Blog
14496 John Humphrey Drive, Orland Park, IL 60462
Search
Fotopoulos Law Office

CALL TODAY FOR A FREE CONSULTATION

Orland Park Office708-942-8400

Joliet Office815-373-5100

Facebook Twitter Linkedin
Subscribe to this list via RSS Blog posts tagged in DUI defense

Posted on in DUI Defense

Defending Against DUI Charges in IllinoisWhen it comes to criminal laws and punishments, each state creates its own. When it comes to driving under the influence, the legal BAC limit for almost all states is 0.08 (Utah recently lowered its limit to 0.05), but the consequences of breaking that law differ greatly between states. Some states, like South Dakota, have no minimum jail sentence or fines for first or second-time DUI offenders. Illinois has some of the strictest DUI laws in the country, with a first offense resulting in an administrative driver’s license suspension, fines and possible jail time.  

Defense Strategies

Being accused of driving while under the influence of drugs or alcohol is a very serious matter. Even if you are not convicted, you can face a driver’s license suspension and the arrest may appear on your criminal record during a background search. It is crucial that you have help from an experienced DUI defense attorney if you are facing DUI charges. Your attorney will be able to examine your situation and determine what the best defense strategy would be for your case. Common defenses to DUI charges include:

  • You Were Not Read Your Miranda Rights: Since the Miranda v. Arizona decision in the U.S. Supreme Court, every American citizen must be read their constitutional rights before they are questioned by police. These rights include your right to remain silent and your right to not speak until you have talked to an attorney. If you did not have your rights read to you before you answered questions or your rights were not completely read, your attorney can use this as a defense to bar evidence from after your arrest. 
  • You Were Unlawfully Pulled Over: Police cannot just pull you over for no reason – they have to have what is called “reasonable suspicion,” which means they must have a legitimate reason to believe that you have done or are doing something illegal.
  • Your Chemical BAC Test Was Inaccurate: Nothing is perfect, not even chemical BAC tests. During traffic stops, portable breathalyzer tests are often used to establish a suspect's BAC. Medical conditions like acid reflux or diabetes, as well as improperly maintained equipment, can produce inaccurate results.

Hire a Will County DUI Defense Lawyer to Help With Your Case

If you have been arrested for driving while under the influence of drugs or alcohol, you should immediately contact a knowledgeable Joliet, IL, DUI defense attorney. At the Law Office of John S. Fotopoulos, P.C., we understand how a DUI conviction can affect your life. We will do everything in our power to avoid a conviction. Call our office today at 708-942-8400 to schedule a free consultation.

...

Can I Refuse to Take a Chemical Test If I Am Pulled Over for DUI in Illinois?One of the most serious laws you can break when you are behind the wheel of a car is driving while you are under the influence of drugs or alcohol. If a police officer spots you while you are driving and thinks that you may be under the influence, he or she will immediately pull you over. Before the officer even walks to your vehicle, they will be assessing you and your behavior to determine whether or not you are intoxicated. They may ask you to step out of the vehicle to perform field sobriety tests. If you do not do well with them, they may request that you blow into a Breathalyzer so they can determine your blood-alcohol content (BAC) or they may arrest you and request that you complete chemical testing at the police station. Can you refuse to take that chemical test?

Implied Consent Laws

Illinois law states that any person with a state driver's license who is in actual physical control of a motor vehicle is deemed to have given their consent to have their blood, breath or other bodily substance tested to determine their BAC or whether or not there are any drugs or intoxicating compounds in their system. You do not even have to be conscious to have a chemical test performed on you because you are deemed to have already given your consent. Illinois law states that a person who is dead, unconscious or otherwise unable to refuse to perform a chemical test is not deemed to have revoked his or her consent.

Consequences for a Refusal

Can you refuse a chemical test, despite the implied consent law? The answer to the question is yes – technically. You have the right to refuse a chemical test, but you will face negative consequences for doing so. In Illinois, the first time you refuse to take a chemical test will result in your driving privileges being suspended for 12 months, though you will be eligible to apply for a monitoring device driving permit. You will face a suspension of your driving privileges for three years for the second or subsequent time you refuse to take a chemical test within five years of your first offense.

...

Cook County DUI defense lawyer underage drinking and drivingWhen examining traffic offenses or crimes that can be committed while driving, a DUI is one of the most serious charges one can face. The state of Illinois has cracked down on drunk driving in recent years for both underage drivers and adult drivers. Underage DUI is a very serious crime in Illinois. Not only is an offender violating DUI laws, but they are also violating the minimum drinking age laws. Having a teenage child who gets caught drinking and driving can be a nerve-wracking experience, but understanding the laws and the consequences for breaking them can help ease some of the uncertainty.

Zero Tolerance Laws

In an effort to reduce the number of teenagers who drink and drive, Illinois has adopted zero tolerance laws for drivers under the age of 21. Under these laws, any blood alcohol content (BAC) over .00 will result in charges. A first-time offender will lose their driving privileges for three months for any BAC that is over .00. They will lose their driving privileges for six months if they refuse to take a chemical test.

A second-time offender can expect to face much more serious consequences if he or she is caught drinking and driving while under the age of 21. A second offense under the zero tolerance laws will result in the loss of driving privileges for one year for a BAC over .00 or a loss of driving privileges for two years for refusing to take a chemical test.

...

Orland Park DUI defense lawyerPolice officers are tasked with protecting our communities. However, as with any person of authority, laws exist to direct how and when police officers can use their power. One of these constraints involves the concept of “probable cause.” In order to pull over a motorist, a police officer must have a good reason for doing so. If you are facing charges for driving under the influence (DUI), and the officer who arrested you did not have probable cause to pull you over, your case may be dismissed.

Reasonable Suspicion of a Crime

To legally pull someone over, a police officer must have a reasonable suspicion that the person has broken the law or soon will. The term “reasonable” in this context means that most officers of average training and experience would conclude that illegal activity has occurred or is about to occur. In order for a DUI arrest to be legally warranted, it must be reinforced by probable cause. Put another way, there must be some type of evidence that justifies the belief that the driver was intoxicated.

Some of the common reasons police officers pull over motorists and make DUI arrests include:

...

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.

...
National Rifle Association Illinois State Bar Association Chicago Bar Association Illinois Trial Lawyers Association Cook County Bar Association National Academy of Personal Injury Attorneys The John Marshall Law School Hellenic Bar Association Will County Bar Association National Association of Criminal Defense Lawyers
To Top