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Archive for the ‘Illinois DUI laws’ 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

What Happens if I Am Caught Driving with a Suspended License?

December 4th, 2019 at 8:50 am

IL defense attorney, IL traffic violations lawyerThere are many reasons a person may have their license suspended, or even revoked, in Illinois. A DUI conviction will certainly strip someone of their license, even for a first offense. Sometimes a lesser offense, such as failing to pay traffic tickets, is enough to have a license suspended. Whatever the reason for it, many people mistakenly believe that driving on a license that has been suspended or revoked does not come with serious consequences. They believe that if they are caught, it will be like any other minor traffic offense, and the most they will face is a fine. That is wrong.

Driving on a suspended or revoked license is a serious offense. Depending on the circumstances, you could even face jail time for it.

Penalties for Driving with a Suspended License

There are many penalties associated with driving on a suspended license. The offense is outlined in the Illinois Vehicle Code, Section 6-303. Under this statute, the offense is considered a Class A misdemeanor and could result in a maximum of 364 days in jail and a maximum fine of $2,500. Individuals convicted also have to pay mandatory court costs.

In some situations, the offense could even be considered a felony, such as when the license was suspended after a DUI conviction. In these cases, driving on a suspended license has penalties of up to ten days in jail, or 240 hours of community service, which is approximately 30 days.

If you are charged with a second violation of driving with a license that was suspended or revoked after a DUI conviction, the offense is upgraded to a Class 4 felony. The mandatory minimum penalty for this conviction is at least 30 days in jail or 300 hours of community service. However, the court has the ability to sentence you to one to three years in jail and a maximum fine of $25,000.

Driver’s License Suspensions

After being found guilty of the offense of driving with a suspended license, you will also face additional suspensions. The Secretary of State will extend your suspension for the same amount of time the original suspension dictated. If you are convicted of driving with a license that has been revoked, you will have to wait at least one year from the date of your conviction before your license is reinstated. Although there are no guarantees that you will get your license back after this time, one year is the minimum amount of time you will have to wait.

Convicted of Driving on a Suspended License? Call Our Illinois Criminal Defense Attorney

Being charged with driving with a suspended license is a serious offense. However, facing charges is not the same thing as being convicted. While the situation may seem hopeless, there are many defenses to driving on a suspended or revoked license. At the Law Offices of Christopher M. Cosley, our skilled Rolling Meadows criminal defense lawyer knows what they are. If you are facing charges, call us today at 847-394-3200 to set up a free consultation so we can start discussing your case.

Source:

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

 

Fighting a Third or Fourth DUI Charge

October 18th, 2018 at 11:00 am

IL DUI attorney, IL drunk driving lawyerOne-third of drivers arrested for drunk driving are repeat offenders, according to Mothers Against Drunk Driving (MADD). National Highway Traffic Safety Administration (NHTSA) data revealed that for some states, 47 percent of DUI offenders are repeat offenders. Ultimately, if you have already been convicted of one DUI, there a high chance that you will be charged with another. Moreover, after a second DUI conviction in Illinois, the penalties become much higher.

Aggravated DUI

An aggravated DUI is a serious offense — one that results in mandatory imprisonment or community service terms not being eligible for suspension or reduction. Additionally, aggravated DUI charges result in a minimum of 480 hours of community service or 10 days of imprisonment for those out on probation or conditional discharge. Aggravated DUI is charged when the offender was driving under the influence:

  • In a school zone, while the school speed was in effect, and caused a crash resulting in bodily harm;
  • While driving a school bus with one or more minors as occupants;
  • And caused a serious bodily harm;
  • And caused a death;
  • Without vehicle liability insurance; and
  • In many other circumstances.

Additionally, aggravated DUI is charged whenever the offender has already had two DUI convictions, according to the Illinois Secretary of State.

Third DUI Conviction

  • Class 2 felony (three to seven years imprisonment);
  • License revocation for 10 years minimum; and
  • Vehicle registration suspension.

If the offender’s BAC was 0.16 or greater, the penalties include:

  • Mandatory 90-day  imprisonment; and
  • Mandatory minimum fine of $2,500.

If the offender committed the DUI while transporting a child under 16 years old, the penalties include:

  • Mandatory fine of $25,000; and
  • Mandatory 25 days of community service in a child-benefiting program.

Fourth DUI

  • Class 2 felony;
  • License revocation for life; and
  • Vehicle registration suspension.

If the offender’s BAC was 0.16 or greater, the penalties include:

  • Mandatory minimum fine of $5,000.

If the offender committed the DUI while transporting a child under 16 years old, the penalties include:

  • Mandatory fine of $25,000; and
  • Mandatory 25 days of community service in a child-benefiting program.

Fifth DUI Conviction

  • Class 1 felony (four to 15 years imprisonment);
  • License revocation for life; and
  • Vehicle registration suspension.

If the offender’s BAC was 0.16 or greater, the penalties include:

  • Mandatory minimum fine of $5,000.

If the offender committed the DUI while transporting a child under 16 years old, the penalties include:

  • Mandatory fine of $25,000; and
  • Mandatory 25 days of community service in a child-benefiting program.

Sixth or Subsequent DUI Conviction

  • Class X felony (six to 30 years imprisonment);
  • License revocation for life; and
  • Vehicle registration suspension.

If the offender’s BAC was 0.16 or greater, the penalties include:

  • Mandatory minimum fine of $5,000.

If the offender committed the DUI while transporting a child under 16 years old, the penalties include:

  • Mandatory fine of $25,000; and
  • Mandatory 25 days of community service in a child-benefiting program.

Call a Rolling Meadows Criminal Defense Attorney Today

It is vital to work with an experienced Rolling Meadows felony DUI attorney if you have been charged with a third or subsequent DUI offense. Contact Christopher M. Cosley today at 847-394-3200.

 

Sources:

https://one.nhtsa.gov/people/outreach/traftech/1995/tt085.htm

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

https://www.madd.org/statistics/

My Child Was in the Car During a DUI Arrest. Now What?

July 16th, 2018 at 6:54 am

adult DUI, child endangerment, DUI arrest, Illinois DUI laws, Rolling Meadows criminal defense attorneyFor most parents, their children’s safety is a top priority in their life. Even with the best of intentions, parents can make mistakes that put their own safety and their children’s at risk. For some Illinois parents, a child might face a greater risk of injury because of an adult driving under the influence of alcohol or drugs. When this happens, a parent might have more to worry about than a pending driving under the influence (DUI) charge. There can be greater consequences for a DUI charge when there is a minor child present in the vehicle.

DUI Law in Illinois

In Illinois, a driver can be charged with a DUI if they are operating a motor vehicle with a blood alcohol concentration of .08 or more. A DUI charge brings the risk of potential jail time, fines, court costs, probation, or even court-mandated alcohol treatment. When a driver is charged with a DUI when their child is in the car, child endangerment laws also come into consideration. In Illinois, child endangerment results any time that a minor’s welfare is put in harm’s way because of the reckless behavior of a parent or guardian. In the most extreme cases involving child endangerment, a parent or guardian could even have his or her parental rights terminated because of the endangerment.

All states try to look out for the best interests of minor children. As such, each state has its own laws pertaining to DUIs and minor children. In Illinois, a driver who is charged with a DUI with a minor child present will be charged with a DUI and child endangerment. In the event that a defendant is not charged with child endangerment right away, the state’s attorney reserves the right to add the charge against the defendant after further review.

For the purpose of DUI laws and minor children, in Illinois a minor child is someone that is under the age of 16. While 16 is not traditionally the age in which a child is no longer considered a minor, Illinois courts and legislators have determined that a 16-year-old has the ability to think freely and therefore not get in the vehicle with an intoxicated adult. Additionally, the more offenses a defendant has in his or her history, the harsher the punishment will be.

We Can Help You Today

If you have been charged with a DUI and your child was present resulting in an additional child endangerment charge, you need a dedicated and skilled attorney. A skilled Rolling Meadows criminal defense attorney at the Law Offices of Christopher M. Cosley is here to help you. Don’t let one mistake ruin your life, or your child’s life. Contact us today for a consultation.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt.+12C&ActID=1876&ChapterID=53&SeqStart=32050000&SeqEnd=32750000

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

DUI and Driverless Cars

May 17th, 2017 at 7:27 am

driverless cars, Rolling Meadows DUI Defense AttorneyWith technology becoming more of an integral part in our vehicles, the prospect of having our roadways dominated by self-driving cars is inching closer to reality. It is not hard to identify the perks of driverless cars. Fewer accidents and less road rage incidents are what some autonomous car designers are pointing to with their investors.

One major issue developers are hoping for is that driverless cars will help solve, if not eradicate, the issue of drunk driving. In theory, one would be able get into his or her self-driving car, push some buttons, and have his or her car deliver the individual safely to his or her destination.

Yet one of the looming questions about whether a person in a driverless car is operating the vehicle for the purposes of a DUI law is the question of who is actually in control.

Autopilot or No Pilot?

One of the first instances of a fatal car accident involving a driverless car was the case where a man was killed inside of an autonomous Tesla. The individual had the car on autopilot when the accident happened. Tesla pointed to the fact that even though the car was in autopilot mode, the driver was still required to have his or her hands on the steering wheel and was responsible for the trajectory of the car.

The legal question then becomes, when a car is on autopilot who is controlling the car? Is the liability and or responsibility that of the manufacturer of the software or the driver who gave the car the directions of where to go?

DUI Law and Physical Control

DUI laws across the nation generally have one factor in common: laws require a person to be in actual physical control of a vehicle for him or her to be guilty of a DUI. This can present a legal paradox. Currently, if a police officer sees a car swerving erratically, there is little question with regard to who is in control of the car. Yet how will the same play out when a driver insists a car was driving itself?

Although autonomous vehicles are still a relatively new design, with little legal precedent set as of yet, it is not likely that the “car was doing the driving,” excuse is going to get you out of hot water.

Rolling Meadows DUI Defense

If you or a loved one has been charged with a DUI, please understand the seriousness of the charge. A DUI conviction can land you in jail, get your license suspended, or prevent you from getting certain professional licenses. Contact your Rolling Meadows DUI defense attorney at the Law Offices of Christopher M. Cosley to schedule your consultation. Call 847-394-3200 today.

Sources:

https://www.nytimes.com/2016/07/02/business/joshua-brown-technology-enthusiast-tested-the-limits-of-his-tesla.html

https://www.isp.state.il.us/traffic/drnkdriving.cfm

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