Illinois DUI Lawyer Blawg
In Illinois, driving under the influence (DUI) remains a serious criminal offense that carries both criminal and administrative penalties. While most DUI arrests arise out of collisions or erratic driving, people can face DUI charges even if they are not present at the scene of the alleged crime, as shown in a recent incident in Ogle County. If you are facing DUI charges in Illinois, it is imperative to seek legal advice from an experienced defense attorney who understands both the substantive and procedural aspects of DUI law.
Allegedly Abandoning a Damaged Vehicle After a Crash
It is reported that sheriff’s deputies in Ogle County responded to a late-night call in the village of Lindenwood on a Tuesday evening. Allegedly, at approximately 10:15 p.m., officers discovered a sedan that had been abandoned on a highway. The vehicle reportedly had sustained significant front-end damage from a collision with a guardrail on the east side of the road.
Allegedly, the vehicle was unoccupied when officers arrived, prompting an investigation into the identity of the driver and the circumstances surrounding the crash. It is reported that the investigation led deputies to identify the driver as a 33-year-old woman. She was later arrested and charged with multiple offenses, including Driving Under the Influence of Alcohol, Failure to Reduce Speed to Avoid an Accident, Improper Lane Usage, Failure to Report Property Damage, Operating an Uninsured Motor Vehicle, and Unauthorized Parking on the Roadway. The defendant was taken into custody and processed at the Ogle County Jail before being released with a notice to appear in court on a future date.
Illinois Law on DUI and Related Traffic Offenses
Under Illinois law, a person commits the offense of driving under the influence if they operate or are in actual physical control of a motor vehicle while under the influence of alcohol or drugs to a degree that renders them incapable of safely driving (625 ILCS 5/11-501). Notably, a driver does not have to be caught in the act of driving to be charged. Courts have upheld DUI charges where the defendant was found in or near a vehicle under circumstances that indicated recent operation, especially when supported by other evidence such as physical signs of intoxication, admissions, or witness statements.
Finally, Illinois is an “implied consent” state. This means that any driver lawfully arrested for DUI is presumed to have consented to testing for alcohol or drugs. Refusal to submit to testing results in automatic statutory summary suspension of driving privileges, although defendants retain the right to challenge such suspensions at an administrative hearing.
Consult a Trusted Illinois DUI Defense Attorney
If you have been arrested for DUI or related traffic offenses in Illinois, it is essential to take the charges seriously and understand your legal rights. Theodore J. Harvatin of the Harvatin Law Offices, PC, is a trusted Illinois DUI defense lawyer with the skills and experience needed to help you seek the best legal result available. To schedule a confidential consultation, contact Mr. Harvatin at (217) 525-0520 or use the online form.