Search
Facebook Twitter Our Blog
The Law Offices of Christopher M. Cosley
24 HOUR ANSWERING | 847-394-3200
SERVICE

1855 Rohlwing Road, Suite D, Rolling Meadows, IL 60008

24 HOUR ANSWERING SERVICE

Archive for the ‘Illinois DUI laws’ tag

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

Back to Top Back to Top Back to Top