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Archive for the ‘drugs’ tag

Drugs, Alcohol and Driving: Serious Criminal Consequences

August 19th, 2016 at 7:00 am

Drugs, Alcohol and Driving: Serious Criminal ConsequencesDriving under the influence is a serious offense in Illinois, and law enforcement does not take it lightly. Illinois law provides for three different types of DUI offenses: driving under the influence of alcohol, driving under the influence of drugs, or driving under the influence of drugs and alcohol, according to 625 ILCS 5/11-501.

Driving Under the Influence of Drugs

When it comes to driving under the influence of drugs, there are two levels of this offense: driving under the influence and driving with drugs in your system. Driving under the influence of drugs involves the arresting officer’s judgment call concerning whether you were operating a vehicle while under the influence of drugs. Only officers who have received training concerning how people behave when they are on drugs are really qualified to make this judgment call. Inexperienced law enforcement officers may lack the skill and training to appropriately and correctly identify suspected drugged drivers. In order to be convicted, there must be proof of the charge that you were under the influence of drugs at the time of the arrest. The smell of drugs (e.g., the smell of marijuana) or the driver’s admission of having taken drugs at some other time in the past is not enough. However, if drug paraphernalia is found in the vehicle, or the driver is unable to perform field sobriety tests, this evidence is more concrete.

Driving with drugs in your system involves being tested to prove that you had some concentration of drug in your body at the time of arrest or shortly thereafter. These tests could include breath, blood, or urine testing. These tests must be completed by individuals who are trained and qualified to perform these tests. For instance, breathalyzer testing can be conducted by a law enforcement officer who is trained to perform such testing. However, blood and urine testing must be done by a qualified medical professional, and must be done within a certain amount of time after you are taken into custody by law enforcement. There are also specific procedural requirements for how these types of tests are conducted, which are provided for under the law. The testing procedure must be performed in accordance with the law, or else any resulting evidence may be inadmissible against you.

Driving Under the Influence of Drugs And Alcohol

Drugs and alcohol can be a dangerous mixture, with highly intoxicating effects. Police have the right to request a blood or urine sample for testing to determine whether or not the driver was intoxicated at the time of arrest.

Charged With A DUI? Call The Law Offices of Christopher M. Cosley

Facing a DUI for driving under the influence of drugs, alcohol, or both is serious business. If you have been charged with a DUI, please do not hesitate to contact a passionate Rolling Meadows criminal defense attorney immediately for help with your case.

Source:

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

Zero Tolerance in Illinois

April 10th, 2014 at 12:34 pm

zero tolerance, DUI, driving under the influence, Chicago criminal defense lawyer, DUI defense attorney in IllinoisAccording to United States law, no person under the age of 21 is allowed to consume alcohol and no person of any age is allowed to drive while intoxicated. Many times, adults will have a couple drinks and drive home safely, with a blood alcohol content below the legal level of 0.08. If a person under 21, however, is pulled over and is found to have a blood alcohol content of anything above 0.0, he or she can be charged.

This is called the zero tolerance policy of Illinois for underage drinking, says  CyberDriveIllinois.com. If a person under 21 is caught driving with even a trace of alcohol in his or her system, he or she will lose all driving privileges. Police officers can only pull over a person if he or she has probable cause.

Probable causes can include:

  • Driving over the speed limit;
  • Running a red/yellow light;
  • Not coming to a complete stop at a stop sign or four-way stop;
  • Not driving straight in the traffic lane.

The zero tolerance law says:

  • No person under the age of 21 can purchase, accept, possess, or consume alcohol. Penalties may be suspension/revocation of driving privileges;
  • Any person under 21 who receives court supervision as penalty will receive 3-month suspension of driving privileges;
  • Certain exemptions include religious and medical reasons;
  • All states have zero tolerance laws;
  • Other penalties may be fines, jail time, high insurance costs, mandatory alcohol evaluation and treatment, negative effects on driving record, and negative effects on job opportunities.

If you are caught with alcohol in your system while driving and you are under 21, your driving privileges will be suspended for 3 months. The suspension will be lengthened to one year for a second offense.

Although you can refuse to take a test to determine your blood alcohol level, you can be charged for refusal or failure to complete the test if you are under 21. The first time you refuse, your driving privileges will be suspended for 6 months and as a second offense, they will be suspended for 2 years.

Keep your driving record clean by not drinking and driving. If you have been caught drinking and driving, especially if you are under the age of 21, contact an Illinois criminal attorney to help you in court today.

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