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Archive for the ‘criminal DUI charges’ tag

Boating While Impaired in Illinois

September 20th, 2018 at 11:34 am

Cook County boating while intoxicated lawyerIn Illinois, we are lucky to be located near Lake Michigan and other smaller lakes that are sprinkled throughout the state. Nice weather often calls for days spent with family and friends on a boat. For most people, these fun activities often involve the enjoyment of alcoholic beverages. However, what most people do not think about is the potential that they may face criminal charges while driving or operating a boat under the influence of alcohol.

What Is Boating Under the Influence?

In Illinois, the same law applies to boating under the influence of alcohol as for driving under the influence (DUI). If you are operating a boat with a blood alcohol content (BAC) over .08%, you can be charged with DUI. Additionally, operating a boat under the influence of drugs can also result in a DUI charge.

Picture the vessel in which you suspect a person would get in trouble for boating under the influence. Is it a speedboat? A person can be charged with boating under the influence when operating any number of different vessels, including yachts, sailboats, personal watercrafts, fishing boats, etc. Do not get fooled into thinking you are safe from a DUI charge just because you are not on a speedboat on the lake.

Who Can Test Me?

The law in Illinois dictates that a person consents to be tested for drugs and alcohol when they choose to operate their boat on the water. A person may refuse to participate in a drug or alcohol detection test, but that refusal will likely lead to an arrest and suspension of boating privileges for up to two years.

Boats can be “pulled over” just like cars on land if law enforcement suspects that you are operating your boat under the influence of alcohol. Busy days on the water and popular holidays can even lead to a checkpoint being set up to find those who are operating their boat under the influence.

Consequences of Boating Under the Influence

Just like a DUI in a car, a DUI on a boat can land an individual in a world of trouble. Driver’s license suspension, jail time, fines and costs, and probation are just a few of the penalties that can result from a boating under the influence charge. Additionally, multiple offenses will cause a boat driver to be in more trouble and face steeper sentences.

Contact a Cook County Criminal Defense Lawyer

If you have been charged with a DUI for boating under the influence, dedicated Rolling Meadows DUI defense attorney Christopher M. Cosley can help you understand your options for defending against these charges. Contact us at 847-394-3200 to schedule a free consultation and find out how we can help you.
Sources:
http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501

Governor Signs New DUI Law

October 16th, 2017 at 6:35 am

Conor's Law, criminal DUI charges, drunk driving, new DUI law, Rolling Meadows DUI attorneysThe Governor of Illinois signed a new piece of legislation into law that alters the way police handle an arrest of someone under the age of 21 who is suspected of being intoxicated.

Senate Bill 2185, most commonly referred to as “Conor’s Law” requires that when a police officer arrests someone showing signs of being intoxicated who is under the age of 21, he or she must make a reasonable attempt to contact a responsible adult who can take custody of the individual. If police cannot locate a parent, guardian, family member, or friend, the arrested individual has the right take a breathalyzer test or other chemical test to prove that he or she is below the legal limit of 0.08. The results of these tests are now prohibited from being used in a prosecution against the person placed under arrest.

The new law, which goes into effect in June 2018, enables police to detain someone under the age of 21 until he or she sobers up or, as mentioned, police can locate a responsible adult to come pick up the individual, according to WAND17.

Conor’s Law also exempts police officers from criminal and civil liability if they acted in good faith when determining whether to detain or discharge the individual or to allow a responsible adult to take the individual into protective custody.

Rationale Behind the New Law

This new DUI law is named after Conor Vesper, a 20-year-old Blackburn College student who took his own life after being placed under arrest for alleged drunk driving.

Prior to the passage of Conor’s Law, anyone placed under arrest for driving under the influence of drugs or alcohol in the state could be released on their own recognizance once he or she posted bond.

At the bill signing, the Governor of Illinois emphasized the importance of protecting impaired young individuals while they are in a mental and emotional state that places them at risk of making a reckless and dangerous decision, according to Fox 55 Illinois. The goal is to try and prevent another tragedy similar to Conor Vesper’s passing.

Rolling Meadows DUI Defense Attorney is Here to Help

If you or your child is facing criminal DUI charges, do not lose hope or assume that will be found guilty. The skilled Rolling Meadows DUI attorneys at The Law Offices of Christopher M. Cosley is here to help and understands the complexities of Illinois’ DUI laws. Our legal team possesses extensive experience representing people facing serious DUI charges. We work tirelessly on your behalf to try and build a compelling defense that will challenge the government’s supposed evidence against you and raise a reasonable doubt sufficient to convince a jury that you should not be convicted of the charges. Contact our office right away to schedule a confidential case review.

Sources:

http://www.wandtv.com/story/36458081/conors-law-could-make-changes-to-certain-arresting-procedures

http://foxillinois.com/news/local/new-dui-law-signed-we-pray-that-we-are-continuing-conors-work-09-26-2017

Illinois Law Enforcement Receive Federal Grant to Identify Drugged Drivers

June 3rd, 2016 at 7:40 am

Illinois identify drugged drivers, Rolling Meadows Criminal Defense AttorneyDriving under the influence of drugs is illegal under Illinois law. A person is considered to be under the influence of drugs if his or her ability to drive safely is impacted by the drug use. Under Illinois’ zero tolerance policy when it comes to drugged driving, even a trace amount of drugs found in a driver’s blood, breath or urine, is sufficient to prompt criminal DUI charges. These laws apply to all drugs that are identified in:

  • Illinois Cannabis Control Act under 720 ILCS 550;
  • Illinois Controlled Substances Act under 720 ILCS 570;
  • Use of Intoxicating Compounds Act 720 ILCS 690; and
  • Methamphetamine Control and Community Protection Act under 720 ILCS 646.

The list of drugs covered by the above statutes include all kinds of drugs and controlled substances, such as marijuana, heroin, cocaine, methamphetamines, MDMA, and other popular drugs.

Reasonable Suspicion to Make an Arrest for Drugged Driving

In order to make an arrest for drugged driving, the law enforcement officer must have a reasonable suspicion that the driver is operating a vehicle while under the influence of drugs. No actual evidence of the drugged driving is required for the arrest to be made. However, law enforcement in Illinois is not as familiar with the signs and indications that a driver is under the influence of drugs, and the federal government wants to help change that.

According to KFVS12.com, Illinois is one of just four states in the country that was awarded federal grant money to help law enforcement identify signs of drug intoxication in drivers that have been pulled over or stopped. The Governor’s Highway Safety Association and the Foundation for Advancing Alcohol Responsibility gave Illinois Department of Transportation grant money that will fund 10 Advanced Roadside Impaired Driving Enforcement classes to law enforcement agencies across Illinois. Each class will educate up to 25 law enforcement officers on how to identify signs that a driver is under the influence of a drug.

DUI and Drug Testing

In Illinois, if you are suspected of driving under the influence of drugs or alcohol, you are required to submit to testing under the state’s implied consent laws. Under the implied consent laws, by merely using the public highways of Illinois, drivers consent to submit to chemical tests, or blood or urine testing, for determining whether a driver is operating a vehicle while under the influence of drugs or alcohol. Law enforcement officers get to choose which type of testing is administered.

You have the right to refuse chemical and blood or urine testing, but there are consequences for doing so. Two main consequences exist when a driver refuses to submit to testing:

  1. Your driver’s license will be revoked and suspended.
  2. Your refusal can be used as evidence against you later in court.

Contacting a Rolling Meadows DUI Lawyer

A conviction for driving under the influence of drugs will leave you facing DUI penalties. It is important to work with an experienced drug offenses and DUI lawyer in order to fight the charges that are pending against you. Please do not hesitate to contact a Rolling Meadows criminal defense attorney at our office. We will assist you throughout each step of your case.

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

http://www.kfvs12.com/story/31867100/illinois-awarded-grant-to-combat-drug-impaired-driving

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