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Archive for the ‘DUI/DWI’ Category

If I’m Convicted of a DUI in Illinois Will I Lose My License?

July 28th, 2017 at 7:35 am

DUI conviction, DUI in Illinois, DUI offenses, lose my license, Rolling Meadows DUI defense lawyersIf you are convicted of driving under the influence (DUI) in Illinois your driver’s license may be suspended, revoked, or placed under supervision. However, the fact that you have been convicted of a DUI does not necessarily mean that that your driving privileges will be curtailed. It all depends on the circumstances surrounding your DUI.

Before we examine some situations under which driving privileges are often limited in connection with DUIs, let us briefly discuss the difference between a revoked license, a suspended license, and a supervised license in Illinois.

While there are a variety of technical differences between a revoked and a suspended license, the key difference is that a suspension has an end date while a revocation is permanent. A suspended license can be reinstated after a certain amount of time has passed and a hearing officer from the Secretary of State has confirmed that all stipulated requirements have been satisfied. However, a revoked driver’s license can not be reinstated (although the driver can usually apply for a new license after some time has passed). Furthermore, a license suspension is often temporary and will be lifted as soon as the driver successfully jumps through specified hoops (for example, paying fines, maintaining a clean driving record, completing alcohol classes etc.).

Under Illinois law, a first-time driving under the influence offender is generally eligible to have his or her license placed under supervision for a specified period of time. However, the court also has the option of suspending the violator’s license (generally for at least one year) instead of placing the license under supervision. Further, the Illinois Secretary of State can revoke the driver’s license if they are convicted for violating section 6-205 of the Illinois Compiled Statutes, i.e. driving under the influence of alcohol, other drugs, intoxicating compounds, or any combination thereof, according to the following timetable:

  • First DUI Conviction: Revocation for up to one year.
  • Two DUI Convictions Within 20 Years: Revocation for up to five years.
  • Three DUI Convictions: Revocation for up to 10 years.
  • Four DUI Convictions: Revocation for life.

Additionally, it should be noted that your driving privileges can be impacted in Illinois even if you have not actually been convicted of driving under the influence. Under some circumstances, simply being under suspicion of having committed a DUI is sufficient to have your license suspended. For example, your driver’s license will be immediately suspended if you are pulled over by a police officer who determines that your blood alcohol concentration (BAC) is 0.08 percent or greater and you refuse testing.

Let Us Help You Today

At The Law Offices of Christopher M. Cosley, our dedicated Rolling Meadows DUI defense lawyers are committed to providing exceptional representation to each and every one of our clients. Whether you have been charged with driving under the influence and are in need of an experienced criminal defense lawyer to represent you in court or are seeking legal counsel to help you regain your driving privileges, we would be happy to assist you.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K6-205

Aggravated DUIs in Illinois

July 24th, 2017 at 7:05 am

aggravated DUIs, DUI convictions, DUI defendants, DUI violation, Rolling Meadows aggravated DUI lawyersAll driving under the influence (DUI) convictions are serious offenses. But, in the eyes of the law, an offender who is caught driving while impaired by drugs or alcohol under certain extreme circumstances is seen as being as being more morally culpable than others, and can therefore be charged with the elevated offense of aggravated driving under the influence (also referred to as felony DUI).

Each state defines aggravated driving under the influence a bit differently. However, here in Illinois, felony driving under the influence is codified under code section 625 ILCS 5/11-501 and, in a nutshell, states that an individual commits an aggravated DUI when he or she is in actual physical control of a vehicle in Illinois while under the influence of alcohol, drugs, intoxicating compounds, or a combination thereof, and any of the following aggravating factors were present:

  • This is the offender’s third or more DUI offense;
  • The offender was driving a school bus with at least one passenger aboard;
  • The offender was involved in an accident resulting in great bodily harm, permanent disability, or disfigurement to another (when driving under the influence was the proximate cause of the injury);
  • The offender was previously convicted of reckless homicide while under the influence of alcohol, drugs, or intoxicating compounds;
  • The offender was driving in a 20 mph school zone and was involved in an accident resulting in bodily harm (when driving under the influence was the proximate cause of the injury);
  • The offender was involved in a motor vehicle, all-terrain vehicle, snowmobile, or watercraft accident resulting in the death of another (when driving under the influence was the proximate cause of the injury);
  • The offender was driving with a revoked or suspended license;
  • The offender did not possess a driver’s license or permit;
  • The offender knew, or should have known, that the vehicle they were operating was not covered by a liability insurance policy;
  • The offender was in an accident while transporting a child under the age of 16 who sustained bodily harm (when driving under the influence was the proximate cause of the injury);
  • The offender has at least one prior DUI violation and was transporting a child under the age of 16; or
  • The offender was transporting at least one passenger in a vehicle for hire.

Common Defenses

In order to be convicted of aggravated driving under the influence in Illinois the prosecution must be able to prove that you (1) violated IL’s driving under the influence statute and (2) did so while one or more of the aggravating factors outlined above were present. Therefore, depending on the facts of your particular case of your case, you may be able to assert one or more of the following commonly asserted defenses:

  • The arresting officer lacked reasonable suspicion to stop me;
  • The field sobriety test(s) administered in my case were in some way defective or improperly administered;
  • The arresting officer violated my Miranda Rights;
  • My blood alcohol concentration was rising at the time of my arrest and was actually below the legal limit while I was driving; or
  • None of the aggravating factors listed under code section 625 ILCS 5/11-501 were present at the time of my alleged DUI.

Need Legal Advice? Contact a Local DUI Lawyer

Although DUI defendants are not legally required to retain legal representation, hiring a competent driving under the influence attorney to defend your legal rights is highly recommended, especially if you are facing an aggravated DUI. Here at the Law Offices of Christopher M. Cosley, our experienced Rolling Meadows aggravated DUI lawyers, led by former lead prosecutor in the DUI division of the IL state courts Chris Cosley, assist clients charged with driving under the influence throughout Chicago and the surrounding suburbs.

Source:

http://www.ilga.gov/legislation/ilcs/documents/062500050K11-501.htm

The Ramifications of Illinois Minor in Possession Charges

July 12th, 2017 at 7:00 am

Class A misdemeanor, juvenile crimes, minor in possession, Rolling Meadows juvenile crimes attorney, underage drinkingFor good or ill, underage drinking is a rite of passage for many young people, though it often leads to legal trouble for those involved.  While such issues are commonly seen as youthful peccadilloes, in reality an underage drinking issue can affect a young adult’s future in a significant manner.

If a parent or authority figure becomes aware of minor in possession charges entered against a son, daughter or ward, it is incumbent upon both them and the young adult to become aware of the potential consequences if convicted of such a charge.

Restrictions & Exceptions

Illinois has very strict regulations regarding minors caught with alcohol. Generally, if one is under the age of 21, it is illegal to either possess or consume alcohol. If they are observed doing so in public or in ‘a place open to the public,’ they may be charged with a Class A misdemeanor.

A Class A misdemeanor is the most serious class of non-felony offense, and under Illinois law it is punishable by a fine of up to $2,500 and up to one year in jail (not prison—the distinction is fine but important to observe).  

The law does state that a minor may legally consume alcohol at home—thus, not in a public place —without repercussions if they have the approval and direct supervision of a parent (or anyone standing in those proverbial shoes).  Other exceptions do also exist under the relevant statute; however, they are few in number and quite rare to encounter or experience.

One, for example, is that minors may possess or consume alcohol as part of religious ceremonies. While this is a clear-cut exception, it is one that applies to a significant minority of young people caught indulging in alcohol. Most of the time, the absolutist logic of the statute itself will apply—if a minor is caught consuming or possessing alcohol in public, then he or she will almost always be charged with that Class A misdemeanor.

Alternatives to Jail Time

While the majority of defendants in minor possession cases will be charged with a Class A misdemeanor, it does not mean that the majority will be convicted of such an offense. Judges also have considerable leeway to impose alternative sentences or add extra requirements that a convicted minor must fulfill. It is, however, required that the defendant be informed of the possible maximum sentence so as to ensure that any guilty plea is voluntary—if the defendant was not specifically informed and still pled guilty, receiving a sentence of jail time, it would open up the possibility of appeal based on lack of understanding of the potential consequences.

In terms of alternative sentences or additional penalties imposed, the most common choices are community service (as opposed to jail time) and court supervision or probation. Supervision in particular tends to be favored for first-time offenders, as successful completion of the supervision period without any further legal trouble leads to a dismissal of the charges and no permanent indication on the defendant’s criminal record.

Consult a Knowledgeable Juvenile Crimes Attorney

Very often, episodes of underage drinking are met with nostalgia or minimizing by friends and family. However, the law does not share such an indulgent view. The passionate Rolling Meadows juvenile crimes attorney at The Law Offices of Christopher M. Cosley will fight for you and do our best to achieve a fair outcome. Contact our offices today to set up an initial appointment.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073000050K5-6-3.1

DUI and Driverless Cars

May 17th, 2017 at 7:27 am

driverless cars, Rolling Meadows DUI Defense AttorneyWith technology becoming more of an integral part in our vehicles, the prospect of having our roadways dominated by self-driving cars is inching closer to reality. It is not hard to identify the perks of driverless cars. Fewer accidents and less road rage incidents are what some autonomous car designers are pointing to with their investors.

One major issue developers are hoping for is that driverless cars will help solve, if not eradicate, the issue of drunk driving. In theory, one would be able get into his or her self-driving car, push some buttons, and have his or her car deliver the individual safely to his or her destination.

Yet one of the looming questions about whether a person in a driverless car is operating the vehicle for the purposes of a DUI law is the question of who is actually in control.

Autopilot or No Pilot?

One of the first instances of a fatal car accident involving a driverless car was the case where a man was killed inside of an autonomous Tesla. The individual had the car on autopilot when the accident happened. Tesla pointed to the fact that even though the car was in autopilot mode, the driver was still required to have his or her hands on the steering wheel and was responsible for the trajectory of the car.

The legal question then becomes, when a car is on autopilot who is controlling the car? Is the liability and or responsibility that of the manufacturer of the software or the driver who gave the car the directions of where to go?

DUI Law and Physical Control

DUI laws across the nation generally have one factor in common: laws require a person to be in actual physical control of a vehicle for him or her to be guilty of a DUI. This can present a legal paradox. Currently, if a police officer sees a car swerving erratically, there is little question with regard to who is in control of the car. Yet how will the same play out when a driver insists a car was driving itself?

Although autonomous vehicles are still a relatively new design, with little legal precedent set as of yet, it is not likely that the “car was doing the driving,” excuse is going to get you out of hot water.

Rolling Meadows DUI Defense

If you or a loved one has been charged with a DUI, please understand the seriousness of the charge. A DUI conviction can land you in jail, get your license suspended, or prevent you from getting certain professional licenses. Contact your Rolling Meadows DUI defense attorney at the Law Offices of Christopher M. Cosley to schedule your consultation. Call 847-394-3200 today.

Sources:

https://www.nytimes.com/2016/07/02/business/joshua-brown-technology-enthusiast-tested-the-limits-of-his-tesla.html

https://www.isp.state.il.us/traffic/drnkdriving.cfm

Illinois Marijuana DUI Law: What Happens If I Am Charged?

April 14th, 2017 at 7:00 am

marijuana DUI law, Rolling Meadows DUI lawyerOperating a vehicle under the influence of any drug or combination of drugs is illegal in Illinois. Even though medical marijuana is legal with a valid medical card in Illinois, the state previously had a zero-tolerance policy regarding the presence of tetrahydrocannabinol (THC) in one’s system.

Governor Rauner signed SB 2228 into law which made changes to the Illinois DUI statute. Instead of investigating whether there are trace amounts of THC in a defendant’s blood, this new law creates a tiered system for impairment.

The new law dictates that it is now illegal to drive or be in actual control of a vehicle with more than 5ng of THC per ml of a person’s blood or bodily substance. Officials have determined this level is close in proximity to the .08 blood alcohol content (BAC) level for driving under the influence.

While this change in the law leaves some uncertainty in the community, it corrected a legal paradox where a person could be charged with a DUI for cannabis that he or she may have smoked or consumed over a month prior. 

I Have My Medical Marijuana Card

Illinois is an implied consent state, which means that when you applied for a medical marijuana card and were approved, you thus automatically consented to a field sobriety test. If a driver with a medical marijuana card refuses a field sobriety test after being pulled for reckless driving, he or she may have his or her license suspended or revoked.  If the arresting officer suspects that the reason for the reckless driving was the medical marijuana, the officer may testify at trial as to the defendant’s appearance of impairment.

Are the Penalties the Same?

If you are arrested for an offense while being legally impaired by THC and driving a vehicle, Illinois traffic laws apply. For example, a reckless driving citation is not less reckless even though the THC that caused the reckless driving was legal under Illinois state law for medicinal purposes. The penalties for driving under the influence of drugs or alcohol vary depending on the circumstances surrounding each case. Most DUI penalties carry hefty fines and usually involve the suspension of one’s license. After a DUI arrest, a driver’s license is automatically suspended for 180 days.

I Have Been Arrested for a DUI. What is My First Step?

A DUI arrest for drugs or alcohol is a serious charge that no one should face alone. Contact an experienced Rolling Meadows DUI lawyer at the Law Offices of Christopher M. Cosley at 847-394-3200.  Take advantage of our 24-hour answering service.

Source:

http://www.ilga.gov/legislation/99/SB/09900SB2228enr.htm

Leaving the Scene of a DUI Accident Can Lead to More Charges

April 7th, 2017 at 9:29 am

DUI Accident, Rolling Meadows Criminal Defense AttorneyCountless people in Illinois get behind the wheel while under the influence of alcohol or drugs, despite knowing that driving under the influence is illegal. A driver may think that he or she is sober enough to drive or will not get caught. However, if you are caught, you will quickly find out that Illinois law enforcement does not take DUI very lightly.

Police are often harsh on drivers who are intoxicated behind the wheel and they will often look for ways to stack up as many criminal charges against an intoxicated driver as possible. But in some situations the driver actually gives the police good reason to add on additional criminal charges.

Extra Charges When the DUI Results in An Accident

If you are driving under the influence and you cause an accident, either a single vehicle accident or an accident involving another vehicle, when police arrive at the scene, they will look for every way that they can to charge you with criminal charges in addition to your DUI. For instance, if an accident was the result of your speeding or reckless driving, police will charge you with DUI, in addition to a reckless driving or speeding charge.

Tacking on Charges When Leaving the Scene of An Accident

Sometimes a driver involved in a DUI accident might decide that he or she should leave the scene of the accident in order to protect himself or herself from being arrested. For instance, this is common when a drunk driver hits a parked car. The intoxicated driver might leave the scene of the accident, thinking that because no one saw the accident there will be no liability. This is very far from the truth.

Hitting a parked car and then leaving the scene of the accident is a hit and run. Once the owner of the parked car discovers that his or her vehicle was involved in a hit and run accident, he or she will report the accident to police and the police will investigate. You could very well be identified as the culprit if the police are able to successfully conduct their investigation. You could be charged with DUI, leaving the scene of an accident, and hit and run.

If the accident involved another vehicle and you try to flee the accident scene before the police arrive, you will face additional charges as well. On top of your DUI charge, you will be charged with leaving the scene of the accident, and could be charged with other offenses based on the circumstances of the accident. For instance, if you left someone injured at the accident scene and you did not try to help that person, you could be further charged with failure to render aid.

Contact Us Today for Help

Driving under the influence charges are serious, and your situation can get far worse if you leave the scene of an accident. Even if you know that you are likely to be charged with a DUI if you stay, it is important that you stay until police arrive if you have been involved in an accident. Dealing with the DUI is one thing, but the additional charges that can be tacked on against you if you leave the scene of an accident can make things much worse for you. Furthermore, it is in your best interests to contact a skilled Rolling Meadows criminal defense attorney for help with your case.

Sources:

http://ilga.gov/legislation/ilcs/documents/062500050K11-403.htm

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

Getting a DUI Can Lead to Mandatory Drug or Alcohol Treatment Program

March 29th, 2017 at 8:00 am

alcohol treatment program, Rolling Meadows DUI lawyerEveryone with a driver’s license should be aware that it is illegal to drive under the influence of drugs or alcohol in Illinois. Yet there are many individuals who choose to operate a motor vehicle while intoxicated.

Someone who is charged with a DUI in Illinois faces jail time, a serious fine, and a permanent criminal record if convicted. However, people  are often unaware that the court can impose additional punishments on a person convicted of a DUI. In particular, the court is likely to require someone who is convicted of a DUI to complete a mandatory drug and alcohol rehabilitation program. Completion of a drug and alcohol rehabilitation program is also often a stipulation for getting your driving privileges reinstated in Illinois or as a condition of your probation.

Court-Ordered Drug or Alcohol Rehabilitation Programming

For an individual that the court views as having a drug or alcohol dependency problem, the court will order that the convicted individual complete a mandatory drug and alcohol rehabilitation program. Oftentimes, the drug and alcohol rehabilitation program is in lieu of jail time, but there are many instances where the judge sentences a defendant to both jail time and the mandatory rehabilitation program.

The program must be completed with a licensed treatment center and the cost of the program must be borne by the criminal defendant. There are several qualifying treatment centers from which to choose. Therefore, if you would be more comfortable attending a treatment program that is, for example, strictly for women, works exclusively with adolescents, or that has a religious affiliation, then this may be possible.

In less serious DUI cases, the court may require only that the convicted criminal defendant participate in a drug and alcohol remedial education program, instead of a treatment program. The purpose of these programs is to educate and help those individuals who have committed criminal acts, such as driving under the influence, as a result of their drug or alcohol use.

Fight the DUI Charges

Fighting your DUI charges is your best shot at avoiding a conviction for driving under the influence. If your DUI charges are dismissed, then you will not have to face jail time, fines, or be required to participate in a drug and alcohol education or rehabilitation program. For many people, a DUI is often the result of exercising temporary poor judgement. Someone who does not have a substance or alcohol abuse may not need a drug and alcohol educational program or rehabilitation program.

Contact Us for Help Today

There are exceptions to the search and seizure protections offered by the U.S. Constitution. If you are facing DUI charges, please contact a skilled Rolling Meadows DUI lawyer for assistance with your case.

Source:

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

Driving on a Suspended License in Illinois Can Mean Big Trouble

March 22nd, 2017 at 7:59 am

suspended license, Rolling Meadows Criminal Defense LawyerAfter your driver’s license has been suspended, either for racking up too many points for traffic violations or getting a DUI, there can be many pressures to continue driving without a license. It may be difficult to find alternative transportation to your job or to school. Or, taking public transit may be a challenge. You may be concerned about asking your friends or family to drive you because you do not want to be an inconvenience. However, if the state has suspended your driver’s license and you choose to continue driving despite being legally stripped of your driving privileges, you can face serious consequences if you are caught by law enforcement.

Driving on a suspended driver’s license is a criminal offense in Illinois under 625 ILCS 5/6-303. The charges are usually a Class A misdemeanor, but you could possibly be charged with a felony under certain circumstances. Whether you are charged with a misdemeanor or a felony will depend on the reason why your driver’s license was suspended in the first place.

There Are Serious Consequences for Driving on a Suspended License

Driving on a suspended license is not a small offense like a traffic ticket. It is a criminal offense that could put you in jail and could saddle you with a large fine. It also means that you might be sentenced to do community service and you will have a criminal record. It is possible that it could also take even longer to get your driving privileges reinstated because the Secretary of State will extend your driver’s license suspension period if you are convicted of driving on a suspended driver’s license. There is also the chance that your license could be permanently revoked.

There are other consequences that go along with a driving on a suspended license conviction. For instance, if the offense was a felony level offense, it could prevent you from voting, getting certain jobs, running for political or governmental office, getting certain business licenses, and even owning a gun.

There are nuances in the law and certain rules and procedures that need to be followed as you try to get your driver’s license reinstated. An experienced license reinstatement attorney can be a huge help in making sure that you do not make any mistakes that could make your situation worse. Do not take a chance by not having legal representation. Contact a lawyer as soon as you can to help you handle this matter.

Speak with a Driver’s License Reinstatement Lawyer About Getting Your License Back

If you have had your driving privileges suspended by the state of Illinois, then you need to look into getting your driver’s license reinstated. An experienced Rolling Meadows criminal defense lawyer can help you get everything in order to your driver’s license back as soon as you possibly can.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K6-303

First Time DUI Offender in Illinois? Here’s What You Can Expect to Happen

March 6th, 2017 at 9:51 am

first time DUI offender, Rolling Meadows DUI lawyerBeing arrested for driving under the influence (DUI) can be scary, especially if you are a first time offender. You are likely unfamiliar with the DUI arrest and charging process, have little idea what happens next, and could use assistance to get through the process. Do not worry: an experienced criminal defense lawyer is able to help you throughout each step of your case.

What Can You Expect Happens Next?

Driver’s License Suspension. Once you have been booked and have had a chance to find a criminal defense lawyer, your driver’s license will be revoked. Driver’s license revocation is an automatic consequence of a DUI charge. If you quickly find a lawyer after being arrested for DUI, your lawyer can get to work preparing a petition for a hearing to rescind your driver’s license suspension.

First time DUI offenders also are able to apply for a monitoring device driving permit, which involves the installation of a breath alcohol ignition interlock device at the offender’s own expense that enables them to drive.

Arraignment Hearing. Shortly after the arrest, you will also have a hearing where the charges against you will be made clear. At this court appearance, your lawyer officially declares that he or she is your legal representative.

Strategy. You will talk with your lawyer and figure out what is the best criminal defense strategy for you. In some cases, it makes the most sense to work out a plea bargain with the prosecution. Other times, it makes the most sense to fight the charges that are pending against you. You may have a valid defense and believe that taking your case to court is the best option. Your lawyer will fight for you regardless of which path you choose.

Pre-trial Motions. If you decide to go on with a criminal trial, your lawyer will then work together with the prosecution to exchange evidence and other relevant materials so that your lawyer can prepare pre-trial motions. Pre-trial motions are motions to the court in advance of an actual criminal trial that attack certain deficiencies in the case. The point of pretrial motions is to either get the case dismissed or to prepare the case better for trial.

Criminal Trial. Next, you will have your criminal trial. This will be the formal trial where the elements of the alleged crime will be demonstrated (or not) by the prosecution, and your defense to your charges will be presented by your lawyer. You trial might be a jury trial or simple a trial before a judge. After the trial has concluded, a verdict will be rendered concerning your guilt or innocence.

Sentencing Hearing. If you are found guilty, there will be a sentencing hearing where the consequences of your DUI conviction will be handed down to you. At this hearing, your lawyer will work hard to present mitigating factors and other reasons why the judge should be lenient in your sentencing.

First Time DUI Offenders Should Call The Law Offices of Christopher M. Cosley

First time DUI offenders need the help of an experienced criminal defense lawyer to help them fight their charges. Please do not hesitate to contact a Rolling Meadows DUI lawyer immediately for assistance with your case.

Source:

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

Can I be Arrested for DUI if I Am in My Vehicle, But Not Driving?

January 18th, 2017 at 8:30 am

arrested for DUI, Rolling Meadows DUI LawyerOne interesting scenario that people often ask about is whether you can be arrested for driving under the influence (DUI) of drugs or alcohol when you are in the vehicle, but not actually driving the vehicle. The logic is simple: If you are not driving the vehicle while intoxicated, how can you be considered to be “driving under the influence?”

Countless criminal defendants have been arrested by Illinois law enforcement for DUI when they were not actually engaged in driving the vehicle. In fact, an arrest can take place after law enforcement finds an intoxicated driver stopped at the scene of an accident, or after an officer finds a driver passed out behind the wheel of a stopped, or even parked, vehicle.  

Driving or in Actual Physical Control of a Vehicle

Under 625 ILCS 5/11-501, a person shall not drive or be in actual control of a vehicle in Illinois while intoxicated to the point of being incapable of driving safely. The part of the law that confuses many is the “in actual control of a vehicle” language of the statute.

“In actual control of a vehicle” is purposely broad in scope, as it is meant to make intoxicated driving as broad a crime as possible. Many scenarios fall within the scope of “in actual control of a vehicle” while under the influence, such as:

  • Being found by law enforcement in a condition where you are too drunk to drive, but you were just sitting in your car for a while until you felt sober enough to drive. If you have the keys, you are in actual control of the vehicle and can be charged with a DUI;
  • Being found passed out in your parked vehicle with the engine off due to intoxication. If you have the keys and you are drunk, you can be charged with a DUI. Circumstances might be different if you are sleeping it off responsibly in the back seat of your car, with no keys in your possession; and
  • Sitting in your vehicle while the engine is off after being involved in an accident. It does not matter if the accident was a single vehicle accident or a multi-vehicle accident; if you are intoxicated and behind the wheel at an accident, you may be charged with a DUI.  

The main takeaway is that if you are intoxicated in your vehicle, it is critically important that you do not have your keys. Possession or easy access to your keys while you are intoxicated in your vehicle is a significant factor when the courts consider if you were in actual control of the vehicle while you were intoxicated for the purposes of DUI charges.

If you are facing a DUI charge because law enforcement found you in your vehicle while in an intoxicated state, even though you were not driving and the motor was not running, you need to get in touch with an experienced criminal defense attorney as soon as possible to fight your DUI charges.

Call The Law Offices of Christopher M. Cosley

If you are facing DUI charges, an experienced DUI lawyer will know how best to proceed with your case. Please do not hesitate to contact a skilled Rolling Meadows DUI lawyer immediately for assistance with your case.

Source:

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

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