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When one is pulled over for suspicion of driving drunk, they may be asked to submit to a breathalyzer test. While, ultimately, you do have the right to refuse this test, doing so could increase your odds of experiencing an arrest and the subsequent penalties. Submit and blow a blood alcohol concentration (BAC) that registers over the limit and you will be arrested anyway.
What is BAC and how does it affect your ability to drive? The following information explores the answer to these questions. You shall also learn how to fight back against the potential consequences of a DUI, including the suspension of your Illinois’ driver’s license.
What is BAC?
BAC is a measurement of the amount of alcohol in your bloodstream (or your “level of intoxication”) and it can only be accurately determined through a blood test. (Note that not all blood tests are accurate.) Obviously, law enforcement would not be able to use this type of testing out in the field, which is why they have breathalyzers. Able to detect the amount of alcohol in the mucous membranes of your mouth and throat, it can establish enough probable cause for a DUI arrest. Should that occur, you may be faced with serious criminal consequences.
Being arrested for allegedly driving under the influence (DUI) can have serious criminal consequences, such as jail time and hefty fines, but did you know there are non-criminal penalties as well? These penalties, otherwise known as collateral consequences, are not imposed by the court but they can still have a significant impact on your life.
Perhaps the biggest impact is felt under the statutory summary suspension law, which states that your license may be automatically suspended if you refuse to submit a chemical test or test above the legal limit. Although this is technically a violation of your Constitutional rights, the statutory summary suspension created a loophole that enables an unlawful invasion of your privacy. It indicates that all road users give implied consent to chemical testing because they are using highways and streets that belong to and are maintained by the government. Thankfully, you can fight back against this suspension. Learn how and discover what an experienced attorney can do to help.
All Illinois drivers give “implied consent” to breath, blood, and urine alcohol testing from the moment that they obtain their license. What does this mean, and what happens if you refuse a chemical test? The following information explains, and it provides some important details on where to find assistance with your Illinois DUI case.
What is the Implied Consent Law?
The implied consent law states that drivers must submit to a chemical test upon arrest or face the consequences. Keep in mind that this test is different than the preliminary test, which may be given either in lieu of or conjunction with a field sobriety test. The law says you give implied consent to this testing as well, but you can refuse it. Doing that may not help your case if the officer has another reason to suspect that you were driving while under the influence, but refusing a preliminary test rarely leads to a consequence. That is not the case with the refusal of the chemical test, which is usually requested shortly after your arrest.
The medical marijuana program in Illinois has provided many individuals with an alternative treatment option for debilitating pain, spastic disorders, and other severe illnesses. There is, however, one caveat: patients cannot drive while under the influence of marijuana. Sadly, the method for determining intoxication is, at best, ineffective and, at worst, inaccurate. Learn more about the medical marijuana DUI laws in Illinois, including how being arrested could impact nearly every aspect of your life and how an experienced DUI defense lawyer may be able to help mitigate the damage.
What is Wrong with Illinois’ Marijuana DUI Laws?
Drivers are prohibited from using any substance that can impair their driving abilities – and that includes prescriptions and medical cannabis. However, most substances can be detected with at least some level of accuracy. This simply is not the case when it comes to medical marijuana.
While state laws tend to dictate how juvenile and adult criminal cases are handled, there are some broad but universal views and beliefs within these two justice system types. It is by comparing the beliefs of each system that one begins to understand the distinct differences – including the impact that an adult case may have on a juvenile. Learn more about the differences between juvenile criminal cases and adult criminal cases, and discover how you can protect your teen from the potential consequences of an adult trial.
Rehabilitation
If there is any belief that distinguishes adult criminal cases from juvenile ones, it is that juveniles are developmentally different than adults. The perception that juveniles can be more easily rehabilitated than adults stems directly from this belief, and it can impact everything from sentencing to treatment options and release back into the community. For example, an alleged juvenile sex offender may be referred to a therapeutic program, but an alleged adult offender could be facing years of imprisonment and forced registration on the state’s sex offender site.
Assault of any kind is a serious offense in the state of Illinois, but the consequences will often depend on the severity of the charge. For example, is the charge related to assault charges or aggravated assault charges? Learn what the differences are between the two, including how they vary in terms of potential consequence, with help from the following information.
Assault in Illinois
The law states that assault is an act in which one causes another person to believe they may be at risk for battery (physical harm). There does not need to be any evidence of harm, nor is one required to make physical contact with a person to be accused of assault. Instead, one can be charged with this act by shaking their fist in someone’s face, threatening them with words or body movement, or otherwise causing them to fear they may be in danger of bodily harm.
Technology changes and evolves so quickly that law enforcement often struggles to keep up. However, most states do have at least some laws in place to protect potential cybercrime victims. Furthermore, the United States government regularly question, arrest, detain, and even convict individuals who are suspected of cybercrimes. Now, with the announcement from Deputy Attorney General Rod J. Rosenstein, there may be even more cybercrime arrests.
The Crackdown on Cybercrime
In an August 29, 2017, press release, the Department of Justice announced that it had strengthened its ability to press charges against individuals suspected of cybercrimes. A full cybercrimes lab and over 45 different attorneys will be working to bring them down. What sorts of crimes will they be investigating, and what might it mean for you or a loved one if you become suspect in a cybercrimes case? The following explains further.
When one is arrested for their first DUI, they might assume that the charges will be minor. Unfortunately, this is not always true. In fact, under the right circumstances, even a first-offense DUI could become a felony. Learn more about the situations that may lead to such a charge, and discover how an experienced attorney can help you fight the charges.
First-Offense DUIs Typically Charged as Misdemeanors
In most instances, a first-offense DUI is considered a misdemeanor offense. If convicted, the consequences could include up to one year of jail time, fines, civil penalties, and a one-year suspension of your license. You may have an option for restoring your driving privileges, but you would be required to have a breathalyzer interlock device on all your vehicles. Because these consequences can have a significant impact on your life, it is advised that you seek legal assistance, even at this lower level of DUI consequence.
Facing criminal charges can be a frightening and confusing event. Thankfully, much of the fear and confusion can be mitigated against when you know your legal rights. Learn more about them in the following sections, and discover what an experienced criminal defense lawyer can do for you or your loved one in a pending criminal charges case.
Your Right to Be Treated as a Non-Guilty Person
The law states that you are innocent until proven guilty, which essentially means you are not to be treated as a guilty person while awaiting trial, no matter how incriminating the evidence against you seems. Law enforcement cannot punish you or treat you unfairly. They may not physically attack you, and they cannot treat you inhumanely. You must be supplied with basic life necessities, such as food and water. In addition, law enforcement cannot continue to detain you past the state-appointed time limit if they do not have enough evidence to prosecute.
In 2015, more than 1,000 non-violent, low-level offenders spent more time in jail than they were sentenced to serve. The reason? They did not have the money to post bail. To keep this from happening any longer, and to ultimately reduce the overpopulation of local jails and prisons, Governor Bruce Rauner signed the Bail Reform Act into law. What is this new law, and how might it affect your criminal charges case? The following explains.
Cash Bail No Longer Required for Some Offenses
Criminal justice reform advocates have been criticizing the state’s bail system for some time now, calling it unfair to Illinois’ poorer and disadvantaged communities. Most could not afford the 10 percent down payment needed to meet bail. Instead, they would be forced to spend weeks, sometimes months incarcerated for non-violent or low-level crimes.
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