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Archive for the ‘Illinois DUI law’ 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

Four Commonly Asked Questions About Illinois DUI Law

May 28th, 2018 at 6:00 am

DUI charges, DUI convictions, first DUI, Illinois DUI law, Rolling Meadows DUI defense attorneyBeing faced with a driving under the influence (DUI) charge in Illinois can be scary. You don’t know what to expect or what is going to happen. Ultimately, the best way to prepare is by understanding more about your charges. 

What is a DUI?

Pursuant to Illinois law, an individual who is operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08 or more can be charged with a DUI. A DUI is not limited to only driving with alcohol in one’s system. A person can be charged with a DUI if he or she is intoxicated by drugs, intoxicating compounds, or methamphetamine is in his or her system.

BAC refers to the ratio of alcohol to the blood in your system. A BAC of .08 makes it illegal in Illinois to operate a motor vehicle. However, this standard only applies to individual over the age of 21, the legal drinking age. A driver under the age of 21 must have a BAC of 0. Any amount over 0 and the individual may face a DUI charge.

Will I Go to Jail?

The punishment, or sentence received, after a finding of guilt, depends on how many DUI convictions a person has on his or her record. The sentencing for a DUI can be fines and court costs, probation, jail time, or a combination of the three.

Because driving under the influence is dangerous, Illinois imposes the potential for strict penalties. Even an individual who is being charged with his or her first DUI faces the potential for jail time. Of course, while there are strict penalties associated with a DUI, it is important to remember that you have the opportunity to present a defense in your case to reduce a sentence or even get a case dismissed.

Will My License Be Suspended?

An individual convicted of a DUI does risk license suspension or revocation. Drivers under the age of 21 who are driving with any amount of alcohol, or other impairing substance, will automatically lose their license. Illinois has a zero tolerance policy for minors drinking and driving.

It is not just drivers under the age of 21 who are at risk of losing their license; anyone who is charged with a DUI risks license suspension or revocation. A driver will automatically face suspension if he or she fails to submit to or complete chemical testing for the DUI. Additionally, conviction of a DUI carries the possible sentence of license suspension.

Do I Need a Lawyer?

Yes. There is no question that a lawyer can help make the process of a DUI charge easier. Dedicated Rolling Meadows DUI defense attorney Christopher M. Cosley is experienced in DUI defense and will present the best case possible under the circumstances. Our office combines years of experience with passion to defend clients. We know what defenses are applicable to your case to help you get you the best outcome possible. Reach out to us today for assistance.

Sources:

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

http://www.cyberdriveillinois.com/departments/drivers/losepriv.html

Illinois’ Marijuana DUI Law Not Changed by Legislators

July 18th, 2014 at 7:58 am

According to an article recently published, state legislators in Illinois will likely not address issues brought up by the inclusion of marijuana in the state’s DUI law until next year. Currently, the law allows law enforcement to charge drivers with a DUI who were driving under the drug’s influence, even when no evidence of impairment exists. Many are joining in an effort to change this portion of the DUI law in Illinois.

A Bill to Change the Law

A bill was drafted to address the issue and was sponsored by a Senator from Chicago. Although it was recently returned to the Senate committee, likely for the rest of the General Assembly’s current session, supporters are adamant that it will not be forgotten. The plan is to reintroduce the bill next session. Many supporters of the bill are saying the reason for the delay is due to the perception that the bill may be moving backwards in DUI enforcement. Because of this perception, it may take some time for the proposal to gain support.

The bill would seek to change the DUI law by not imposing a DUI charge if any amount of illegal drug is found in a person’s system, but instead imposing a separate criminal offense if the presence of a drug was detected in a person’s system. Many are supporting the bill, but acknowledge that it may require some minor changes to gain enough support to pass. One such change may be to focus the proposed change only on marijuana and not any other illegal drug.

Current Law

Under the relevant Illinois DUI law currently, a driver can be charged with driving under the influence of marijuana if any trace of the drug is detected in his or her blood or urine. The problem is that traces of marijuana can be found in a person’s system several weeks after they actually used the drug. The law does not require prosecutors to prove that a driver was impaired by the drug that he previously ingested, only that traces of the drug were found in his system at the time he was operating a vehicle.

This law is having profound and sometimes tragic outcomes for those charged with a DUI. Numerous defendants have been charged with aggravated DUI causing death under the marijuana portion of the DUI law, and have been sentenced to years in jail as a result.

DUI Defense Attorney

While the bill has not yet passed, many supporters are considering the simple discussion of the issue a positive step towards addressing it. If you or someone you know has been charged with a DUI in Illinois, it is important to contact an experienced criminal defense attorney. The lawyers at The Law Offices of Christopher M. Cosley have successfully represented clients in DUI cases. Contact our experienced Cook County criminal defense lawyers today for a consultation to discuss your case. We serve clients in Cook and DuPage Counties.

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