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Orland Park criminal defense attorney, DUI charge, field sobriety testWhen an Illinois police officer suspects you of DUI, you may be asked to take one or more field sobriety tests. By law you do not have to agree to such tests. Moreover, if you take a test and “fail,” based on the officer's judgment, it may be used against you as evidence in court.

Court Rejects Peoria Officer's Arrest Based on HGN Test

However, not all field sobriety tests are afforded the same weight by judges. Nor does failure necessarily prove that you were intoxicated above the legal limit in Illinois. Therefore, it is important to challenge any test result that may be inaccurate or improperly administered by the police.

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Orland Park criminal defense attorney, DUI, marijuanaWhen it comes to DUI, there is a critical difference between alcohol and illegal drugs such as marijuana. You probably know that drunk driving is only a criminal offense if your blood alcohol concentration is 0.08 percent or higher. This means that most people can have one or two beers in their system and not worry about legal liability.

However, when it comes to illegal drugs, Illinois law states that “any amount” in a person's system is unacceptable. In other words, if police find any amount of THC—the active ingredient in marijuana and cannabis products—in your system, you are guilty of DUI even if there is no evidence that you were impaired. Additionally, if you are arrested for a DUI where someone else is seriously injured, you can be charged with an “aggravated” DUI which carries stiffer criminal penalties.

Illinois Supreme Court Rejects “Medical Condition” Defense in Aggravated DUI Case

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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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