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In Illinois, blood alcohol concentration (BAC) tests are used to determine if someone is driving under the influence of alcohol or drugs (DUI). If a driver takes a breath alcohol test and the results show 0.08 percent BAC or higher, he or she is considered too intoxicated to drive. This is regarded as a “failed” test. Blood tests may also be used to determine a person’s BAC. If an individual fails or refuses to take a breath alcohol test or blood alcohol test, his or her driver’s license is suspended.
If your license is currently suspended because you refused or failed a BAC test, you may benefit from a Monitoring Device Driving Permit (MDDP). An MDDP will allow you to regain your driving privileges and get you back on the road legally.
A Monitoring Device Driving Permit is available to first-time DUI offenders in Illinois. You must have no prior DUI charges within the last five years to qualify. You must also hold a valid driver's license at the time of your DUI arrest, and your DUI must not involve an accident resulting in injury or death. You also must be at least 18 years old to get an MDDP.
If you or someone close to you were arrested and charged with a crime, you may be researching your legal options and potential defense strategies. Accusations of drunk driving, assault, theft, weapons violations, or other criminal offenses often catch the accused off guard. They do not know what their rights are in this situation or how to handle the accusations.
One of the best first steps to take after an arrest is to contact an experienced criminal defense lawyer. A lawyer can review the charges and advise you on how to proceed. Depending on your situation, a criminal defense attorney may also use mitigating factors in an effort to get charges dropped or penalties reduced.
The legal drinking age in Illinois and the rest of the United States is 21. Individuals under 21 years of age cannot legally purchase alcohol or enter over-21 establishments like bars and nightclubs.
However, many young people test the waters by trying to get into these establishments or purchase alcohol before they are old enough. In many cases, they use a fake ID or an older friend's ID to do so.
Although it may seem like a minor offense to some, the mere act of possessing a fake identification card can lead to serious criminal charges. If you or your child were caught using a fraudulent ID, a criminal defense lawyer experienced in juvenile cases can help you understand what to expect and how best to proceed.
It is against Illinois law to possess, use, or manufacture fake IDs. Depending on the nature of the offense, crimes related to fake identification cards can be felonies or misdemeanors.
At Davi Law Group, LLC, we provide strong legal advocacy and support to individuals accused of crimes. Whether you have been charged with drunk driving, theft, assault, fraud, or another offense, our team of skilled attorneys are here for you.
In 2022, our blogs included information about Illinois law, criminal penalties, defense options, and much more. Our most popular blogs of 2022 are listed below.
In Illinois, many different situations can lead to the loss of your driver’s license. Multiple moving violations, DUI, reckless homicide, fleeing and eluding the police, and several other offenses can lead to a driver’s license suspension or revocation. Once someone’s license is suspended or revoked, they are not allowed to drive any motor vehicle. Driving on a suspended license can lead to serious penalties.
Most people take the ability to drive for granted until they can no longer drive. Losing your driving privileges can be a major hardship. Because of this, some people choose to drive even after their license is suspended.
If you are caught driving while your license is suspended or revoked, you can be charged with a Class A misdemeanor. This offense is punishable by up to one year in jail and a maximum fine of $2,500. In certain situations, there is a mandatory minimum jail sentence for people caught driving without a valid license. If you are caught driving with a suspended or revoked license for a second time, the offense is a Class 4 felony punishable by a lengthier jail sentence.
Whether it is due to a traffic stop for alleged speeding, DUI checkpoint, domestic disturbance, or another reason, interacting with the police can be unnerving. Many people find themselves in situations where they do not know the correct protocol for communicating with a police officer. This can lead to increased anxiety, or worse yet, criminal charges. Here are 10 tips on how to respond in such a situation.
It is important for everyone to understand how to handle interactions with law enforcement. There are actions you can take as well as actions you can refrain from that will decrease the chances of a police interaction escalating.
If you are involved in an interaction with the police, be sure that you:
Just as in the vast majority of the United States, the legal limit for blood alcohol concentration (BAC) in Illinois is 0.08 percent. If someone has a BAC of 0.08 percent or greater, they are considered to be intoxicated. Blood alcohol testing is usually a crucial component in a drunk driving case. The prosecution will have a very hard time securing a conviction for driving under the influence (DUI) without a blood test.
However, alcohol blood tests are not always as reliable as you might think. Human error, product defects, and other problems can cause inaccurate results. If you or a loved one are facing DUI charges, it is important to know how blood alcohol test results may influence the case.
Someone accused of drunk driving may be required to undergo a blood draw for the purpose of BAC testing. The person’s blood is analyzed in a laboratory and tested for alcohol and other substances. Blood tests may be inadmissible during a DUI case due to:
People change. Often, the person that someone was in the past bears almost no resemblance to the person he or she is today. Unfortunately, a criminal record can negatively impact someone’s life long after the alleged crime. Employers are less likely to give a job to someone with a criminal past. Similarly, landlords may refuse housing to an individual accused of a crime. Neighbors and community members may also prejudge the person before even meeting him or her. All of these factors can make it nearly impossible for an individual accused or convicted of a crime to move on.
Fortunately, people in Illinois who were convicted of criminal offenses may qualify for record expungement or sealing. These processes remove the criminal record from public view, clearing the way for the convicted person to build a better life.
Many people are shocked when they realize that you can have a criminal record even if you were not found guilty or convicted of a crime. For example, if you were accused of a crime but your charges were dropped, there is still a record of the initial arrest. People who look up your record can see that you were arrested or accused of a criminal act, which can negatively affect your life in several ways.
Fake pills laced with fentanyl are being seized at record rates across the nation and Illinois is no exception. Fentanyl supply is also up in the state. If your troubles revolve around drug crimes you could be facing extremely serious charges. You may have been caught up with the wrong crowd, but whatever your situation, we are here to try to help.
Illinois makes possession of drugs a felony in all cases, with the exception of marijuana. If you are arrested for drug trafficking you will also be charged with the intent to distribute the drugs. And even if the manufacturing or delivery is not successful, possession with intent can still result in charges for drug trafficking.
We may be able to negotiate a deal to reduce the charges in some circumstances. For example, drugs may contain deadly levels of fentanyl, but it would be very difficult to tell that just by appearance. You would need to test the drugs with fentanyl test strips to be certain.
With so much construction underway as Rebuild Illinois continues full steam ahead, it is easy to get frustrated with delays. You may be used to a certain schedule and are having trouble adjusting to the lower speed limits around construction zones. However, exhibiting even a small lack of patience through those areas can have you dealing with a traffic violation that will tarnish your clean driving record.
Nearly 7,000 motor vehicle accidents occur in Illinois work zones leading to more than 1,600 injuries. Last year, 25 people died in construction zones in Illinois and none of them were workers. That is the first time that has happened since 2015.
The minimum speed limit throughout the state of Illinois is 45 miles per hour. That may seem slow but you have to drive even slower than that through construction zones. Excessive speeds in a construction or maintenance zone (work zone) will have you facing some harsh fines and even jail time.
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