for

Even if a police officer stopped your vehicle for an unrelated reason, such as noticing your brake light was out or thinking you were texting and driving, it is possible for that traffic stop to turn into a DUI investigation, which may have happened to you. While officers investigate to determine whether the situation warrants an arrest, they often look for the following details to use as evidence:

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