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Archive for the ‘BAC’ tag

Illinois DUI FAQs

September 12th, 2019 at 7:20 am

IL DUI lawyer, IL defense attorney, There are many myths floating around out there about a person’s rights and obligations when they are pulled over for a DUI. This leads to many questions, and people not being aware of what they should do and what they should not if a police officer pulls them over. It is important that everyone in Illinois knows what the law requires of them, so they do not find themselves in deeper trouble after the initial traffic stop. Below are some of the most frequently asked questions about DUI charges in Illinois, and the answers to them.

What Is a DUI?

DUI stands for driving under the influence. In Illinois, any motorist caught driving with a blood alcohol content (BAC) 0.08 or higher will likely face DUI charges. Driving while impaired by other substances such as medicinal marijuana or prescription medication can also result in a DUI charge. Individuals under the age of 21 and bus drivers must have a BAC of zero.

What Happens During a DUI Traffic Stop?

In Illinois, law enforcement is only allowed to pull someone over for a suspected DUI if they have reasonable cause. This means they must have observed conduct that was not consistent with reasonable driving behavior. If they saw a driver swerving in and out of lanes, for example, that is reasonable cause.

A police officer will likely begin by asking for your driver’s license, vehicle registration, and insurance information. If they still suspect that you are under the influence, they will then ask you to perform certain sobriety tests. If, after performing the field sobriety tests, the officer still suspects you of DUI, they will arrest you and take you to the police station.

It is important to understand that there is no law in Illinois that requires you to take field sobriety tests. Submitting to them could hurt your case in the future, as they are highly unreliable.

What Happens if I Refuse a Chemical Test?

Chemical tests can include breath, urine, or blood testing. While you can refuse field sobriety tests, you cannot refuse chemical testing. Under Illinois’ implied consent laws, all drivers have already given consent for this testing when they get behind the wheel. Anyone that fails to submit to these tests will have their license suspended for one year.

What Is a Statutory Summary Suspension/Revocation?

If you refuse to take the chemical tests or fail the tests, your license is automatically suspended. This suspension takes place 46 days after the date on the suspension notice. Anyone with an Illinois driver’s license that refuses chemical testing in any other state will also have their license suspended in Illinois.

Do I Need an Illinois DUI Lawyer?

Yes. If you have been charged with DUI, there is a lot on the line. You will likely lose your license if you have not already, and you could even face jail time. A skilled Rolling Meadows DUI lawyer will do everything they can to prevent that from happening. At the Law Offices of Christopher M. Cosley, we want to help. We will fight for your rights, ensure the traffic stop was legal, and prepare a strong defense to give you the best chance of a positive outcome. Call us today at 847-394-3200 to schedule your free consultation so we can start discussing your case.

 

Source:

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

DUI Charges: False Positives for Chemical Breath Tests

December 10th, 2015 at 9:17 am

Illinois DUI attorney, Illinois defense lawyer, Illinois criminal attorney, In Illinois, if you use the highways or roadways, you are considered to have given consent to chemical testing if you are arrested for driving under the influence under Illinois’ implied consent laws. A chemical test can either be a breath test, blood analysis, or a urine test, all of which are used to determine the blood alcohol concentration of a suspected drunk driver. You have a right to refuse to submit to chemical testing, but there are consequences for doing so, such as the automatic suspension of your driver’s license for refusal under 625 ILCS 5/6-203.1.

You would think that if you have not been drinking, then you would have nothing to fear in submitting to a chemical test, but this is not necessarily the case. There are a number of substances you can legally consume that can produce a false positive on your chemical test. Even if you have not been drinking alcohol, a false positive will cause you to be arrested for driving under the influence.

Breath Tests

Law enforcement frequently use a chemical testing method referred to as a breathalyzer test to put an estimate on a driver’s blood alcohol concentration. These tests work by assessing the amount of alcohol in the breath sample – and cannot distinguish the source of the alcohol.

Technical Problems Can Contribute to False Positives

A number of technical problems can produce a false positive breathalyzer reading. These are problems that have nothing to do with the suspected driver’s actions or behavior. Instead, these problems include the following issues:

  • Law enforcement failed to properly administer the breathalyzer test according to protocol;
  • The breathalyzer device malfunctioned; or
  • The breathalyzer device has not been properly calibrated.

Any of these technical problems could result in a false positive breathalyzer test reading, which could land you unfairly in jail for driving under the influence.

Substances That Can Contribute to False Positives

A variety of commonly consumed alcohol-based products have the potential to trigger a false positive in a breathalyzer test:

  • Some over-the-counter and prescription cough medicine have a high alcohol concentration, which can vaporize on the breath;
  • Certain mouthwash products and breath sprays have a high alcohol concentration to them;
  • Some alcohol-based acne treatment products that are used around the mouth and lips could contribute to a breathalyzer false positive; and
  • Some cosmetic products used for the lips can have alcohol components that can be detected by a breathalyzer test.

The alcohol in these products can vaporize and be carried with the suspect’s breath into the breathalyzer device, thus artificially inflating the actual alcohol content of the suspect’s breath.

Call the Law Offices of Christopher M. Cosley

Even if you blow a false positive on a breathalyzer test, you will be arrested for driving under the influence, and you will need to consult with an experienced DUI criminal defense attorney as soon as possible. If you believe that your breathalyzer test results were incorrect, your lawyer will need to get to work collecting the evidence to support your claim. Please contact a skilled Rolling Meadows DUI attorney immediately. The attorneys at the the Law Offices of Christopher M. Cosley are prepared to assist you. You can reach out to us today by calling (847) 394-3200.

 

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501.1

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1815&ChapterID=49&SeqStart=81900000&SeqEnd=84800000

What is Statutory Summary Suspension in Illinois?

October 7th, 2013 at 8:30 am

Illinois Statutory Summary SuspensionA term frequently used to discuss driving under the influence (DUI) charges in the state of Illinois is that of statutory summary suspension. According to the 2013 Illinois DUI Fact Book, if the you have received your first DUI or you’re not sure what the term means, educating yourself about the process can be helpful in moving forward in your DUI case. The best way to prepare for your DUI case in court is to hire the services of a talented criminal law attorney.

A statutory summary could apply in your situation if you refused to take or failed to complete chemical testing. Chemical testing is used to determine the level of alcohol in an individual’s blood, and failing refers to a Blood Alcohol Content (BAC) of .08 or higher at the time of testing.

The suspensions of driving privileges are automatic and they go into effect on the 46th day following the date of a suspension notice. It is important to remember that statutory summary suspensions doesn’t replace any criminal penalties that might be associated with the DUI. If you would like to challenge the arrest, you can request a judicial hearing to initiate that process, but this request doesn’t stop the suspension from going into effect on the appropriate day.

The terms of the suspension depend on your circumstances at the time. Failing chemical testing on your first offense leads to suspension of driving privileges for six months whereas your second or further offense within five years leads to suspension for a period of 1 year with no driving relief opportunities. If you refuse to submit to the chemical testing on your first offense, you can have your driving privileges suspended for 12 months. On your second or subsequent offense, you can have your driving privileges suspended for three years with no opportunity for driving relief. The circumstances of your situation and arrest are critical for understanding your consequences. Speak to an experienced Illinois DUI attorney today to discuss the details of your case.

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