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Archive for the ‘repeat DUI offenders’ tag

When You Are Charged As A Repeat DUI Offender

August 18th, 2016 at 8:46 am

When You Are Charged As A Repeat DUI Offender, Rolling Meadows criminal defense attorneyBeing charged with a first DUI is bad enough, but being charged with a second, third or subsequent DUI can be worse. DUIs are serious matters, and anyone who has been charged with a DUI needs to seek the help of an experienced Illinois DUI lawyer immediately. The differences between facing DUI charges as a first time offender and facing DUI charges as a repeat offender are striking. Illinois law takes repeat DUI offenses very seriously. For instance:

  • When you are facing a third or subsequent DUI charge, you are facing a felony charge under 625 ILCS 5/11-501(d)(2)(B);
  • A second DUI conviction within 20 years of a first DUI conviction will result in driver’s license revocation for a period of five years; and
  • A third DUI conviction will result in driver’s license revocation for a period of 10 years.

When it comes to DUIs, the Illinois courts can look back into your driving history for prior DUI convictions; indeed, they can look back to when you first were granted driving privileges. This means that any prior DUI conviction in Illinois will be taken into consideration when determining your punishment for a second or subsequent DUI conviction.

Any number of aggravating factors can make things worse for you when you are facing a second or subsequent DUI. For instance, having a blood alcohol concentration twice the legal limit (the legal limit is 0.08 percent), driving while under the influence with a child under the age of 16 in the vehicle, or being involved in an accident that causes severe bodily harm or death to another can all exacerbate the penalties you may face if convicted. An experienced DUI defense lawyer understands what is at stake for you and will work diligently to get your charges dropped or reduced and will work hard to ensure that you receive fair treatment under the law.

Possible Defenses to DUI Charges

Any number of defenses could be raised against the DUI charges you are facing, but what defenses may be appropriate are determined on a case by case basis. Based on the specific facts and circumstances surrounding your DUI arrest, certain defenses may be available to you, while others may not. Some common defenses that are typically raised against DUI charges include:

  • The traffic stop was not a valid stop;
  • The breathalyzer device was not properly calibrated;
  • The field sobriety tests were not properly conducted;
  • Police failed to follow appropriate protocol concerning breathalyzer testing, field sobriety testing, the stop, or the arrest; or
  • Police violated your rights.

Reach Out to an Attorney for Help

It is possible to move past a DUI charge and get on with your life, but you will need the help of an experienced Illinois DUI criminal defense lawyer to protect your rights and freedom. Please do not wait unnecessarily to contact a passionate Rolling Meadows criminal defense attorney for assistance with your case.

Source:

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

Proposed Legislation to Ease Penalties for Drunk Drivers

June 19th, 2014 at 7:00 am

penalties, ease penalties, anti-drunk-driving groups, Chicago DUI lawyer, Christopher M. Cosley, drunk drivers, DUI laws, DUI offenses, DUI penalties, redemption bill, repeat DUI offendersAccording to an article recently published by the Chicago Tribune, one Illinois lawmaker is going against past trends of increasing penalties provided for by state law associated with driving under the influence (DUI) offenses. Instead, the representative is attempting to build support for a measure that would somewhat ease penalties faced by repeat DUI offenders.

Redemption Bill

The representative decided to sponsor what is known as the “redemption bill” after being confronted by an individual from her district. The man told his story, and the representative took a first hand look at his treatment, which proved to her that the man had turned his life around since his offense. Her measure would change the existing DUI laws in a limited way. The proposal would apply to those people found guilty of a fourth DUI offense who would have otherwise permanently lost their licenses and allow them a limited permit to only drive to and from work.

In addition, the proposal would carry various conditions. In order to get driving privileges restored, offenders would have to go through a five-year waiting period since their last conviction. Offenders would also have to successfully complete rehabilitation, pass three years worth of screenings, and request the permit from the Secretary of State. If approved for the permit, the offender would be required to equip his or her vehicle with a breath-testing device that would lock the steering wheel if attempted to operate while intoxicated.

Opposition

There are those who have voiced opposition to the measure. They argue that being charged with a fourth DUI indicates a serious problem, and allowing such a person to get behind the wheel poses a threat to society. Others, including anti-drunk-driving groups, are split on their support of the measure.

Although repeat DUI offenders pose a serious risk to the community, the ultimate goal is to rehabilitate offenders and the legislation gives them the opportunity to prove themselves. Some point out that a portion of repeat offenders do change and learn from their mistakes. The ones that are able to turn their lives around should not be punished for the rest of their lives for past mistakes.

Criminal Defense Attorney

It remains to be seen whether this measure will garner enough support to make it into law. However, old DUI penalties remain in effect while it is pending. The attorneys at the Law Offices of Christopher M. Cosley have experience representing many clients who have been charged with various levels of DUI offenses. Contact us today to schedule a consultation in our Rolling Meadows office. We have represented clients in Cook County and the surrounding area.

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