Tag Archives: DuPage County DUI Lawyer

Illiniois DUI Law

Illinois DUI Penalties

Illinois DUI Penalties

Illinois DUI Penalties – What are the penalties for a DUI offense in Illinois?

In Illinois, a DUI offense is either a misdemeanor or a felony depending upon the circumstances of the case.  In addition, the Court also considers your prior driving record. If the State charges your DUI as a misdemeanor, it is a Class A misdemeanor.  The potential sentence for a Class A misdemeanor is 365 days in jail, fine of up to $2,500, court costs and substance abuse treatment.

Penalty for First Illinois DUI

For a first offense, you can receive Court Supervision for up to two years without any jail time whether you plead guilty or go to trial. The prosecutor may be the village proscecutor or the States Attorney. If there are no aggravating circumstances in the case such as a high breathe test or accident involved, the prosecuting agency will most likely be the village prosecutor.

What is Court Supervision?

Court supervision is an alternative disposition available only to first-time offenders in Illinois. It allows a judge to dismiss the charges upon the successful completion of the terms of supervision.  Such terms often include attending a victim impact panel, alcohol treatment, and other conditions. There is a record you received supervision. However, the State of Illinois does does not revoke your driver’s license because supervision is not a conviction under Illinois law.

Illinois DUI law is complex.  Therefore, contact DuPage DUI lawyer Marilyn A. Miller today for a DUI consultation.

Illiniois DUI Law

DuPage County DUI Lawyer – Defenses to DUI in Illinois

DuPage County DUI lawyer Marilyn Miller wants you to know how to fight Illinois DUI charges.   Below is list of possible DUI defenses and issues a good DUI lawyer should consider:

1. Did the police have reasonable suspicion / the legal right to pull you over?

2. Was there probable cause to make a DUI arrest?

3. Did the police need consent to search your vehicle?  Did the police have consent to search your vehicle?

4. Was the breathalyzer or intoxilyzer working properly?

5. Were the field sobriety tests and breathalyzer tests administered as required by law?

6. Did the police force you to make incriminating statements?

If you are charged with DUI in Illinois, contact Wheaton DUI lawyer Marilyn Miller by email or call 630-424-8816 for further information on how to defend or beat your DUI charges.

Illiniois DUI Law

DUI Breathalyzer Test Refusal

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DUI Breathalyzer Test Refusal

DUI Breathalyzer Test Refusal.  Should Illinois drivers pulled over for or arrested for DUI refuse a breathalyzer test?  Wheaton DUI lawyer Marilyn Miller wants you to know your rights when pulled over or arrested for DUI.

Probable Cause to Arrest

A police officer needs probable cause to arrest a driver for DUI. Probable cause exists when a reasonable person concludes that a driver has committed an offense.  This conclusion can arise from the officer’s observations of the driver’s manner of driving as well as observations of the driver after the traffic stop.  These observations can include the driver’s slurred speech, blood shot eyes, strong odor of alcohol, admission to drinking, fumbling with license, and inability to follow instructions.

Field Sobriety Tests

Typically, an officer will require a driver to complete the Field Sobriety Tests or FST.   These tests may include a Horizontal Gaze Nystagmus Test or HGN, a Walk-and-Turn test, and a One-leg Stand test.  The officer will also ask the driver to take a Preliminary Breathalyzer Test or PBT which consists of a hand-held device for testing the driver’s breath at the scene.  The PBT provides an estimate of the blood-alcohol level of the driver.   Therefore, the PBT helps establish probable cause for a DUI arrest.  By law, a driver may refuse to take this Preliminary Breathalyzer Test without consequences to his driving privileges.

Consequences of Refusing Breathalyzer

After a driver is actually arrested for DUI, the driver cannot refuse the official breath, blood or urine test without consequence.  The official chemical test is typically given at the police station after an arrest for a DUI.  If a driver is arrested for DUI and refuses to submit to a such test, the driver faces a 12-month statutory summary suspension of his driving privileges.  Those arrested for DUI who submit to the tests face a 6-month statutory summary sususpension for a failed test (i.e., a chemical test which disclosed an alcohol concentration of 0.08 or more, or any amount of a drug, substance, or intoxicating compound in such person’s breath, blood, or urine resulting from the unlawful use or consumption).  625 ILCS 5/11-501.1(a) and 625 ILCS 6-208.1(a).

Admissibility of Field Sobriety Tests

As to the HGN test, the prosecution has to establish the scientific basis for the reliability of this test.  However, the Court will admit the FST evidence based solely only the officer’s personal observations and conclusions.

The driver can agree to take FST and the PBT if he/she can pass the tests.  However, drivers often find it difficult to perform the FSTs even when when sober.  In addition, the Court may easily admit the FST tests based on the officer’s personal observations and subjective conclusions. As to the PBT, it is an estimate only of the blood-alcohol level of the driver.  Moreover, the PBT is not admissible by the prosecution at the trial of an alleged DUI offense.

The police officer may record the FST on a video camera mounted in a squad car.  Further, the arresting officer must conduct all tests in conformity with the National Highway Transportation and Safety Administration (NHTSA) manual.  The validity of these tests is compromised if not properly administered as set forth in the NHTSA. A experienced DUI lawyer may cross exam the arresting officer on this issue.

If the driver believes that he can pass the Field Sobriety Tests and Preliminary Breathalyzer Test, then the driver can agree to take the tests.  However, the driver should politely refuse all tests if there is a possibility that the driver cannot pass the tests.

Illiniois DUI Law

DuPage DUI Lawyer – Illinois BAIID for First DUI Offense

DuPage DUI lawyer Marilyn A. Miller wants persons charged with a first DUI in Illinois to be aware that Illinois Senate Bill 300 was signed into law on August 24, 2007 and became effective January 1, 2009.   P.A. 95-0400.  It requires all first-time Illinois DUI offenders who wish to drive during their statutory summary suspension to install a Breath Alcohol Ignition Interlock Device on the vehicle they wish to drive during the statutory summar suspension.

A person must provide a breath sample into the Breath Alcohol Ignition Interlock Device prior to starting the vehicle and at random intervals throughout the travel time. The BAIID uses advanced technology to read the persons Blood Alcohol Content (BAC).   A BAIID is hooked to the ignition of the car and prevents the person from starting the car if their breath sample registers a .05 or higher.  If the breath sample is negative for alcohol, the person will be able to start their car without incident.

In addition, Senate Bill 300 increases the statutory summary suspension times as follows:  For offenders who refuse testing at the time they are pulled over, their suspension times will go from the current 6 months to 12 months.  For those that take the test and fail, their suspension will double from the current 3 months to 6 months.

Contact Marilyn A. Miller by email or call 630-424-8816.

Illiniois DUI Law

Supreme Court Limits Police Searches of Cellphones

By Marilyn Miller

The United States Supreme Court ruled unanimously recently that police can not search the contents of a cellphone seized during an arrest, unless they get a
warrant. The Court held that such warrantless searches violate the Fourth Amendment which prohibits the Government from engaging in unreasonable searches and seizures.
The Court reasoned that cellphones are minicomputers that hold vast amounts of personal data. Such devices are different from physical objects police are allowed to seize without a warrant in searches incident to arrest.

In the two cases addressed by the Supreme Court, Riley v. California attracted the most scrutiny. Riley was stopped by police for expired registration tags and it was determined that his license was suspended. In such a situation, police may legally search a person as well as the area within his immediate control without probable cause when a search is “incident to arrest”. This exception arises to ensure the safety of the officer and to prevent the possible destruction of evidence of crime.

Police then searched Riley incident to his arrest and seized his cellphone from his pocket. Thereafter, the police examined the contents of the phone and found evidence of Riley’s membership in a street gang. This evidence lead to additional charges filed in connection with an earlier shooting.

In this case, it was apparent that the warrantless exception to searches did not apply. It was not needed to protect the officer or to preserve evidence. The Court noted the distinguishing features of the modern cellphone are their immense storage capacity and the personal information they contain in digital format. The Court held that it is just this kind of private information the Fourth Amendment was designed to protect.
The result in Riley was that the search was illegal and the evidence obtained was excluded from the jury’s consideration under the Exclusionary Rule. The exclusion of this kind of evidence would usually result in making it impossible for the Government to prove the charges which was the outcome of Riley’s case as to the gang-related charges. The only evidence left against Riley was the driving while license suspended charge which could be pursued.

Given the great prevalence of cellphones today, this case has particular significance to individuals charged with serious criminal offenses including driving under the influence or DUI where the suspect is carrying a cellphone which may be accessible to police who are conducting a search upon the arrest of that person.

Illiniois DUI Law

Chicago Man Charged with Aggravated DUI In Christmas Eve Crash That Killed Daughter

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According to The Chicago Tribune, a Chicago man from the Englewood neighborhood has been charged with aggravated DUI following the Christmas Eve crash that killed his 8-year-old daughter:

http://www.chicagotribune.com/news/local/breaking/chi-man-charged-with-aggravated-dui-in-christmas-eve-crash-that-killed-daughter-8-20131227,0,2070945.story

Illiniois DUI Law

Suburban Chicago Police Chief’s Plan to Tweet Names of DUI Suspects on Hold

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Riverside police chief’s plan to tweet the names of those arrested for DUI has been put on hold due to public reaction to the plan.   The information Chief Tom Weitzel would tweet is all publicly accessible.  However, according to CBS Chicago news, Weitzel says he is holding off tweeting offenders’ names, pending a legal opinion he’s requested from the Attorney General.  Get the full story here:

http://chicago.cbslocal.com/2013/12/16/suburban-police-chiefs-plan-to-tweet-names-of-people-arrested-for-dui-on-hold/

Illiniois DUI Law

How much does an Illinois Breath Alcohol Ignition Interlock Device Cost?

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DuPage County DUI lawyer Marilyn A. Miller wants you to know the consequences of a DUI charge or conviction in Illinois.  For example, how much does a Breath Alcohol Ignition Interlock Device  or BAIID cost in Illinois?  Illinois DUI law provides that the Offender will have to pay the following fees for the BAIID:

1.  Installation fee is approx. $100 (paid to the vendor they choose)

2. Monthly rental of the device $80 approx. (paid to the vendor they choose)

3.  Monthly monitoring fee $30 (paid to the Sec. Of State for the monthly monitoring of the device).

If you are charged with DUI in Illinois, call DuPage County DUI lawyer Marilyn A. Miller at 630-424-8816.

Illiniois DUI Law

Illinois DUI Arrests

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Illinois DUI Arrests by City

Curious about Illinois DUI arrests and what Illinois cities have the most DUI arrests?  Wheaton DUI Lawyer Marilyn A. Miller says do not drink and drive.  According to recently released information by the Alliance Against Intoxicated Motorists (AAIM), the Chicago suburbs with the most DUI arrests are Naperville, Carol Stream, Aurora and Elmhurst.  Check out the complete list of Illinois police departments with the most Illinois DUI arrests courtesy of AAIM:

http://aaim1.org/stats_topdept.asp

Therefore, do not drink and drive . . . especially, in these Illinois cities. For more info regarding DUI, visit Wheaton DUI Lawyer.