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Archive for the ‘drunk driving charges’ tag

What Sobriety Tests can Drivers Refuse When Pulled Over for a DUI?

March 12th, 2020 at 9:38 am

IL DUI attorney, IL defense lawyerProsecutors in Kane County will be stepping up their DUI patrols during the weekend just before St. Patrick’s Day. While this is the 25th year in a row that Kane County has conducted these patrols known as “No Refusal” patrols, there is an important change this year.

When a driver is pulled over for a suspected DUI and refuses to submit to a chemical test, such as the breathalyzer, they will automatically lose their driver’s license for one year. Law enforcement will then contact an on-call judge that can issue an immediate warrant for the test. If the suspected driver still refuses, the test can be taken forcefully, and the driver can even face charges of obstruction of justice. The news of the patrols, and the change, has many drivers asking when they can refuse a test, and what type of test they can refuse if pulled over for a DUI.

Refusing Chemical Tests

Chemical tests used to prove that a driver is operating a motor vehicle with a blood alcohol concentration of 0.08 or greater can include breath tests, blood tests, and urine tests. Any time a driver is pulled over for a suspected DUI and refuses to submit to these tests, they will likely lose their license for one year. This is true in all counties, and at any time of the year.

This penalty drivers face is due to Illinois’ implied consent laws. Implied consent means that any time a driver gets behind the wheel, they have already consented to a chemical test if law enforcement asks them to submit to one.

Even with the implied consent law and the penalty that results from refusing a test, it is usually advised that drivers refuse these tests. The results from these tests can provide the prosecution with the proof they need to secure a conviction and so, in most but not all cases it is advised that drivers refuse these tests. For example, due to the additional charge drivers may face in March in Kane County, when a subpoena has been obtained, drivers should submit to these tests.

Field Sobriety Tests

Another type of test law enforcement may ask drivers to submit to include field sobriety tests. These tests include the Walk-and-Turn test, the One-Leg Stand test, and more. These tests are highly subjective, rely largely on the officer’s own opinion, and are highly unreliable. Drivers can refuse these tests without fear of losing their driver’s license, but they will still likely be arrested for a DUI. Like chemical tests, it is advised that all drivers always refuse field sobriety tests so they do not provide the prosecution with evidence.

Our Illinois DUI Lawyer can Help with Your DUI Charges

If you are facing DUI charges, you need the help of our skilled Rolling Meadows DUI lawyer at the Law Offices of Christopher M. Cosley. Attorney Cosley has helped many clients beat their DUI charges and he will put that experience to work for you. After reviewing your case he will create a solid defense to give you the best chance of a successful outcome. If you or a loved one has been arrested for a DUI, call us today at 847-394-3200 to schedule your free consultation and to learn more about how he can help.

 

Source:

https://www.dailyherald.com/news/20200217/kane-county-authorities-plan-no-refusal-dui-patrol-around-st-patricks-day-with-one-change

 

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

What Are Your Rights When Approaching a DUI Checkpoint?

December 26th, 2019 at 9:07 am

IL DUI, IL drunk driving lawyer, IL DUI checkpoint lawyerThe holidays are approaching and that means in Illinois, you will likely come across more DUI checkpoints as you are traveling between shopping malls, restaurants, and the homes of loved ones. During the landmark case, Michigan Department of State Police v. Sitz, the United States Supreme Court ruled that these checkpoints do not violate a person’s rights. However, the federal government leaves it up to the individual states to determine if these stops go against the state’s constitution, and how to operate them if they determine they are legal.

Unlike some states, such as neighboring Wisconsin, in Illinois, DUI checkpoints are considered legal. That doesn’t mean though, that you do not have any rights when approaching one.

How DUI Checkpoints Work

Law enforcement has the right to set up DUI checkpoints any time they wish and in nearly any location. They cannot set these checkpoints up in areas that would cause needless traffic jams, or that would pose a hazard to drivers, such as on a highway. Police typically choose a location where arrests for DUIs are common. Sometimes police departments may announce where these checkpoints are, in the hopes that it will deter drunk driving. Other times, they may be more discreet, in the hopes of catching drivers off guard.

When setting up the checkpoint, law enforcement must use lights, signal flares, or signs to tell drivers that they are approaching a checkpoint. All vehicles and officers on the scene must be clearly marked to indicate that they belong to law enforcement.

Officers are not allowed to detain drivers they have no reason to believe has been drinking or committing any other criminal activity. If they want to ask a driver to get out of their vehicle, or to search the vehicle, they must have reasonable suspicion that the driver is drunk or has committed another offense. Lastly, officers cannot arrest someone without a reason to believe that the person has committed a crime.

Your Rights at a DUI Checkpoint

In Illinois, you are allowed to turn your vehicle around if you are approaching a DUI stop and wish to avoid it. You must make this turn legally. If you decide to proceed through the checkpoint, it is important to understand that you still have the same rights as someone that is pulled over by police for a suspected DUI.

You do still have the right to remain silent if you could incriminate yourself, such as admitting that you had been drinking. You can also refuse to perform field sobriety tests and can refuse to submit to a breathalyzer test, although your driver’s license will likely be automatically suspended for one year.

If the police arrest you at the checkpoint, you still have the right to remain silent until speaking to an attorney. You also have the right to refuse to provide a blood sample until you are presented with a warrant signed by a judge.

Arrested at a DUI Checkpoint? Call an Illinois Criminal Defense Attorney

Too many people in Illinois are confused about their rights when they approach a DUI checkpoint. The fact is everyone has them and, too often, law enforcement violate those rights in their eagerness to make an arrest. If you have been charged with a DUI arrest after passing through a checkpoint, call our skilled Rolling Meadows criminal defense lawyer at the Law Offices of Christopher M. Cosley. Our attorney has the experience necessary to challenge these charges and give you the best chance of beating them. Call us today at 847-394-3200 to schedule your free consultation to learn how we can help.

 

Source:

https://www.law.cornell.edu/supremecourt/text/496/444

Tips to Avoid a DUI This Holiday

December 12th, 2019 at 8:55 am

IL DUI lawyer, IL defense attorneyThe Illinois State Police (ISP) are warning drivers that, as the holidays approach, they still must remain safe on the roads. In a news story, the ISP have warned drivers that they will be looking for motorists that are under the influence, distracted while driving and drivers that do not wear their seat belts. The worst of these infractions is certainly a DUI, so below are a few tips on how to avoid getting one of these charges.

Learn of DUI Checkpoints Ahead of Time

Of course, it is going to be much harder to avoid a DUI if you have to make it through a DUI checkpoint. Of course, no one should be driving while under the influence, but law enforcement at these checkpoints also often want to simply make arrests, whether a person is guilty or not. So, to avoid them, download an app such as PhantomAlert that can tell you where the roadblocks are.

Do Not Drive Drowsy

Drowsy driving can look a lot like drunk driving to police officers that are eager to make an arrest. Even just one drink on a stomach full of turkey can make you drowsy enough to impair your driving. Another reason to avoid driving while drowsy is also to ensure your safety, and the safety of those around you.

Designate a Driver

Of course, the best way to avoid a DUI charge is to avoid driving drunk. That often means designating a driver before you go out. If there are many festivities that you and friends or family will be attending, you can all take turns being the designated driver so everyone can celebrate the holidays, while remaining safe.

Ask for a Ride

Sometimes you may find that you had the best of intentions but that you ended up having one or two more drinks than you thought. When this is the case, it is always better to ask for a ride. Ask around at the event you are at to find out if anyone is going your way, or call an Uber or Lyft.

Plan Ahead

One of the best ways to avoid a DUI is to plan ahead so you do not find yourself stranded, which can make it that much more tempting to get behind the wheel of your car. Also, preparing for your ride home ahead of time will also be easier than asking as everyone is leaving the party, and could be cheaper too, as you may not have to rely on paid services, such as taxis and ride-sharing programs.

When the Worst Happens, Call Our Illinois Criminal Defense Lawyer

Whether or not you have followed all of the above tips, you may still find yourself facing charges. At the Law Offices of Christopher M. Cosley, our skilled Rolling Meadows criminal defense lawyer knows that not everyone charged is guilty, and he will work hard to prove you are not either. Attorney Cosley has the experience necessary to have your charges reduced, or dismissed altogether. Call us today at 847-394-3200 to schedule your free consultation.

 

Source:

https://www.galvanews.com/news/20191122/isp-prepare-for-increased-holiday-travel

 

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

Four Common Defenses to DUIs

July 17th, 2019 at 10:05 am

IL DUI lawyer, Illinois drunk driving attorney, If you are convicted for driving under the influence, it will have a severe and devastating impact on your life. You will likely have your license suspended, face crippling fines, and possibly even jail time. Even after serving a sentence or paying a fine, a conviction will still remain on your record. That could keep you from gaining employment, housing opportunities, and possibly prevent you from obtaining a professional license or seizing academic opportunities. To avoid these consequences, you need a strong defense for your DUI charges, and a Rolling Meadows criminal defense attorney can help you with it. Below are some of the most common defenses used against DUI charges.

Illegal Traffic Stop

In Illinois, police must have reasonable cause to pull you over. They cannot stop you simply because they suspect or have a hunch that you are intoxicated. Reasonable cause means they must have seen you violate a traffic law, such as running a red light or driving a car with a broken or missing taillight. If the officer that pulled you over cannot provide a satisfactory reason why they had reasonable cause, the evidence in the case can be suppressed.

Illegal Search and Seizure

Under the Fourth Amendment, the police cannot generally search your vehicle without first obtaining a search warrant. However, this works a bit differently in DUI cases. If you give consent to have your vehicle searched, the search is lawful. The search is also lawful if the police feel it is necessary for their own protection, such as if they are searching for a weapon they feel you may use against them. Lastly, if you are arrested for a DUI during a traffic stop, the police can search your car for evidence pertaining to the arrest, such as beer cans or bottles.

If none of those circumstances apply, the police cannot search your car. For example, they cannot pull you over for a suspected DUI and search your car when you have been cooperative and have not been arrested. If they do, any evidence collected can also be suppressed.

Inaccurate Field Sobriety Test

Field sobriety tests are notoriously inaccurate. They are largely subjective and can be affected by a person’s health condition, or even their mental state after being pulled over. Uneven pavement, flashing lights, and impractical footwear can all also give inaccurate results after a field sobriety test. These can be challenged in court and if successful, that evidence can be thrown out, and a judge may determine the officer did not have reasonable cause to arrest you.

Violation of Fifth Amendment Rights

Under the Fifth Amendment, anyone charged with a crime has certain rights. Law enforcement must inform individuals of these rights, and uphold them. You do not have to answer their questions and as soon as you decline, the police must stop questioning you. If they continue to press you for answers, deny you the right to an attorney, or fail to uphold any of your other rights, evidence obtained can be deemed inadmissible at trial.

Speak to a Rolling Meadows Criminal Defense Lawyer Today

If you have been charged with a DUI, a dedicated Rolling Meadows criminal defense attorney will know the defenses available, and the best one to use for your case. If you are facing charges, contact the Law Offices of Christopher M. Cosley today at 847-394-3200 for your free consultation. A charged does not have to turn into a conviction, and we will work hard to prevent it from happening.

 

Source:

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

 

What Turns a DUI Into an Aggravated DUI?

June 12th, 2019 at 5:14 pm

Illinois defense attorney, IL criminal lawyerIt was in February of 2019 that a woman was convicted of an aggravated DUI after crashing into a stalled vehicle on the Murray Baker Bridge in 2017, killing another woman. She faced up to 14 years in prison, but recently was sentenced to three years. Under her no contest plea, she is eligible for appeal and probation, but must serve at least 85 percent of her sentence.

Any DUI is considered a serious offense in the state of Illinois. An aggravated DUI however, involves certain factors that upgrade the crime to something more serious.

Misdemeanor DUI vs. Aggravated DUI

Most DUIs in Illinois are considered Class A misdemeanors that carry a maximum sentence of one year in prison. Many first offense misdemeanor DUIs do not involve any jail time. When there are certain other factors involved in the crime, known as aggravating factors, the charge of DUI is upgraded to a felony or an aggravated DUI.

When a person is convicted of an aggravated DUI, the minimum sentence is a minimum of 10 days in jail or 480 hours of community service. Aggravated DUIs differ from misdemeanors mainly due to the fact that maximum sentences exceed one year. Sentences for aggravated DUIs are typically between at least one and three years.

Types of Aggravated DUI Offenses

There are many different circumstances that can result in a DUI becoming an aggravated DUI. They include:

  • Prior offenses: When the driver has two or more prior DUIs, any others that follow are considered aggravated DUIs
  • Driving on a suspended or revoked license: When the driver’s license is suspended or revoked for prior DUIs, leaving the scene of an accident, or reckless homicide
  • Driving without a valid license: When the driver does not have a valid driver’s license, learner’s permit, or restricted driving permit
  • Driving without valid insurance: When the driver knew, or should have known, the vehicle they were driving was not covered by proper liability insurance
  • An accident occurred that resulted in great bodily harm: The prosecution will likely press aggravated DUI charges, even if the drunk driver was not at fault for the accident
  • Accidents resulting in bodily harm to those under 16: When those injured are minors, any extent of injury will result in an aggravated DUI
  • Accidents resulting in death: These aggravated DUI charges count as one felony, regardless of the number of fatalities. Unlike other instances, the drunk driver must have contributed to the accident.
  • Drunk driving in a school zone: If a drunk driver harms anyone while driving through a school zone, they will face aggravated DUI charges. Serious injuries are not required but if an accident does result in great bodily harm, the charges and associated penalties will likely increase.
  • Driving a school bus with passengers under the age of 18: Even one passenger can result in an aggravated DUI charge, and the incident does not have to involve an accident.
  • Prior DUI convictions under certain circumstances: These include carrying a passenger under the age of 16 and previous convictions for an alcohol-related homicide offense.

When facing charges for any type of aggravated DUI, those accused must speak to an experienced criminal defense lawyer that can help.

Charged with a DUI? Call Our Rolling Meadows Criminal Defense Lawyer

If you have been charged with any type of DUI, contact a skilled Rolling Meadows criminal defense lawyer today. At the Law Offices of Christopher M. Cosley, we want to help you build a solid defense that will have your charges dropped or reduced so you face as few penalties as possible. These charges are serious, and you need someone with experience to help you get the best possible outcome for your case. Call us today at 847-394-3200 or fill out our online form for your free consultation.

 

Sources:

https://www.pjstar.com/news/20190424/dunlap-woman-sentenced-for-2017-fatal-dui-accident

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

Is There a Lookback Period in Illinois for DUIs?

April 4th, 2019 at 8:22 pm

Illinois defense lawyer, Illinois DUI attorneyMany states have a lookback period for DUI convictions. A lookback period, which is typically five to 10 years, indicates the amount of time a DUI conviction remains on a person’s driving record. This is helpful for those charged with subsequent DUIs because the prosecution and courts can only see DUIs within that timeframe. If a person was convicted of a DUI but the conviction took place longer than the lookback period, that DUI is not considered during sentencing.

So, is there a lookback period in Illinois for DUIs?

Lookback Period in Illinois

Unfortunately, in Illinois, there is no lookback period for DUIs. If a person is convicted of a DUI, it remains on their permanent driving record. This means the prosecution and judge can charge for a subsequent DUI no matter how long ago the first conviction occurred.

However, the courts will still take into consideration the length of time between a first offense and subsequent offenses when revoking a person’s driver’s license. For this reason, it is important anyone charged with a DUI speaks to a Rolling Meadows DUI lawyer that can help them beat the charges and continue to enjoy an unblemished permanent driving record.

Court Supervision

After being found guilty of driving under the influence in Rolling Meadows, the best chance a person has at avoiding jail time and high fines is court supervision.

When a judge sentences a person to court supervision, the defendant will have certain requirements and obligations they must meet. The court will then supervise that person for a period of time to ensure they are fulfilling those obligations, such as community service. Once a person can complete their court supervision successfully and without further incidence, the charges are dismissed without a conviction.

It is important that anyone sentenced with court supervision for a DUI understands this is only possible after their first DUI. Any subsequent DUI convictions are not eligible for court supervision, even if the defendant was not ordered to court supervision previously.

It is also important for all drivers in Illinois to understand that court supervision is not only possible for first-time DUIs, but also first offenses of reckless driving. The stipulations of court supervision remain the same regardless of the charge a person is facing.

Driver’s License Revocation

While Illinois may not have a lookback period for DUIs, the length of time in between subsequent DUIs does have an effect on how long a person’s driver’s license is revoked.

First-time DUI convictions will result in a person losing their driver’s license for one year. If a person is then convicted a second time of a DUI, their license is revoked for five years, but only if 20 years have passed since their first DUI.

The only subsequent DUI convictions that will not have any effect on the amount of time a person loses their driver’s license are third and fourth convictions. After a third DUI, a person will lose their license for 10 years, regardless of how long it has been since their last DUI. After a fourth conviction, a person loses their driver’s license for the rest of their life.

Without a Lookback Period, Anyone Charged with a DUI Needs a Rolling Meadows DUI Attorney

In Rolling Meadows, even one DUI conviction has serious consequences. Not only will individuals go a year without their license, but they will also have a permanent mark on their driving record. They could even have a permanent criminal record. For these reasons, anyone charged with driving under the influence needs a dedicated Rolling Meadows criminal defense lawyer that can help them build a solid defense. If you have been charged with a DUI, you simply cannot take your chances with the wrong lawyer, or try to beat the charges on your own. There is simply too much at stake. Contact the Law Offices of Christopher M. Cosley at 847-394-3200 for your best chances at retaining your license, and your freedom. Do not face the difficulties that come with even just one DUI conviction. Call today for your free consultation.

 

Sources:

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

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

What to Expect After a First-Time DUI

February 7th, 2019 at 7:28 pm

drunk-drivingBeing charged with a DUI is always an upsetting time. Individuals may feel shocked if they did not realize they had too much to drink. When the DUI is a first offense, it is also normal to feel confused and worried about what will happen next.

The first thing individuals should always do after being charged with a DUI is to contact a DUI attorney in Rolling Meadows that can help. An attorney will be able to best explain what will happen in a specific situation and provide a strong defense. This will give those charged the best chance at regaining their freedom and having a clear record once the incident is over.

Generally speaking, there is a procedure that anyone charged with a DUI will have to follow.

Court Appearances and Driver’s Licenses

Immediately after being charged with a DUI, individuals will likely be given a notice that their license is suspended. That suspension often starts 46 days after the arrest. They will also be given a notice of when they must appear before the court for their first hearing.

It is highly advisable that anyone charged with a DUI contact a criminal defense attorney that can represent them at this first hearing, and all other court appearances. During the first hearing, the attorney will inform the court that they are representing the defendant. They will ask for the prosecution’s discovery, which will include any evidence against the defendant.

At this time, the attorney may also petition the court to allow the defendant to keep their driver’s license without suspension. If the court does not grant that petition, an attorney will then be able to petition the court to allow the defendant to drive with an ignition interlock device after the first 30 days of suspension. This can help individuals remain mobile during the DUI proceedings. It can also help them keep their employment if driving is a large part of their job.

After the prosecution gives the defense attorney the evidence they have against the defendant, the attorney may make certain motions. The police may have lacked probable cause to stop the defendant, or there could be indications that the testing devices were inaccurate.

Once all evidence has been reviewed and any applicable motions made, the defense attorney will then advise the defendant whether they can win the case, or if the defendant should accept a plea bargain. Either way, the defendant will still be required to have an alcohol evaluation taken.

In Cook County, this can only be done through the Central States Institute, located in the circuit court. This evaluation may include drug screening and an in-person interview. Evaluators will try to determine how many substances a person uses, if they live a sober life, and if they have character references. If a person is later found guilty of the DUI, the court will use this evaluation to determine appropriate sentencing.

How Long Does a DUI Proceeding Take?

No DUI case is over after the first court date. It will likely take several months, particularly if the defendant and their attorney have decided to take the case to trial. The focus though, should always be on getting a successful outcome and not rushing the case to simply have it over with. If the defendant is ever charged with a second DUI offense, they may regret rushing the first case simply to put it behind them.

Possible Penalties

After being arrested for a DUI the first time, the first question many people have is whether or not they will go to jail. While jail time is a possibility, it is unlikely that a first-time offender will have to spend time in jail. Instead, those convicted will likely have to attend alcohol classes, pay fines, and/or perform community service. Those that take their case to trial and lose may face harsher penalties, but jail is still an unlikely outcome.

Contact a Rolling Meadows DUI Attorney That Can Help

Although jail time is unlikely, it is still very important that anyone charged with a DUI speak to a dedicated Rolling Meadows criminal defense attorney as soon as possible. An attorney will give those accused the best chance at getting their license back sooner, avoiding jail time, and keeping their criminal record clean. If you have been charged with a DUI, contact the Law Offices of Christopher M. Cosley at 847-394-3200. Being arrested is very stressful, particularly for those that do not know what to expect next. We can help guide you through the process and prepare a solid defense that will give you a better chance of a successful outcome in court. Do not wait another minute to get the help you need. Contact us for a free consultation.

 

Sources:

http://www.cookcountycourt.org/ABOUTTHECOURT/MunicipalDepartment/ThirdMunicipalDistrictRollingMeadows/Directory.aspx

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

Can You Refuse Field Sobriety Tests in Rolling Meadows?

January 25th, 2019 at 10:28 pm

IL defense lawyerLike every other state, in Illinois, it is illegal to drive with a blood alcohol content higher than 0.08 percent. Those found guilty of doing so will be charged with driving under the influence, or DUI. There are a few steps law enforcement take before making an arrest, though. One of those is to administer field sobriety tests. Many individuals, whether they have been charged with a DUI, or they think they are about to be, wonder if these tests are mandatory. So, can you refuse field sobriety tests in Rolling Meadows?

What Are Field Sobriety Tests?

Field sobriety tests are one tool used by law enforcement when they suspect someone is driving under the influence. While there are many field sobriety tests a police officer may ask the driver to undergo, there are generally three main ones.

The Horizontal Nystagmus Test (HGN) will involve the officer holding up an object. They will then ask the driver to follow that object with their eyes as the officer moves it from left to right. The officer will then look for when the pupil begins to exhibit ‘nystagmus’, or an involuntary jerking of the eye.

Another field sobriety test is the walk and turn test. During this test, the driver will be asked to take a number of steps, turn around using just one foot, and walk back in the direction from which they came. This test is mainly done so that the officer can observe the balance and coordination of the driver.

Lastly, the third main field sobriety test is the one leg stand test. In this test, the officer will ask the driver to stand with one foot approximately six inches off the ground. The driver will also be asked to count aloud by thousands. This test is also administered to determine the coordination and balance of the driver.

Can a Driver Refuse Field Sobriety Tests?

Any field sobriety test can be refused. However, that does not mean the driver will simply be sent on their way. Instead, they will likely be arrested. If an officer asks a driver to perform a field sobriety test, they already have the intent to arrest the driver for a DUI. They are simply trying to collect more evidence against the driver for when the case goes to court.

Still, drivers are always recommended to refuse to take field sobriety tests. While it will still likely end with an arrest, by refusing they are not providing additional evidence for the police and prosecution in the case.

Contact a Rolling Meadows Criminal Defense Lawyer for Help

Even if you have submitted to field sobriety tests and been arrested for a DUI, it is crucial that you contact a skilled Rolling Meadows criminal defense lawyer that can help. An experienced attorney can refute the accuracy of the tests, as well as discredit the officer’s testimony in court. If you have been arrested for a DUI, you need the best defense possible. Call us today at 847-394-3200 to get a free consultation. We will start reviewing your case right away, and prepare a defense to give you the best possible chance at a successful outcome.

 

Source:

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

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