Naperville Illinois Criminal Defense Law Blog

Driving privileges after a drunk driving conviction

On behalf of Law Office of Philip R. Nathe posted in criminal defense - dui laws on Sunday, June 16, 2019.

For residents in Illinois who have been convicted of an offense for driving under the influence of alcohol, losing their driving privileges can represent a major hardship. It can impede their ability to get to and from work, to get medical care when needed and to take care of their children or other family members. The state does offer some programs via which people can regain the ability to drive and these involve installing breath alcohol ignition interlock devices.

According to the Office of the Illinois Secretary of State and CyberDriveIllinois.com, an estimated 12,000 people in the state use BAIIDs to be able to legally drive after a drunk driving conviction. For people who have been convicted of a first-time DUI, they may get a Monitoring Device Driving Permit that, along with the installation of the BAIID, allows them to drive any vehicle with the BAIID installed with no further restrictions.

Can a DUI conviction cost you your job?

On behalf of Law Office of Philip R. Nathe posted in criminal defense - dui laws on Monday, June 10, 2019.

There is no denying that an Illinois DUI conviction represents a serious threat to your freedom. But have you thought about the fact that it could also represent a serious threat to your ability to earn a living?

It’s true. FindLaw explains that having a DUI conviction on your record could seriously jeopardize your chances of getting the job you want. For instance, if you have spent years going to grad school with the intent of practicing law, medicine, engineering, architecture or in a variety of other professions that require a professional license, a DUI or other conviction could cause the licensing board to refuse to issue you the license you need.

Tainted drugs may be addressed by rarely used Illinois law

On behalf of Law Office of Philip R. Nathe posted in criminal defense - opiate offenses on Friday, May 24, 2019.

Drug and alcohol abuse is a serious problem for many in Illinois, and the problem is compounded when tainted drugs are sold to those who think they understand their tolerance level. To help counter this problem, a local mother is bringing attention to an old law in Illinois that is rarely used.

According to the Chicago Sun Times, the woman’s brother died several years ago of fentanyl toxicity. At the time, she assumed the case would be treated as a homicide but was surprised when she was told cases such as that were not investigated. She mistakenly believed the Illinois Drug Homicide Law would be used because a homicide caused by drugs is a Class X felony in the state.

Understanding how alcohol gets into the lungs

On behalf of Law Office of Philip R. Nathe posted in criminal defense - dui laws on Monday, May 13, 2019.

The common perception of a drunk driver is one standing on the side of a road in Naperville blowing into a hand-held breath measurement device to determine the blood-alcohol content. Yet the comparison of the two elements being measured in this scenario (one's breath and their BAC) might prompt many to ask why law enforcement would measure a person's breath to determine the concentration of alcohol in their blood. Understanding how alcohol ends up in one's breath may help those facing DUI charges to challenge the results of breath test measurements being used against them.

According to The Alcohol Pharmacology Education Partnership, the alcohol used in beverages is ethanol. This is a water-soluble compound, meaning that once ingested, it can pass through the membranes of the organs of the digestive system through a process known as passive diffusion. Thus, much of the ethanol in any drink consumed will eventually end up in the bloodstream. When ethanol gets in the blood, it is eventually carried to the heart by the veins, where it is then pumped into the lungs via the right ventricle. In the lungs, the ethanol comes in contact with oxygen, which will cause some of it to vaporize into a gas. That gas is then expelled from the body when one breathes.

A medical marijuana registry card comes with responsibilities

On behalf of Law Office of Philip R. Nathe on Monday, May 6, 2019.

You would probably think twice before driving with an open beer in your vehicle. Medical marijuana patients are bound to similar laws. Even if you have a prescription and are registered, you must use caution when using and transporting medical marijuana.

You have your cannabis in a tamper-evident container in an inaccessible area of the car while in motion. Illinois law explicitly prohibits the use of medical cannabis in the passenger area of a vehicle. Even if you’re a passenger, you can’t carry medical marijuana with you in the passenger area. If you have to transfer open containers of cannabis, you should keep them in a sealed area out of reach, such as a trunk.

Illinois teacher facing criminal sexual assault charges

On behalf of Law Office of Philip R. Nathe posted in criminal defense - sex offenses on Thursday, May 2, 2019.

If you drive about three hours west of Naperville, you will arrive in Aledo, a sleepy rural town in western Illinois. A teacher there was recently arrested by law enforcement officials and charged with predatory criminal sexual assault of a child.

An Illinois State Police spokesperson said the 60-year-old suspect faces two counts of the very serious Class X felony charges.

Understand the basics of statutory rape

On behalf of Law Office of Philip R. Nathe posted in criminal defense - sex offenses on Friday, April 26, 2019.

It is usually a serious situation when Illinois residents find themselves facing sexual offense charges, especially if one of the charges is statutory rape. It is important for people to understand what statutory rape is and what Illinois law says about this offense.

FindLaw says that statutory rape means someone has engaged in sexual activity with a person who is not old enough to give legal consent. The age of consent generally differs from state to state, so it is important for people to know the age of consent in Illinois. Many people may think that statutory rape means that someone engaged in sexual relations with a person against their will. However, this is not necessarily the case. Someone might face this charge even if the other person was a willing partner simply because the other person is not old enough to give legal consent.

Common signs of prescription drug use that may lead to abuse

On behalf of Law Office of Philip R. Nathe posted in criminal defense - opiate offenses on Friday, April 12, 2019.

Every day, residents of Illinois deal with the fallout of prescription drug abuse. While it may start innocently enough, the National Institute on Drug Abuse states that the overdose deaths involving opioids in Illinois are higher than the national rate. In 2017 alone, over 2,200 people died of a prescription drug overdose. Because these situations can often turn deadly or lead to criminal charges when the abuser gets desperate, it is important that family members and friends know what to watch for when it comes to drug abuse.

According to the Mayo Clinic, the symptoms of drug abuse differ based on the type of medication that is being abused. Those taking stimulants may seem hyper alert, have high blood pressure and body temperature and show noticeable signs of anxiety, agitation and paranoia. They may also have a reduced appetite and struggle to sleep at night.

How is Illinois dealing with the opioid crisis?

On behalf of Law Office of Philip R. Nathe on Monday, January 14, 2019.

Illinois, unfortunately, has become one of the most well-known states in the country in terms of the national opioid epidemic. News stories of overdose deaths due to opioids such as heroin frequently come out of the state, and the problem is alarmingly severe.

The extreme level of crisis in Illinois has led to several initiatives aimed at curbing the crisis and getting adequate help and treatment for people who have an addiction to an opioid. People who have an addiction to this type of drug come from all walks of life, and there is not one typical profile to describe who may likely succumb. Luckily, the state recognizes this and actively works to put programs into place that bring much-needed help.

How much does an Illinois DUI affect auto insurance rates?

On behalf of Law Office of Philip R. Nathe on Tuesday, December 18, 2018.

An Illinois driving under the influence conviction typically brings with it considerable penalties. If you face such a charge, you may have legitimate concerns about how your life could potentially change in the wake of a conviction. Hefty fines, possible jail time and ignition interlock device obligations are only the beginning of the penalties you may face from the justice system. Together, they can make it especially difficult for you to hold down a job, stay current on your responsibilities and otherwise go about your daily life.

While the criminal repercussions related to a DUI conviction are plentiful, you may also face other hindrances that come from somewhere other than the Illinois criminal justice system. For example, you can anticipate your automotive insurance rates will skyrocket following a DUI conviction, and you may struggle to pay these new rates when you also have to pay fines, ignition interlock device-related fees and so on. So, how much of an auto insurance increase might you expect after an Illinois DUI?