Arrested For a DUI in Illinois? Now You Have Questions

What is DUI?

A: "DUI" refers to that section in the Illinois Vehicle Code located at 625 ILCS 5/11-501, et. seq., which makes it a crime to drive or be in actual physical control of a motor vehicle while under the influence of alcohol, or any other drug, which renders one incapable of safely driving.

Q: What are the potential consequences of a DUI?

A: If a person is charged as a misdemeanor, one could be sentenced to up to 364 days in jail, a $2,500.00 fine or both. One could be sentenced to probation or court supervision. A Judge may require you to attend Victim Impact Programs, be evaluated and complete any alcohol counseling required, perform community service. If charged as a felony, all of the above consequences may attach, but there may be a period of imprisonment in the Illinois Department of corrections.

Q: Will my driver's license be suspended?

A: Yes. Because of the "Implied Consent" law and statute, your driver's license could be suspended for 6 months to two years depending on the breathalyzer and your previous driving record. (See 625 ILCS 5/11-501 & 625 ILCS 5/6-208.1) "Implied consent" refers to your agreement to take a breathalyzer, when requested by the police, while driving on a public roadway.

Q: Has DUI law recently changed?

A: Yes, major changes have been enacted by the Illinois Legislature that alters the Judicial Driving Permits. Individuals are now required to have a Breath Alcohol Ignition Interlock Device (BAIID) installed on their vehicle if the wish to drive during the pendency of the summary suspension. Individuals now can apply for a Monitoring Device Driving Permit (MDDP). The MDDP permit total costs can be very expensive.

Q: What is a "statutory summary suspension"?

A: The law requires that your privilege to drive is summarily suspended following your failure or refusal to take a breath test, until the expiration of the time set by law. This suspension goes into effect on the 46th day after one's arrest.

Q: Can one avoid a statutory summary suspension?

A: Yes, by winning a Petition to Rescind the Statutory Summary Suspension. You must file a Petition to Rescind the Statutory Summary Suspension

Q: What is meant by "the hard thirty days"?

A: That even if you get a MDDP, you still cannot drive for the first thirty days after the 46th day, after the arrest.

Q: What is a summary suspension hearing?

A: A Judge hears the evidence to determine if the Police complied with the law. There are four grounds to contest the suspension. If the police violated anyone of these grounds, the suspension may be rescinded.

Q: How is a summary suspension hearing different from a trial?

A: At a Petition to Rescind the Summary Suspension Hearing, the defendant has the burden of proof. It's easier for the State to win a statutory suspension hearing, and there cannot be a jury. But, there are tactical reasons for doing hearings.

Q: What is meant by a "motion to quash" hearing?

A: Similar to a petition to rescind hearing, this is an opportunity to "quash" or suppress certain evidence from a subsequent trial. This can provide other tactical advantages for the defense.

Q: How is the motion to quash hearing different from a summary suspension hearing or a trial?

A: The issues are very similar, however, the inquiry as to probable cause stops at the time of the arrest.

Q: What is meant by "implied consent"?

A: Found at 625 ILCS 5/11-501.1, the law says that if you drive, you allow the government to take a blood, breath or urine sample to determine alcohol content. Failure to submit to these samples results in loss of one's driving privileges.

Q: What is the legal limit for blood/alcohol content in Illinois?

A: 0.08% alcohol concentration in the blood.

Q: What kinds of things are the police looking for when they are on DUI patrol?

A: Simply stated, they're looking for unusual driving, such as weaving, speeding, wide turns, quick stops and dozens of other inappropriate driving patterns.

Q: After the police make a traffic stop, what behaviors are they looking for in the driver of a motor vehicle?

A: They will ask you for your driver's license and proof of insurance, and they will watch your motor skills and your ability to retrieve these items. They will look for an odor of alcohol, observe your eyes and notice any redness or glassy quality. The officer will engage in conversation to determine if you have slurred speech. The officer may ask where you're going, and where you're coming from and will ask if you've had anything to drink.

Q: What are "field sobriety tests"?

A: Physical "exercises" designed to test one's motor skills, coordination, balance and ability to follow directions.

Q: Can I refuse to submit to field sobriety tests?

A: Yes.

Q: What is a "portable breath test" or PBT?

A: A hand-held device, into which the officer may ask a driver to blow, which measures one's alcohol content.

Q: Can I refuse to submit to a portable breath test?

A: Yes.

Q: Is a portable breath test admissible in a criminal trial?

A: No, these tests are inadmissible because they are unreliable. However, they can be admissible at a SSS hearing

Q: If I'm arrested for DUI, what next?

A: You will be transported to the police station, a number of questions, fingerprints, photographs and an opportunity to blow into a breathalyzer.

Q: Can one be arrested for DUI even if one is not drunk?

A: Yes, the standard is whether one is "impaired" by alcohol, and it is the officer's reasonable belief which is tested for probable cause.

Q: Can a person be arrested for a DUI even if he is not driving?

A: Yes, a person needs only to be in "actual physical control" of a motor vehicle. For example, you could be sitting behind the wheel in park, with the engine off and the radio on, and the law may be consider you in "physical control" of the car even though not you are not driving.

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All About Probation

When someone is found guilty of committing a crime there is usually either a fine or incarceration that can be assigned to them as punishment. Furthermore, there is usually a probation period assigned for a certain amount of time following the conviction or release from jail. Probation terms can vary from person to person, and often change depending on the crime committed.

Types of Probation

Probation can be minor or severe, and can range greatly in the length of time it must be followed. Some of the most common types of probation include:

· Not operating a vehicle
· Living in government approved housing
· Staying away from schools or other specific establishments
· Following a curfew
· Remaining within a certain jurisdiction, such as state or county
· Not allowed to possess firearms
· Mandated drug testing
· Must be employed
· Staying away from victims of the crime committed

These are some of the most common forms of probation, but with any case that involves probation there can be certain restrictions that are created by the probation officer. As stated above, the length of these probations varies from person to person and crime to crime. There is usually a longer probation period for those what have committed the same crime more than once or who have a previous record of criminal activity.

What Does Probation Entail

Depending on the type of probation there will be different methods of enforcing compliance. Many individuals who are placed on probation will be assigned to a probation officer who they will have to check in with to confirm they are following the terms of their probation. This can include tasks such as taking drug tests and discussing their current activities.

Furthermore, if you are on probation your record will indicate it as such, so if you interact with the law and it is determined you are in violation of your probation (for example: you are driving, get pulled over, and it is discovered you are not allowed to driver according to your probation) you will be subjected to legal repercussions.

For More Information

By knowing what probation commonly consists of you are better able to be prepared should you ever find yourself facing a crime conviction. As with any other interaction with the law it is important you know your rights and have the ability to fight for them should they ever be violated.

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Tips to Help You When You're Stopped For Driving Under the Influence

Should you have the misfortune to be stopped by the police for suspicion of Driving Under the Influence, there are a couple of things you may do to minimize any trouble you are already in:

- Act courteously to the officer in charge. Do not be abrasive or brash when talking to the officer. Ask what the problem is and politely talk to him or her. It is also recommended that you be respectful to the officer. Ending your sentences with "Sir" or Ma'am" will show them that you recognize their authority. This also indicates to them that their initial idea of you being under the influence may be mistaken. The practical reason for you being respectful to the officer is because everything is videotaped and should you be arrested and cited, the video recording will show how cooperative and respectful you were.

- Know your rights. You should know that you can refuse the sobriety test and instead opt for the breath analyzer exam. This is your right. The breath analyzer exam is the lesser of the two evils since it is prone to mistakes. DUI Defense lawyers have successfully argued that burping or regurgitation does affect the analysis exam. It is possible that those acids in your stomach may affect the results of your exam.

- Be candid for an explanation. If you had a dinner and had some wine, you may mention it when asked. But be sure that you explain the time difference between drinking your glass of wine and driving. Having two hours or so lapse before taking the wheel may be sufficient. You may also tell them that you are taking medication, if you are, and this may possibly be the root of the problem. Be calm when explaining to the police officers. If they see that you are sensible, they may let you off with a warning.

- If you are from out of state, please inform the police right away. Most policemen or women will give some kind of break if they know that you are not local. You may have come from a nice dinner and had a glass of wine. It may also be possible that your car may smell of alcohol if your co-passengers have been drinking and since they are not driving, they have no responsibility to not drink. DUI defense lawyers have also successfully argued that perhaps the smell of alcohol from passengers may have prejudiced the police in their decision to cite or arrest the driver. Being aware of your situation and courteous to the authority will get you some breaks. Just be sure to be a responsible driver and try not to drink if you are behind the wheel.

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Florida DUI And License Restriction

DUI implies driving under the Influence and DWI means driving while intoxicated. These are violations under the Florida law and a person found to be violating DUI or DWI laws can be arrested and penalized under the Driving Under the Influence of Alcoholic Beverages, Chemical Substances or Controlled Substances Law s. 316.193, F.S. A person is said to be under the influence of alcohol if he/she has blood or breath alcohol content of more than 0.08 (grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath).

As per the Florida law, every person operating a motor vehicle gives an "implied consent" to take a chemical breath test when suspected of drunk driving by an official. There could be blood tests and urine tests also for determining the levels of alcohol in blood and urine. Refusal to take these tests would result in confiscation of the driving license for a year. Second or subsequent refusals would result in suspension for 18 months. In case of commercial vehicles, the person is disqualified from operating a commercial motor vehicle for 1 year for first refusal. Second or subsequent refusal would mean permanent disqualification.

Driving license revocation periods for DUI are given under s. 322.271, F.S. and s. 322.28,F.S. Under this, the minimum revocation period for a first conviction is 180 days while the maximum revocation period is 1 year. Second conviction within 5 years invites a revocation period of a minimum of 5 years though the person may be eligible for hardship reinstatement after a year. For second offenders, it is a minimum of 180 days and a maximum of 1 year.

For third convictions within 10 years, the minimum revocation period is 10 years with a possibility for hardship reinstatement after 2 years. For third offenders, it is a minimum of 180 days and a maximum of 1 year. For those having one conviction more than 10 years prior and one within 5 years, revocation period is a minimum of 5 years though they may be eligible for hardship reinstatement after a year.

For fourth convictions (regardless of prior convictions) and murder with motor vehicle, the license is permanently revoked and there is no option for hardship reinstatement. DUI manslaughter also invites permanent revocation. However, the person may be eligible for hardship reinstatement after 5 years if there are no prior DUI convictions. For manslaughter, DUI serious bodily injury, or vehicular homicide convictions, a minimum 3-year revocation is given.

Alcohol related conviction / disqualification for commercial motor vehicles (CMV) are given under s. 322.61, F.S. In these cases, convicted persons are disqualified from operating CMVs for a period of one year (apart from provisions of s. 316.193 for DUI convictions). Second or subsequent convictions would result in permanent disqualification of operating a CMV. There are no provisions for hardship reinstatements. There are also different kinds of convictions for Business Purposes Only/Employment Purposes Only Reinstatements under s. 322.271, F.S. and s. 322.28, F.S.

Driving while the license is suspended or revoked under DUI is guilty of 3rd degree felony if it results in death or serious injury to another person by driving in a careless and negligent manner. The person is punishable by imprisonment for a maximum period of 5 years, a maximum fine of $5000 or both.

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Criminal Record - How to Conduct Free Criminal Background Checks

Checking the background of criminal of your new or even current employee is a vital part of the employment process in order to make sure that you are choosing the right employees to fill the positions you want. Some employers may skip this part because it costs them money but, it is vital and the best thing is that you can conduct it for free too.

Checking the background of your employee consists of checking his criminal history, financial history and basic information. In that way, you will be able to make sure that your employee is trustworthy and dependable. It is also very important to make sure that your employee is clear to deal with children or deal with cash money so, if your employee is going to deal with any sensitive issues then you are sure that he or she is ok to do so.

Now you can conduct free criminal background checks through the internet. It may be a little bit harder than having a paid search but, it is still free. There are several websites for the different courts all over the country. You can check each of these websites to know if there are any existing records for your employee or not. This may be a little bit exhausting but it is still free.

Free criminal background checks are little bit limited but, it is enough for filling simple jobs but, if your employee is applying for a sensitive or a managerial position then it is better to go for a paid criminal record check in order to make sure of the status of your employee.

When you compare free criminal background checks to paid ones, you will see that the paid search gives you much more information than the free one and that is because it is conducted through professional investigators who have access to more information and wider databases.

If you are going to conduct a free criminal background checks or even a paid one then you should get the approval of your new employee for making this search. You have all the right to check the background of the person that you are going to deal with and he or she have the right to give approval for such act or withdraw the job application or modify the information presented earlier.

Make sure that you declare to all your applicants that you are going to conduct free criminal background checks for all of them in order to let them submit the real information about their background.

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A Criminal Defense Attorney Can Help Clear a False Arrest

A criminal defense attorney can help you clear your record in the case of a false arrest. A false arrest means that you were held by force by officers who didn't have the authority to take you into custody. At times people are arrested but found innocent or have had the charges dropped. This is a different situation and doesn't constitute a false arrest.

Police officers are not the only ones who have made a mistake in issuing a false arrest. In fact, they are not the most common culprits. Police officers are usually extremely well versed in the law and are careful to do things by the book. The mistakes are more often made by security guards, security officers and bounty hunters.

Security guards or officers have had problems with improper arrest procedures as they try to protect stores or warehouses from burglary and shoplifting. They may see someone who appears to be preparing to steal items, but until the person tries to leave the premises, they can't be arrested. Some states have made it illegal to conceal merchandise in coats, clothes, etc. while the patron is still shopping, as a way of having more control over theft.

Bounty hunters are allowed to make arrests if they have the proper warrants. Unfortunately, the average bounty hunter can be somewhat of a novice regarding specific legal maneuvering and even a bit of a vigilante, and therefore don't always follow proper procedures. There have even been cases of bounty hunters being charged not only for false arrest but for kidnapping, when they inadvertently tried to bring a suspect to the authorities in an improper manner.

False imprisonment is often confused with false arrest. False imprisonment can occur not only in connection with police officers and jail time, but in ordinary citizens not allowing another person the freedom to exit a car, home, or building. Parents of unruly teenagers have even been charged with this crime after restraining them forcefully or having them snatched away in order to be committed to a reform camp.

A lawful arrest occurs when the police officer has a warrant, when the police officer believes that there is probable cause or when a suspect appears to be trying to escape a crime scene.

If a person is found to be falsely arrested, any evidence or statements made by the suspect may no longer be used in the case. The person falsely accused would have his or her record cleared with a notation that they were, in fact, innocent.

If you have been falsely accused of a crime, a victim of false arrest or involved in a false imprisonment crime, contact a reputable criminal defense attorney. With an expert on your side, your name will be cleared in no time.

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