Drunk Driving Defense Attorney in Homer Glen, IL Protecting Your Rights
Driving under the influence (DUI) is taken very seriously in Illinois. Drivers who are arrested on suspicion of intoxicated driving and charged with DUI can face severe consequences. If you are in this situation, it is crucial to understand your legal rights and your options for defense against a criminal conviction or the loss of your driver’s license. At Fotopoulos Law Office, our experienced attorney can provide essential legal guidance following an arrest and effective representation during your case. We will work to develop winning defense strategies that will help you resolve your case successfully and avoid long-term problems that could affect your driving privileges, your finances, your career, your family relationships, and your freedom.
When Can a Person Be Charged With DUI in Illinois?
DUI charges in Illinois can be based on several factors:
- Driving over the legal blood alcohol content limit: In Illinois, the legal limit for blood alcohol content (BAC) is 0.08% for drivers over the age of 21. For people operating commercial vehicles, the legal limit is 0.04%. For minors under the age of 21, the legal limit is 0.00%, and any amount of alcohol in a person’s system may lead to DUI charges. A person who operates a vehicle while they have a BAC that exceeds the legal limit can be charged with DUI.
- Driving under the influence of marijuana: With the legalization of recreational marijuana in Illinois and the continued use of medical cannabis by people throughout the state, people may be at risk of DUI charges after using this drug. Illinois law has specified a legal limit for THC in a person’s system, and DUI charges may apply if tests show that a person had more than five nanograms of THC in a milliliter of blood or 10 nanograms in a milliliter of another bodily fluid, such as saliva.
- Driving while impaired by drugs or other substances: The use of prescription medications, over-the-counter drugs, and illegal controlled substances can lead to DUI charges. Generally, driving with any amount of a controlled substance in a person’s system is considered to be DUI. A person may also face DUI charges if their ability to drive has been impaired due to a combination of substances, such as alcohol and cold or flu medicines.
Issues Affecting DUI Cases
There are a variety of critical factors can influence the outcome of a DUI case, including:
- Reasons for the traffic stop: People will typically be arrested for DUI after they are pulled over by a police officer. However, the initial traffic stop that leads to a DUI charge must be legally justified. An officer needs to have reasonable suspicion to stop a vehicle, such as a driver committing a traffic violation or driving erratically in a way that indicates that they may be intoxicated. If no valid reason for a traffic stop can be shown, it may be possible to argue that any evidence gathered as a result of the stop is inadmissible.
- Field sobriety tests: During a traffic stop, a police officer will try to obtain information that will provide them with probable cause to perform an arrest. To gauge whether a driver may be under the influence of alcohol or drugs, the officer may ask them to exit their vehicle and perform sobriety tests. However, it may be possible to challenge the conditions under which these tests were conducted or the qualifications of the officer administering the tests.
- Chemical tests: Breath, blood, or urine tests may be performed after a driver is arrested for DUI and taken to a police station. However, these tests must be performed correctly to be valid. An attorney may be able to question the administration of these tests, the maintenance of testing equipment, or the handling of the samples.
- Previous DUI convictions: A first-time DUI can be serious enough, and a person who is convicted will face a potential prison sentence of up to one year, fines of up to $2,500, and a one-year driver’s license revocation. Penalties become more serious for a repeat DUI, and a third or subsequent DUI will result in felony charges.
- Aggravating circumstances: Certain factors can elevate a DUI to a felony charge, such as having a minor in the vehicle or causing an accident that leads to someone’s injury or death. Understanding the aggravating factors that could lead to felony DUI charges can inform the defense strategies that may be used during a criminal case.
Contact Our Homer Glen, Illinois DUI Defense Attorney
At Fotopoulos Law Office, our experienced attorney can review the facts of your case, advise you on the best legal strategy, and represent you throughout the legal process as you defend against a conviction for driving under the influence. Reach out to our firm at 708-942-8400 to schedule your free consultation and get the legal help you need.
