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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

DUI Stop Rights

DUI Stop Rights in Illinois

DUI Stop Rights.  DuPage DUI Lawyer Marilyn A. Miller wants you to know you have the following legal rights during an Illinois DUI stop:

  1. Right to an attorney. You have a right to talk to an attorney, but only after you have submitted to a blood or breath test, or have refused to take a test.
  2. Right to refuse to submit to testing.  You have the right to refuse the field sobriety test or the preliminary breathalyzer test during the stop.  These preliminary tests may be refused without consequences to your driving privileges during the stop.  Note: After arrest for DUI in Illinois, the driver cannot refuse to submit to chemical tests without facing a 12-month statutory summary suspension of his driving privileges. However, if you think you are over the legal blood alcohol limit, a refusal is often the best option.  The State will use the results of these tests as evidence against you in court.
  3. Right to remain silent. You have the right NOT to talk to the police. Don’t make statements that will hurt you later.

When arrested or charged with DUI in Dupage County, contact Dupage DUI lawyer Marilyn A. Miller by email or call 630-424-8816.

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

Wheaton DUI Lawyer | Monitoring Device Driving Permit

DUI lawyer Marilyn A. Miller wants you to know that eligible first-time DUI offenders who are arrested on or after January 1, 2009, have the option of obtaining a Monitoring Device Driving Permit by request to the Illinois Secretary of State.  The Monitoring Device Driving Permit replaces the Judicial Driving Permit.  The offender has the option of not participating in the program, but will have no other option for driving relief during the Statutory Summary Suspension.

Under Illinois law, the Monitoring Device Driving Permit allows the offender to drive after serving 30 days of the statutory summary suspension (which will either be 6 months or 12 months, depending on failure or refusal of Field Sobriety Test.  The MDDP requires that the offender install a Breath Alcohol Ignition Interlock Device in any vehicle the offender plans on driving during the term of the statutory summary suspension. The MDDP allows the offender to drive anywhere at anytime so long as the vehicle being driven has a BAIID installed (as opposed to the Judicial Driving Permit which restricted the offender to certain hours and certain destinations).  A Monitoring Device Driving Permit holder found driving a car without a BAIID during the statutory summary suspension will be guilty of a Class 4 felony. An offender who chooses not to obtain a Monitoring Device Driving Permit and is then caught driving during the statutory summary suspension will be guilty of a Class 4 felony.

A Monitoring Device Driving Permit will not allow a Commercial Drivers License holder to operate a Commercial Motor Vehicle during the offender’s statutory summary suspension.  Monitoring Device Driving Permit holders may be eligible for a work exemption if driving employer owned cars during the course of work hours and if the car is not specifically assigned to the offender.

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.