New Law Cracks Down on Driving Under the Influence (DUI)

If you are charged with a DUI in Illinois, it is more important than ever to work with an experienced DUI attorney. New legislation, passed in August, has increased the likelihood of being convicted of drunk driving. Now, officers at the scene of an accident will not only be encouraged to check for intoxication, they may be required to.

In the past, police officers on the scene of an accident that caused personal injury or death had the right to use chemical tests to measure blood or urine to determine intoxication levels. As a result of the new law, they will now be required to do so if they feel alcohol could be a factor in the accident. Advocates of the new law believe this will increase the number of chemical tests performed at accidents that involve personal injury or death.

DUI Penalties

Drunk driving convictions in Illinois carry tough penalties, including fines of up to $2,500, community service, jail time of up to one year, and driver education requirements. Penalties increase for high blood alcohol content, the injuring of another person and subsequent convictions. Those who are convicted may also have their licenses suspended, which will make getting to work or school very difficult. DUI penalties have the ability to change your day to day life for quite a while.

This is why it is so important to have legal counsel when facing a DUI conviction. Officers may fail to administer chemical tests for alcohol levels correctly or violate your rights, and as a result the evidence that led to your conviction could be inadmissible in court. Now that officers are going to be even more vigilant at testing, those who find themselves facing conviction need to get legal representation.

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Unlawful Possession of a Controlled Substance
Two of our clients had their drug charges thrown out at a preliminary hearing after a Judge found no probable cause to search. Additionally, the Judge determined the lab procedures by the State Crime Lab inadmissible. All of the $3,000 bond money was returned to the client.

Aggravated Battery
A client was acquitted following trial when the Judge ruled the State failed to prove their case after the Officer was cross-examined. The client avoided a felony conviction, jail time and the loss of his job.

Attempted Murder
A client charged with Attempted Murder who faced a prison term of 20-60 years in IDOC was released after only serving 120 days in a downstate boot camp.

Breath Refusal Case Won
• A first offender was found not guilty following a bench trial even though the Officer testified that the defendant didn't pass any of the Field Sobriety Tests. Uniquely, the Officer also testified that our client had red, bloodshot eyes, strong odor of alcohol and slurred speech. The trial Judge ruled that although the defendant might have been under the influence of alcohol, the totality of the circumstances did not amount to a conviction.

DUI Case Reduced on Dispatch Tape Evidence -- Eight Tickets Thrown Out
As part of defense measures, the Illinois State Police Dispatch Tapes were subpoenaed to court for inspection. Following a detailed examination, it was determined that the State Trooper failed to follow proper arrest and test procedure guidelines. This 19 year old client had her license saved and the eight accompanying traffic tickets were dismissed.