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Recent Blog Posts
Getting Your Driver’s License Reinstated After a DUI Arrest
While jail sentences and convictions are usually two of the foremost concerns of driving under the influence (DUI) offenders in Illinois, the loss of driving privileges can be an issue that causes many additional problems for people. It is important for people to understand that the State of Illinois can take two different actions with a driver’s license, revocation or suspension.
A suspension is a far more lenient punishment because a person only loses driving privileges for a specific period of time and the license becomes reactivated as soon as a person pays their license reinstatement fee. Revocation is another matter entirely because, after the period of revocation ends, a person still cannot drive until they first attend a hearing with the Illinois Secretary or State to seek license reinstatement.
Seeking Reinstatement of Driving Privileges
In a driver’s license revocation case, a person will usually have to schedule a hearing with the Illinois Secretary of State. SOS license reinstatement hearings can be formal or informal. An informal hearing is permitted for people with only one DUI and general first offenders for other offenses, while multiple offenders and more serious violations can lead to formal hearings. Formal reinstatement hearings are similar to courtroom trials and must be scheduled in advance. Informal hearings require no advance scheduling.
Is my DUI Arrest a Felony?
While most first-time arrests for driving under the influence (DUI) in Illinois are misdemeanor offenses, drivers need be aware that there are situations in which aggravating factors could allow for prosecutors to seek felony charges for drunk driving. Felony DUI cases are always more severe than misdemeanor cases because defendants will be facing much stricter penalties and punishments if convicted.
One of the most common reasons for felony DUI charges are repeat DUI offenses. Subsequent DUI charges are felonies when a person has at least two prior DUIs. Any kind of felony conviction can damage long-term prospects on a person’s ability to obtain employment, federal benefits, or college admissions.
Felony DUI Charges in Illinois
While first and second DUI convictions are customarily Class A misdemeanors, a third or fourth conviction will be classified as a Class 2 felony. A fifth conviction is a Class 1 felony and a sixth or subsequent conviction will be a Class X felony.
Possible Defense Strategies for CDL Drivers Accused of Drunk Driving
If you make your living as a commercial truck driver, getting arrested for driving under the influence of alcohol can put your commercial driving license or CDL in jeopardy. The same applies if you are a delivery driver or a bus driver. You need to act quickly and fight your DUI from the get-go. A DUI defense attorney can help you mount a strong defense to try to protect your livelihood.
Legal Alcohol Limit for CDL Holders
Getting a CDL is harder than getting your typical driver’s license. That is why the rules of the road are stricter for commercial drivers. The Federal Motor Carrier Safety Administration holds truck drivers to a higher standard. The legal limit for blood alcohol concentration or BAC is 0.08 percent for most drivers. For a CDL driver, the legal limit is just .04 percent. The same is true for commercial truck drivers across the nation. These drivers spend significantly more time on the roads and highways compared to other people and they often transport passengers or hazardous materials, so the law is stricter for them.
Can I Refuse Sobriety Testing and or the Breath Test during a DUI Arrest?
Implied Consent Law
In Illinois we have what is called an Implied Consent Law. When you first applied for a driver's license, you implied your consent to various requirements of the law. One of those requirements you consented to is blood alcohol testing (BAC). You should know that you can choose not to submit to BAC testing during or after a DUI stop. The maximum suspension you could receive is 3 years, depending on your background.
You do not have to agree to field sobriety testing or the breath test during a DUI stop. It is a guarantee, however, that the police will pressure you to complete these tests. There are some situations, however, where the police can obtain a warrant from a judge to force you to take a blood test in order to determine your BAC. This typically happens in cases of car accidents where great bodily harm occurred to another driver. In those limited instances, you can be forced to submit to a blood test even if you have refused to give consent. Knowing your rights in advance of a DUI stop is vital if you end up facing DUI charges.
Are You Accused of Shoplifting?
While smash-and-grab robberies are making headlines, retail theft at a smaller scale is also costing retailers billions. Stores and malls alike are elbow-to-elbow with holiday shoppers. Some people may think no one is watching. There is a tendency to take advantage of the crowded atmosphere to take items without paying. However, the penalties for shoplifting are harsh and anyone accused of shoplifting should retain legal counsel right away.
Shoplifting and Retail Theft in Illinois
Retailers expect a busy holiday shopping season and they have heightened security measures in place. Retail crime is costing retailers about $700,000 per $1 billion in sales. Store managers and employees will not just notice shoppers taking something without paying; they have prepared precisely for this scenario. They realize that retail theft takes various forms, it can include price switching to save money, transferring items from one container into another one, or fake merchandise returns.
Could I Lose My Driver’s License for Taking Alcohol to a Party?
BYOB or “bring your own beverage” cocktail parties begin to flourish and some restaurants even encourage you to bring your favorite bottle of wine. Whatever your beverage of choice may be, if you pack the cooler or have a recently opened bottle of bourbon in your vehicle, you could get a traffic ticket for illegally transporting alcohol and in Illinois, you run the risk of losing your driving privileges. Let’s tackle what you need to know if you are taking alcohol over to a party.
Open vs. Full Alcohol Container
Alcohol includes beer, wine, liquor, and champagne. In the state of Illinois, transporting alcohol while in transit or having any alcohol within the passenger seat of a vehicle is illegal unless it is in the original container with the seal unbroken. That is a violation of the open container law in the state. The same is true for passengers. So if that bottle of wine is practically full but you broke the seal, it’s still an open container.
Holiday Blues Trigger Opioid Use: Fentanyl Sales Increase
Many Americans turn to opioids during the festive season to cope with the stress or the loneliness they may feel. Six percent of the population is triggered by seasonal affective disorder; another 14 percent suffer from winter blues. More than 107,000 died from an opioid overdose last year, yet the sale of street drugs is not letting up. If you are facing drug charges for the possession or sale of illegal drugs the Law Offices of Jack L. Zaremba, P.C., can help.
Caught Selling Fentanyl
In the state of Illinois last year more than 3,000 people died of an opioid overdose. Misuse and fake drugs are both contributing factors. Authorities and legislators are doing their part to solve the opioid epidemic. In Illinois, merely having possession of a drug is a felony, except for cannabis. If you are accused of transporting or selling drugs, you could face even greater penalties for drug trafficking or possession with intent to distribute.
Pulled Over for DUI? Four Tips to Keep in Mind
Nearly 700 Illinois police departments have been surveyed to determine how many DUI arrests have been made as authorities continue the fight against drunk driving. Will and Grundy counties both rank in the top 10 statewide. So, you can bet law enforcement in these counties will be on the lookout for drunk drivers this holiday season. If you are pulled over for DUI, there are four things you should always remember.
Driving Under the Influence of Alcohol
Consuming alcohol can impair your ability to drive safely. In Illinois, it is illegal to drive with a Blood Alcohol Content of .08 or higher. Alcohol has been known to increase your chances of getting into a car accident. If you are pulled over for DUI, chances are a police officer will want to conduct a chemical test. In the state of Illinois, you can refuse the DUI breath test. However, refusal will trigger an automatic driver’s license suspension. If you are pulled over under suspicion of a DUI, it is important that you understand your rights and the potential legal consequences of your actions.
Can You Evade a Sobriety Checkpoint?
Sobriety checkpoints tend to sprout around cities during the holiday season when there is an increase in alcohol consumption paired with driving. Do not be surprised to see a DUI checkpoint on your way home from a holiday party. The purpose of sobriety checkpoints is to prevent drunk driving. Many people question the constitutionality of sobriety checkpoints and the legality of these checkpoints vary from state to state. Many wonder, what happens if you simply do not drive through the checkpoint or refuse to answer the officer’s questions?
Making a U-turn Instead of Driving Through a DUI Checkpoint?
If you see a DUI checkpoint, you do not necessarily have to drive through the checkpoint if there are legal alternative routes available to you. However, this tactic is not always the best course of action. Officers will usually monitor drivers who do not go through the checkpoint. Patrol cars are also around the area on the lookout for people who are appear to avoid the checkpoint.
What to Expect at a DUI Checkpoint During the Holidays
Tis’ the season for multiple sobriety checkpoints throughout Illinois. The consumption of alcohol and drugs tends to increase during the holiday season. The objective of the DUI checkpoints is to deter drunk driving in the interest of public safety. So what exactly happens at a DUI checkpoint, and what should a person do if they get charged with drunk driving at a checkpoint?
Field Sobriety Tests at a DUI Checkpoint
If you drive through a checkpoint, you may be signaled to stop by law enforcement. An officer will ask you to lower your window and turn off the car. They will want to see your driver’s license, registration, and proof of insurance. During this exchange, the officer will be looking for signs of intoxication, such as alcohol odor, slurred speech, and difficulty focusing. They want to make sure the driver can safely operate a motor vehicle.
When an officer suspects you are driving under the influence, you may be asked to step out of the car and conduct a field sobriety test using these top three methods:
