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Orland Park DUI defense attorney, Illinois police, drug userDUI does not just refer to drunk driving. It is against Illinois law to operate a motor vehicle under the influence of any drug, legal or illegal. However, police must have reasonable grounds to believe that you are actually under the influence of drugs.

Officer Lacked “Probable Cause” Based on Questionable Drug Test

This can be a problem when an officer lacks appropriate training and simply jumps to the conclusion that a driver was using drugs without adequate proof. Given that a drug arrest can not only lead to a criminal charge, but also carries a “civil penalty” in the form of an automatic driver's license suspension, such mistakes can be devastating to innocent individuals.

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Orland Park DUI defense attorney, DUI arrestDrunk driving in Illinois carries both civil and criminal penalties. On the criminal side, a person convicted of a first DUI offense faces up to one year in jail and a $2,500 fine. Separately, the Illinois Secretary of State's office can “summarily” suspend the license of any driver who either fails a blood-alcohol test or refuses to take one at a police officer's request.

A summary suspension is a civil matter. This means the Secretary can suspend your driver's license even if you are never charged or convicted of a criminal DUI offense. Additionally, while you can challenge a civil summary suspension in court, the state's burden of proof is much lighter than in a criminal prosecution.

License Suspension Upheld Despite Police Losing Evidence

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Orland Park criminal defense attorney, DUI chargeNormally an Illinois police officer must have probable cause to stop you on suspicion of a DUI. The Fourth Amendment to the U.S. Constitution protects all individuals against “unreasonable” seizures by the police. However, what if an officer stops to speak with you for another reason and subsequently discovers evidence that suggests drunk driving?

Court Reinstated Driver's License Suspension

The Fourth Amendment does not apply to “consensual encounters” with the police. In other words, if you speak to the police voluntarily, and not under coercion or detention, you cannot later invoke the Fourth Amendment to claim any evidence obtained against you was an illegal search. Of course, it may not be obvious to you at the time that an encounter was “consensual.” Consider the following case in point. 

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Orland Park criminal defense attorney, prescription drugsAlthough DUI is usually associated with drunk driving, Illinois law actually prohibits operating a motor vehicle while under the influence of any drug or controlled substance. This can even include a legal prescription drug. To avoid a DUI conviction, a defendant must prove not only that he or she had a valid prescription, but he or she also used the drug in a manner that did not prevent him or her from driving safely.

Driver Must Prove Xanax Did Not Impair His Driving

In a recent Illinois case, police arrested a man for DUI after blood and urine tests revealed the presence of alprazolam in his system. Alprazolam, better known as Xanax, is a prescription drug used to treat anxiety disorders. The defendant held a lawful prescription for Xanax, with instructions to take two pills per day.

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breathalyzer tests in Illinois, Orland Park DUI lawyerBeing pulled over, no matter the reason, is always an unnerving experience. If you are pulled over under the suspicion of driving under the influence (DUI), it is possibly one of the most serious crimes a driver can face when it comes to breaking the law behind the wheel. The crime is severe, and the consequences can be tragic, especially when the offense could have been prevented entirely by taking a cab home or calling for help.

You must make a choice.

If you are an Illinois driver who has been pulled over due to suspicion of operating under the influence, one of the first things you can expect to face upon arrest is a breathalyzer test. Although you are confronted by law enforcement to submit to this test, it is up to you to refuse or submit. You have the right to make a choice. It is important to note, however, that many criminal defense attorneys encourage their clients to refuse to submit to the test, due to one major advantage: By refusing, you are preventing yourself from potentially failing it, which can ultimately help you in a court of law. It is important to consult with a qualified attorney if you refuse a breathalyzer test.

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