When you arrested for DUI, there are two potentially negative consequences. The first is criminal. You can be sentenced to jail if you are convicted of DUI. The consequences of an Illinois DUI arrest are less severe if you are eligible for, and receive, court supervision. Court supervision is not…
In Illinois, “driving under the influence” (DUI) is a shortcut term for a legal offense. The phrase may work in casual conversation and in news reports. However, Illinois law defines the offense of DUI in a very specific manner. In the American judicial system, there are several ways in which…
Since 1986, Illinois law has had in place the Statutory Summary Suspension (SSS) law. If, in connection with a DUI arrest, the police ask you to provide a breath or blood sample to analyze your alcohol level, you have the choice of whether to submit or refuse. If you submit…
In the context of Driving Under the Influence (DUI) arrests, Illinois offers three sentencing options. You ought to be aware of these if your DUI lawyer concludes that your Constitutional rights have not been violated, if the state has complied with all procedural requirements and if the evidence against you…
It has not (yet) reached the point where the police can stop the operator of a motor vehicle for no reason whatsoever. You are protected from “unreasonable searches and seizures“. Judges decide where to draw the line between reasonable and unreasonable searches and seizures. When you are in your house,…
The Fourth Amendment to the United States Constitution prohibits “unreasonable searches and seizures”. An arrest, including a DUI arrest, constitutes a seizure. If a court (judge) finds that a seizure is unreasonable, the arrest is deemed illegal. For the most part, any evidence gathered as a result of the arrest…
On April 21, 2011, the Illinois Supreme Court, in a unanimous 7-0 opinion, issued a ruling important to Illinois DUI lawyers. Understanding the decision requires some knowledge of Illinois DUI law. The state has several methods at its disposal to sustain a DUI charge. The traditional means is to prove…
If you have been arrested for Driving Under the Influence (DUI) in Illinois you may be eligible for an MDDP during the time your driver’s license is suspended. During a DUI arrest, you will be asked to provide the police with a breath or blood sample to determine whether your…
“Civil rights” refers to your right to be free from overreaching government action. There was a time when someone arrested for Driving Under the Influence (DUI) enjoyed the same civil rights as every other citizen. Not so much any longer with DUI (and a few other politically unpopular crimes). In…
In Illinois, if you are convicted of Driving Under the Influence (DUI), the Illinois Secretary of State is required to revoke your driver’s license. The revocation could be for 1, 5 or 10 years, depending upon your previous record. By law, a revocation can only be undone through a driver’s…