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Archive for the ‘drunk driving’ tag

Do I Need to Participate in a Field Sobriety Test?

March 9th, 2018 at 7:18 am

drunk driving, DUI charge, field sobriety test, Rolling Meadows criminal defense attorney, DUI attorneyRed, white, and blue represent freedom in the United States, but those take on a completely different meaning when you see them flashing in the rearview mirror of your car. Being pulled over can be scary and you might not be sure what to expect. If a police officer suspects that you are driving under the influence of alcohol, a simple traffic stop turns into much more.

Illinois Field Sobriety Tests

The National Highway Traffic Safety Administration (NHTSA) conducted a study to determine what sobriety tests are the most effective in determining if a suspect is driving under the influence. Illinois uses “Standardized Field Sobriety Tests” on individuals to determine their intoxication. It is imperative that individuals understand what these tests are so that they are better equipped should a situation arise when they are faced with the question of participating in them.

  • Walk and Turn: This is a test that officers use to judge your balance and if you stagger while you walk. This test requires that you walk in a straight line, heel to toe, for nine paces and then turn around and walk back to the start. Arms are kept at your side, and the officer may instruct you to count the steps (one through nine) out loud.
  • One Leg Stand: This test also judges your balance and ability to follow directions. You will stand with your legs together and then the officer will instruct you to lift one leg off of the ground and stand there. Usually, the officer will instruct you to lift your foot six inches off the ground for up to 30 seconds.
  • Horizontal Gaze Nystagmus: This is a more “complex” test and it produces the most reliable results of the field sobriety tests. The officer will look for involuntary jerking of your eyes that is linked to alcohol consumption. The officer will move his finger, or a pen, from side to side and instruct you to follow it with your eyes.

Participation Requirements

Illinois law does not require you to participate in field sobriety tests. You are allowed to refuse any field sobriety test that the officer wants to conduct. There are no penalties for refusing the sobriety test. This is different than other states that will use this refusal to participate in a field sobriety test against you in further charges. Again, it is likely that you will be arrested after refusing a field sobriety test, but there are no further penalties associated with the refusal.

Contact an Experienced Attorney

If you have been charged with a DUI, or submitted to field sobriety tests, but wish you had not, contact an experienced DUI attorney as soon as possible. At The Law Offices of Christopher M. Cosley, we will explore every option and defense that is available to you. Reach out to a passionate Rolling Meadows criminal defense attorney at our office today for immediate help with your case.

Source:

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

The Unintended Consequences of a DUI Conviction in Illinois

December 1st, 2016 at 1:02 pm

DUI conviction, Rolling Meadows DUI defense lawyerEven the most sensible people can sometimes exercise poor judgement, or think that they are sober enough to drive after a few drinks. Drunk, intoxicated, or even buzzed drivers are often pulled over by law enforcement and arrested on DUI charges. Oftentimes, these individuals have no idea what to do because they are first time DUI offenders. A DUI conviction can have a profound impact on your life beyond the obvious criminal consequences, such as jail time and fines. Many first time DUI offenders are stunned by the additional consequences of a DUI.

DUI Facts: The Profile of the Average DUI Offender

According to the Office of the Illinois Secretary of State, the average DUI offender in Illinois is a male around the age of 34 years old, who is intoxicated behind the wheel between the hours of 11:00 p.m. and 4:00 a.m. This typical DUI offender generally has a blood alcohol concentration (BAC) of twice the legal limit (legal limit being 0.08 BAC in Illinois for drivers over the age of 21). Ninety percent of the drivers who were arrested in 2014 for DUI lost their driving privileges as a result, and 86 percent of those drivers who were arrested were first time offenders.

Additional Consequences of A DUI

In addition to the misdemeanor or felony penalties associated with a DUI conviction, there are a number of additional consequences that many people do not realize also result from a DUI conviction. For instance:

  • In order to get your driver’s license reinstated, you will have to successfully attend and complete a drug and alcohol remedial education course, or a substance abuse course;
  • You will have a permanent DUI conviction on your driving record;
  • You may miss time from work or school because you have to deal with your DUI hearing;
  • You may be able to get a restricted driving permit, but you will have to meet certain requirements for an administrative hearing before you can get the permit;
  • Your vehicle registration will be suspended;
  • Your vehicle will likely be impounded, and you must pay to get your vehicle out of impoundment;
  • You will be required to get high-risk auto insurance for three years following your DUI conviction; and
  • If you were subject to a blood test to determine your blood alcohol concentration level, you may be held liable for the cost of that blood test if you are subsequently convicted of a DUI.

First Time DUI Offender? Contact Our Offices Today

The courts do not take DUI offenses lightly and may be particularly harsh on first time DUI offenders. If you have been charged with a DUI, you will need help navigating your criminal charges and understanding the DUI court procedures for getting a restricted driving permit, a judicial hearing, and fighting your DUI charges. Please contact a passionate Rolling Meadows DUI defense attorney immediately to discuss your case.

Source:

https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_a118.pdf

When Can a Summary Suspension Be Rescinded?

January 4th, 2016 at 2:58 pm

Ililnios drunk driving lawyer, Illinois defense attorney, Illinois criminal lawyerWhen an individual is arrested for driving under the influence of drugs or alcohol and refuses to submit to chemical testing or submits to a chemical test that reveals a blood alcohol concentration of 0.08 or higher, that individual will be subjected to a statutory summary suspension of his or her driving privileges under Illinois law. This can be a terrible situation for an individual who needs to be able to drive. If you have been subjected to a statutory summary suspension of your driver’s license in Illinois, you need to consult with a criminal defense attorney to see if there is any way for your suspension to be rescinded.

Summary suspensions can be rescinded (meaning taken back or canceled) for a number of reasons, if a petition to rescind is filed within 90 days of the service of the notice of summary suspension. A skilled DUI defense attorney can identify any potential reasons why your summary suspension should be rescinded and can help you file your petition within the statute of limitations for a rescission.

Procedural Failings

There can be a number of errors, shortcomings or failings in terms of the procedure surrounding your summary suspension that could be a grounds for rescission of your suspension. For instance:

  • No hearing, no summary suspension. You are entitled to a hearing on your summary suspension within 30 days of your rescission petition filing. If your hearing is not conducted within the 30 days, your hearing has not been timely provided to you, and thus the suspension cannot stand and must be rescinded.
  • When requests to admit and requests to produce go unfulfilled. The state prosecutes you in a criminal DUI case, and that means that the state is required to participate with you by answering any requests you might put forth, such as a request to admit or a request to produce evidence during discovery. When the state does not cooperate, it is a grounds for rescission of your summary suspension.
  • Pleadings are deficient.  Pleadings are required to contain certain elements, and must comply with certain legal requirements. When pleadings are incomplete, improper, or inconsistent with logic or chronology, they may be deficient, which warrants rescission of your summary suspension.

Violations of Your Rights

Rescission of summary suspension can be warranted if your rights were violated or denied. For example:

  • Service of the notice of summary suspension is improper. You are entitled to service of the notice of your summary suspension, and if service is not proper you are being denied of your rights. This is a grounds for rescission.
  • Denied your choice of chemical test. In Illinois, individuals are not provided the right to choose what kind of chemical testing they will be subjected to after being arrested for a DUI, but if the arresting officer offers you a choice, and then later denies you the testing method you selected, it can be a grounds for rescinding your summary suspension.
  • Denied your right to an attorney. When facing criminal charges, you always have a right to consult with an attorney. Although you are not entitled to an attorney prior to being arrested, if you are permitted by law enforcement to consult with a lawyer, and then law enforcement tries to have you submit to chemical testing, it can be grounds for rescission of your summary suspension.
  • Fourth Amendment violations. You are provided certain rights concerning search and seizure and a violation of those rights by law enforcement officials is a grounds for a suspension to be rescinded.

Reach Out to Us Today for Help

There are many reasons why your summary suspension for a DUI can be rescinded, and an experienced DUI criminal defense attorney who is familiar with Illinois case law will be able to identify any potential reasons why your summary suspension should be rescinded. Please contact a reputable Rolling Meadows DUI attorney immediately by calling (847) 394-3200. We are happy to assist you today.

 

Source:

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

Field Sobriety Testing in Illinois

December 23rd, 2015 at 4:54 pm

Illinois defense attorney, Illinois dui lawyer, Illinois criminal lawyer, Law enforcement in Illinois takes driving under the influence of alcohol very seriously. Police regularly conduct DUI checkpoints, and pull over drivers who are suspected of operating a vehicle while under the influence. Before making an arrest, officers generally will ask a suspected drunk driver to participate in field sobriety testing, in accordance with 625 ILCS 5/11-501.2(a-5).

What Are the Standard Field Sobriety Tests in Illinois?

Many people have heard of field sobriety tests, but are not clear on what these tests are or what they entail until they are faced with them while pulled over on the side of the road. The standard field sobriety tests (FST) were developed by the National Highway Traffic Safety Administration (NHTSA) and consist of three tests designed to present indicators of intoxication of an individual. The tests include:

  • The One Leg Stand. Under this test, a suspect is required to stand on one leg, raising one foot off the ground six inches and must maintain his or her balance for a full 30 seconds;
  • The Walk-and-Turn. A suspect is instructed to execute the test according to the officer’s instructions exactly. The instructions require the suspect to walk nine steps forward in a heel-to-toe fashion in a straight line, turn around on one leg, and walk nine steps backwards; and
  • The Horizontal Gaze Nystagmus. When a person is under the influence of alcohol, they may exhibit involuntary jerky eye movements, or the inability to smoothly visually track an object.

These tests assess physiological responses to alcohol, such as slow movement, poor sense of balance and poor memory function, to determine whether a driver might be intoxicated.

How Accurate Are These Tests?

One might wonder how accurate FSTs can be when people have medical conditions, are panicked by being pulled over by law enforcement, or have other legitimate reasons for not being able to perform the FSTs perfectly. Research conducted for the NHTSA on just how accurate these tests are at determining whether a suspect is under the influence reveals that:

  • The one leg stand test is accurate about 83 percent of the time;
  • The walk-and-turn test is only accurate 79 percent of the time; and
  • The horizontal gaze nystagmus test is accurate 88 percent of the time.

Field sobriety tests are voluntary, and you can refuse to participate in them. While there are consequences of not submitting to FSTs, it can be helpful if you are later charged since you will not have those tests as evidence against you. Failing one of these tests often gives the officer probable cause to make an arrest.

Let Our Attorneys Help You

Being arrested for a DUI is serious business. If you are facing DUI charges, you refused to submit to field sobriety testing, or you refused to submit to a breathalyzer or some other chemical testing to determine your blood alcohol concentration, you will need to consult with an experienced DUI criminal defense attorney. Your lawyer can discuss what options are available to you. Please contact a dedicated Rolling Meadows DUI attorney immediately at the Law Offices of Christopher M. Cosley. You can reach us at (847) 394-3200 today.

 

Source:

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

http://dwitrialprep.com/sfst_anacopa_1998.pdf

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

Drive Sober or Get Pulled Over Campaign in Full Swing in Illinois

October 5th, 2015 at 12:34 pm

Illinois dui attorney, Illinois defense lawyer, Illinois criminal attorney,As fall arrives, Illinois law enforcement, through the partnership efforts of the Illinois Department of Transportation and the National Highway Traffic Safety Administration, have been actively and aggressively implementing the Drive Sober or Get Pulled Over traffic safety campaign, a campaign designed to improve awareness and crack down on drunk and drugged driving on Illinois roadways, according to one report. The central theme of the Drive Sober or Get Pulled Over campaign is that drunk driving is preventable, and as such one of the main objectives of the campaign is to raise awareness of this fact.

During the time period between August 24th and Labor Day on September 7th, Illinois law enforcement was out in force, with more officers patrolling the roadways and exercising a zero tolerance policy when it comes to drunk or drugged drivers on the road. There was also an increase in the number of traffic safety checks and officers focused on issuing tickets for seat belt law violators without exception under the Click It or Ticket campaign.

Drunk Driving Is Illegal, and a Moment of Poor Judgement Can Be Trouble

Under 625 ILCS 5/11-501, a person is considered too intoxicated to operate a motor vehicle if their blood alcohol concentration is 0.08 percent or higher. Yet many Illinois drivers still drink and drive. There are a number of reasons for this:

  • Some people are normally prudent and safe drivers, but exercise momentary poor judgement during festivities;
  • Some people do not normally drink, but have a few alcoholic beverages during a celebration with friends, and it is too much for them and it impairs their driving more than they expected; and/or
  • Some people drive themselves to a party or barbecue, have a few drinks not realizing how intoxicated they are, and do not have a designated driver to take them home afterwards.

Many people who are pulled over and charged with a DUI are first-time offenders. They are normally great drivers, but have exercised poor judgment and got caught behind the wheel when they were too impaired to drive. Sometimes they were driving because they completely believed that they were sober enough to drive. Even if you are operating your vehicle in a safe and responsible way, if you get caught and your chemical test results show that you are over the legal limit, you will face DUI charges.

It is important to fight the DUI charges that are pending against you. A DUI conviction means that you will be facing time in court, jail time, hefty fines, loss of driver’s license, alcohol and drug educational classes, and a criminal record.

Call the Law Offices of Christopher M. Cosley

With Illinois law enforcement so aggressively looking for drunk drivers, there will be an increase in the number of people who are charged with DUI. If you are facing DUI charges, please contact a skilled Rolling Meadows DUI attorney immediately. Call the Law Offices of Christopher M. Cosley at (847) 394-3200 for a consultation on your case.

 

Sources:

http://patch.com/illinois/naperville/naperville-police-ramping-efforts-nab-drunk-drivers-0

http://www.buckleupillinois.org/default.html

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

The True Cost of a DUI

September 9th, 2015 at 9:01 pm

Illinois DUI lawyer, Illinois defense attorney, Illinois criminal lawyer,A driving while under the influence of drugs or alcohol charge in Illinois is serious business. Not only does a DUI conviction carry serious penalties, it also carries hefty financial consequences. The consequences for a DUI conviction are laid out in 625 ILCS 5/11-501(c)(1)-(5), which include jail time, fines and mandatory community service. There is also the unfortunate chance that getting a DUI conviction will result in the development of a poor reputation amongst peers and colleagues.

The total true cost for a DUI depends on a lot of factors, such as whether the DUI is a first-time offense, whether there was any property damage as a result of the DUI (as would be the case of a drunk driving collision), whether anyone was hurt as a result of the DUI, and how intoxicated the driver is at the time of the DUI.

Money Considerations

A DUI is an immensely expensive and the costs add up quickly. For instance, you will have to pay:

  • The DUI fines, which at the minimum comes to $1,500;
  • Court costs;
  • For mandatory remedial substance abuse educational classes, and the corresponding counseling fees;
  • For any alcohol and drug screening;
  • To get your vehicle out of impound, if applicable;
  • The cost of posting bail, if applicable;
  • Fees to get your driver’s license reinstated, which include a restoration fee, a fee for a new driver’s license, and a hearing fee;
  • Insurance premiums after a DUI conviction; and
  • Installation of an ignition interlock device, and the monthly rental rate for the device, in addition to maintenance and regular calibration costs.

The Cost of Lost Opportunities

In addition to the out-of-pocket costs associated with a DUI, there will also be the cost of lost opportunities. For instance, you might experience:

  • Job loss. People who have a job that requires them to drive as part of their job functions often lose their job after a DUI conviction;
  • Loss of future employment opportunities. A DUI on your record in Illinois is permanent, and having this type of conviction on your criminal record might make it impossible for you to get certain types of work in the future;
  • Unpaid time off from work/missed school. You will most likely miss time at work or school due to the mandatory classes, court appearances, jail time, and community service obligations associated with a DUI conviction; and
  • Loss of driver’s license. A DUI conviction will cost you your driver’s license for a period of up to one year. This means that you will have to rely on others and public transportation in order to get around.

Call The Law Offices of Christopher M. Cosley

If you have been charged with a DUI in Illinois, it is important that you fight the charges that are pending against you. Feel free to contact an experienced Rolling Meadows criminal lawyer immediately. Contact the Law Offices of Christopher M. Cosley for a consultation on your case.

 

Source:

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

Illinois May Ditch the Hard Suspension of Licenses after a DUI Arrest

March 23rd, 2015 at 6:53 pm

Illinois criminal defense attorney, Illinois defense lawyer, criminal penalties, Driving under the influence, or “DUI” is a criminal charge that carries with it a host of possible consequences. People who have been injured by intoxicated drivers or who have lost family members in car accidents often advocate for extremely harsh punishment for people caught driving under the influence. Surprisingly, however, even many of these advocates are on board with getting rid of the “hard time” 30-day suspension of the person’s driver’s license that accompanies a DUI arrest in Illinois.

What is a Hard Suspension?

A hard suspension of a person’s driver’s license is a suspension with no exceptions. During a hard suspension a driver is not allowed to drive at all. This is opposed to a suspension where the driver is only allowed to drive under certain circumstances, such as being required to use an ignition interlock device. These are the devices that can be installed in cars that require the driver to blow into them to prove they are not intoxicated in order to operate the vehicle. Hard suspensions prevent drivers from driving to work, taking their children to school, going to alcohol treatment, or fulfilling any of a whole variety of basic life functions. While people who live in certain parts of Chicago may have reliable enough public transportation to do all of these things without driving, those living in the suburbs or in rural parts of the state can lose jobs and support networks. If the goal is to prevent future alcohol abuse and encourage treatment, hard suspensions work against that goal. Yet under current Illinois law, there is a mandatory 30-day hard suspension that follows a DUI arrest.

Movement to Eliminate the Automatic Hard Suspension

The Chicago Tribune reports that the Illinois State Bar Association has proposed ending the mandate that people arrested for DUI completely lose their driver’s licenses for at least 30 days, and Mothers Against Drunk Driving (MADD) is supporting the move; as is a local group called “Alliance Against Intoxicated Motorists.” What is the catch? Drivers would be able to get out of the 30-day suspension if they agreed to use an ignition interlock device whenever they drove during the suspension period. This would allow them to go to work, treatment, and other places they need to be while still keeping the community safe. It would also encourage the use of the ignition interlock device, preventing the drivers from drinking and driving on a suspended license. Both the drivers and the community win.

Call the Law Offices of Christopher M. Cosley

If you have been cited for driving under the influence, you need an experienced Rolling Meadows DUI attorney. That is why you should call the Law Offices of Christopher M. Cosley. We handle these unique cases regularly and can provide you with the representation you deserve. Reach out to us at (847)394-3200.

Chicago Suburbs Lead in DUI Arrests

September 2nd, 2014 at 7:11 am

DUI, breathalyzer tests, Chicago criminal defense attorney, driving under the influence, Although it may seem like more people recently are being arrested for driving under the influence (DUI), it should still be considered a serious offense that deserves the proper attention. Depending on the circumstances, an individual convicted of a DUI can face a substantial prison term, in addition to subsequent supervision and related costs and fines. Considering these potentially harsh penalties, it is advisable to consult with an attorney who is experienced in handling various types of DUI matters for those who are charged with the offense.

DUI Penalties

The sentencing guidelines for DUI offenses increase in severity depending on the circumstances surrounding the offense. The penalties are more severe for those convicted of multiple DUIs in the past than they are for a defendant who has been charged for the first time. Still, even those convicted of DUI for the first time can face a maximum of one year of incarceration and an additional six months if a child was in the car while the offender was operating it. Other factors, such as an accident, or the injury or death of another as the result of the DUI, would enhance sentencing structures, as well as lead to additional criminal charges.

 Popularity of DUI

According to a news article recently published, four suburbs just west of Chicago are in the top ten Illinois communities for most DUI arrests in 2013. It found the community of Rockford was first, with a total of 556 DUI arrests last year. The suburb of Naperville was a close second, with 553 arrests for DUI, which was actually a four percent decrease from the 576 that occurred in Naperville in 2012.  The remainder of the suburbs were Carol Stream, which was number five on the list with 392 arrests, Elmhurst ranked sixth with 300, and Aurora, with a total of 256 individuals arrested for DUI, came in tenth place across the state.

The Alliance Against Intoxicated Motorists completed the survey and compiled the data related to Illinois’ DUI arrests, which it does annually. The purpose of the survey, in part, is to determine how many DUI-related arrests are made by law enforcement in the state of Illinois and to recognize the police departments and officers who are the most productive in combating drinking and driving. Almost 700 police agencies were surveyed, and about 84 percent of those responded. Other suburbs were notably ranked in the top 25 for DUI arrests, including Wheaton and Lombard.

Criminal Defense Attorney

DUI cases call for expert guidance from an experienced Illinois defense attorney. If you or someone you know has been charged with a DUI in the Chicago area of Illinois, contact the Law Offices of Christopher M. Cosley today for a consultation to discuss your matter. We have experience representing clients in Cook County and the surrounding area.

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