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Archive for the ‘drugged driving’ tag

Do You Know the Different Types of DUIs in Rolling Meadows?

January 23rd, 2020 at 2:16 pm

IL DUI lawyer, Illinois drunk driving attorneyWhen most people think about DUI charges, they typically think of a person driving with a blood alcohol concentration (BAC) greater than the legal limit. In Illinois, as in most states, this limit is 0.08 percent. However, this is just one type of DUI charge in the state. In Illinois, there are six types of DUIs a person may face, and many of them do not even involve having a BAC higher than the legal limit.

DUI with BAC of 0.08 or Higher

This is the most common type of DUI in Illinois. To secure a conviction, the prosecution must prove beyond a reasonable doubt that a person was in physical control of a vehicle and that they had a BAC of 0.08 percent or higher.

The prosecution does not have to prove that the individual was driving dangerously, or that they were showing any signs of impairment. They only must prove the defendant was impaired and in control of the vehicle, which does not necessarily mean driving it. Even if the person was pulled over to the side of the road with the car keys in their pocket, they can still be arrested as they still have control over the vehicle.

Driving Under the Influence of Alcohol When Unsafe to Drive

This type of DUI comes as a surprise to many that know they were below the legal limit, but face DUI charges anyway. With this charge, the prosecution must only show that the individual was under the influence of alcohol and that it was unsafe for them to drive, even if they were below the legal limit. Chemical testing is not even required for this DUI although, without it, the case is much harder for the prosecution to prove.

DUI with Intoxicating Compounds

It is not only alcohol that can result in a DUI charge. Any intoxicating compounds, such as inhaling cleaning agents or gasoline in order to get a person high can also result in a DUI charge.

DUI with Legally Prescribed Medications

It does not matter if a medication such as opioids or sleeping pills was legally prescribed to a person. If it affects their ability to drive and they do so anyway, they can face a DUI charge. This is why it is so important that any time a medication is taken, a person must first fully read the label and all warnings, and ask their doctor or pharmacist whether it is safe to drive while on the medication.

Driving Under the Influence of Cannabis and Other Drugs

Although Illinois has just passed legislation legalizing cannabis, it will remain illegal to drive under the influence of marijuana or any other drug. It is important to know that marijuana, in particular, can remain in the blood for up to 30 days. That means that if a person used it two weeks ago, got in a car accident, and the police took a chemical test, THC, the psychoactive component in cannabis, could show up in the results. This could make things very difficult for the driver, as they could face DUI charges even though they were not impaired.

Driving Under the Influence of Alcohol and Drugs

Lastly, a person may face charges of driving under the influence if they combine alcohol and drugs, which causes them to become impaired. This seems like common sense, but it can happen more easily and innocently than many people think. For example, if a person is taking opioids for chronic pain and has a glass of wine at a dinner party before driving home, they may not think they are impaired. A chemical test, however, will likely reveal otherwise, and they could face DUI charges even though they did not think they were doing anything illegal.

Facing DUI Charges? Call Our Illinois Criminal Defense Attorney

At the Law Offices of Christopher M. Cosley, our skilled Rolling Meadows criminal defense lawyer knows how easy it is for people to be charged with a DUI. Often, these individuals did not even think they were doing anything wrong, and they certainly did not want to put themselves or others in danger. If you are facing DUI charges, we can help you beat them. Call us today at 847-394-3200 to schedule your free consultation.

 

Source:

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

Drugged Driving in Illinois

February 5th, 2018 at 8:40 am

Class 4 felony, drugged driving, DUI charges, Rolling Meadows criminal defense attorney, drug convictionMuch focus is on drunk driving. Even though motorists know they should not drive after drinking, many do anyway. This often leads to serious accidents.

Now that recreational marijuana use is legal in many states—including Illinois—it is important for motorists to understand that drugged driving is against the law as well. If a person is pulled over for driving recklessly and is found to have drugs in his or her system, he or she could face DUI charges, regardless of whether or not he or she is at the legal limit.

However, measuring the amount of drugs in one’s blood is easier said than done. There is no 0.08 percent blood alcohol content (BAC) equivalent for marijuana and other drugs. Plus, unlike alcohol, drugs can stay in a person’s body for weeks after use.

Illinois does have laws in place regarding drugged driving. Therefore, if you do use marijuana—whether for recreational or medicinal purposes—and drive later, you could face DUI charges. 

What is Considered Drugged Driving?

Illinois law allows five nanograms of tetrahydrocannabinol (THC) per milliliter of blood or 10 nanograms or more per milliliter of urine or other bodily substance. However, it is also illegal for a person to drive in an unsafe manner and have even the smallest amount of drugs in his or her system. A police officer may perform a blood, breath or urine test, or require the driver to submit to field sobriety testing.

Drugged Driving Penalties

A first offense can result in a $2,500 fine, one year in prison and license suspension for one year. If a person is convicted of a second offense, the penalties increase. They include license suspension for five years, a $2,500 fine, one year of imprisonment, 30 days of community service and completion of a substance treatment program.

Once a person is convicted of three or more DUI charges, the charges become Class 4 felonies. A person will lose his or her driving privileges for six years and be subject to penalties such as drug treatment, a $10,000 fine, and three years in prison.

The penalties are enhanced when the driver is in a school zone or has a passenger under the age of 16 in the car at the time. Enhanced penalties also apply if the driver is under the influence of drugs and causes an accident that results in serious injury, disfigurement, disability, or death.

Contact Us Today for Help

It is illegal to drive while intoxicated, and that means being under the influence of not only alcohol, but drugs as well. Even marijuana use can impair one’s judgment and lead to accidents.

If you are facing DUI charges for having high levels of marijuana or other drugs in your system, you need legal help right away. The Law Offices of Christopher M. Cosley can defend your case. Passionate Rolling Meadows criminal defense attorney Christopher Cosley can work to reduce your penalties. Let us help you today.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501.2

Illinois Police to Begin Roadside Drug Testing

January 8th, 2018 at 7:31 am

roadside drug testing, Rolling Meadows DUI defense lawyer, drug offense, new drug test, drugged drivingGetting behind the wheel in Illinois while under the influence of alcohol and/or other drugs is illegal. However, for the past few decades educational campaigns aimed at deterring drivers from driving under the influence have focused almost exclusively on the evils of drunk driving while largely ignoring the various problems associated with driving while under the influence of drugs. Perhaps this is because, up until recently, police officers have had a reliable tool at their disposal to detect alcohol in a driver’s system (the breathalyzer) while they lacked such an instrument to conduct roadside testing for drugs. However, it seems that this is about to change as at least one Illinois police department plans to begin roadside drug testing in the upcoming months.

The New Test

According to the Chicago Tribune, Carol Stream police officers plan to be the first department in Illinois to implement a new roadside test to determine if drivers are under the influence of one or more drugs. Reportedly, the new roadside test will be able to detect marijuana, cocaine, methamphetamines, amphetamines, and opiates such as heroin via a chemical test.

The new test will be very similar to the roadside breath tests that police officers currently use; however, instead of blowing into a breathalyzer a suspected impaired driver will have his or her mouth swabbed. Many European countries, as well as a handful of American states, are already using similar roadside tests to determine whether a driver is under the influence of a controlled substance.

How do Police Officers Currently Determine if a Driver is on Drugs?

Currently, an Illinois police officer who suspects a driver of being under the influence of a controlled substance has the option of seeking a blood or urine sample from the driver which can then be tested for drugs. Still, such a sample must be collected and tested at a police station which means that there is often significant lag-time between pulling the driver over and determining if he or she is in fact under the influence of one or more drugs.

Furthermore, these tests are quite expensive. In contrast, the new drug test that is about to be rolled out in Illinois can be administered on the side of the road, will be less expensive and will tell police officers how much of a particular drug is present in a driver’s system (rather than simply indicating whether or not a drug is present).    

Need Legal Advice?

If you have been charged with driving under the influence in Illinois and are looking to protect your legal rights, contact experienced Rolling Meadows DUI defense lawyer Christopher Cosley without delay. At The Law Offices of Christopher M. Cosley we defend clients from all walks of life against DUI charges. You do not have to take on the daunting task of fighting your DUI charge alone. Contact us today for help.

Source:

http://www.chicagotribune.com/suburbs/ct-met-police-drug-driving-test-20171205-story.html

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