In Illinois, the first offense of Driving Under the Influence may be punishable with up to one year in jail or up to a $2,500 fine. If you are charged with DUI, the State must prove two elements beyond a reasonable doubt: 1) Drinking and 2) Driving.

To prove drinking, the State must show that you were over the legal limit of .08, and that this impaired your driving. The first question is whether you took the breathalyzer. If you were wise, you may have refused. If you refused, did you then perform any field sobriety tests? If not, you could still be charged with a DUI based on what the police observed, but it may be that much harder for the State to prove your impairment at trial.

Suppose you turned down the breathalyzer but you performed the field sobriety tests? You may still have a defendable case. Many police cars now video their encounters with potential offenders. After watching the video, how well did you perform? Some defendants manage to hold their leg up fairly steadily and to walk a fairly straight line. If you did well, the state might have a tough time proving you were guilty of DUI.

What if you took the breathalyzer and blew over the limit? If you did not blow too far above .08 legal limit and/or your field sobriety tests looked good, you may still be able to defend your case. The state must show that your driving was impaired. If everything else looks good including your driving when the police pulled you over, then you might still win. Furthermore, in the State of Illinois, a breathalyzer machine is considered accurate if it registers within .009 of the actual result. Therefore, if you blew a .087, there may be some question about whether you or the breathalyzer device were over the limit.

What if your breathalyzer result was way over the legal limit? Then, you may still have a defense based on the element of driving. How were you pulled over? Did the police have probable cause to stop you? If you were obeying all traffic laws and you were the target of a random stop, you may be able to quash your DUI based on a lack of probable cause.

What if you were in an accident and the police were summoned after the crash? Someone has to testify that you were behind the wheel of the car. The state will have a harder time proving your DUI if no one actually saw you driving the car.

But what if the police legitimately followed you and observed you commit a traffic offense such as blowing a stop sign or weaving all over the lane? And then you blew a high breathalyzer and trashed your field sobriety tests? At this point, your case may no longer beatable. A skilled attorney, however, may help you negotiate a more favorable plea agreement.

If you have questions about a DUI or other criminal matter in the Skokie, Rolling Meadows, Maywood or other Chicago-area courthouse, please do not hesitate to contact Matt Keenan at 847-568-0160 or by emailing matt@mattkeenanlaw.com. Also, visit our website at http://www.mattkeenanlaw.com or our DUI blog http://duilawyerskokie.com

(Besides Skokie, Matt Keenan also serves clients in the communities of Arlington Heights, Buffalo Grove, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Highland Park, Kenilworth, Morton Grove, Mount Prospect, Niles, Northbrook, Palatine, Park Ridge, Rolling Meadows, Schaumburg, Wilmette and Winnetka.)

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Unfortunately, an officer pulled you over. Now, you are charged with an alcohol-related driving offense and face the suspension of your driver’s license.

Under the Zero Tolerance policy, the Illinois Secretary of State will automatically suspend the license of any driver under age 21, who has been caught drinking or even carrying open alcohol in the passenger compartment of their car. You need not be anywhere close to the .08 breathalyzer limit to lose your license. Any trace of alcohol in your system is enough, even a .01 reading.

You may also lose your license for having open alcohol in the passenger section of your car, even if the bottle wasn’t yours. If it is your bottle, you face a charge of illegal possession. But if it is not, you can still be charged with illegal transportation, causing the loss of your license for 12 months on a first offense.

If you are under the age of 21 and have been charged with an alcohol-related crime, you should immediately seek the advice of an attorney. You may be able to contest the charges against you. Maybe the officer lacked the probable cause to pull you over. Maybe you can negotiate a plea to a lesser offense.

Even if you are convicted of an alcohol-related offense, you may be able to obtain a restricted driving permit. The Secretary of State allows you to request a hearing to determine if you have a sufficient hardship to grant the permit. Primarily, permits are granted to allow you to go to work or to obtain medical care.

If you have been charged with a crime, it is essential that you not speak about these charges with anyone, either in person or through electronic means such as twitter or Facebook. Any statements you make to the police or a friend can come back to hurt your defense.

If you have questions about your situation, feel free to contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com

See our related DUI blog at http://duilawyerskokie.com.

(Besides Skokie, Matt Keenan also serves clients in the communities of Arlington Heights, Buffalo Grove, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Highland Park, Kenilworth, Morton Grove, Mount Prospect, Niles, Northbrook, Palatine, Park Ridge, Rolling Meadows, Schaumburg, Wilmette and Winnetka.)

The post “THEY SUSPENDED MY LICENSE!”: ALCOHOL AND THE UNDERAGE DRIVER appeared first on A SKOKIE CRIMINAL LAWYER EXPLAINS THE LAW 1-847-568-0160.

Can you be charged with and/or convicted of DUI when you are below the legal blood alcohol limit? The answer is yes. In Illinois, the state’s blood alcohol limit of .08 only represents a presumption that you have been driving while intoxicated. While a breathalyzer reading below .08 can help disprove a presumption of drunk driving, it does not prevent the State from relying on other evidence such as slurred speech, inability to walk a line, glassy eyes and erratic driving.

Can you still fight the charges? Absolutely. The State has the burden to prove a DUI beyond a reasonable doubt. An experienced attorney can help probe the weaknesses in the state’s case and improve your chances of obtaining a not guilty verdict.

Even if your breathalyzer is at or just slightly over .08, you may still be able to fight a charge of drunk driving. Once again, the .08 limit is only a legal presumption. An experienced attorney may help you present other evidence to show that your driving was not impaired.

If you have questions about your situation, feel free to contact Matt Keenan at 847-568-0160 or matt@mattkeenanlaw.com for advice.

See our related DUI blog at http://duilawyerskokie.com.

The post BUT I WAS BELOW THE BLOOD ALCOHOL LIMIT!: HOW YOU CAN STILL BE ARRESTED FOR DUI EVEN WITH A BREATHALYZER UNDER .08 appeared first on A SKOKIE CRIMINAL LAWYER EXPLAINS THE LAW 1-847-568-0160.

Prior to this year, first time DUI offenders could request a Judicial Driving Permit in order to drive to work. The permit outlined specific routes and times to drive. The new MDDP allows a driver to use the car at any time and drive anywhere once a Breath Alcohol Ignition Interlock Device (BAIID) is installed.

When you are charged with a DUI, the Secretary of State automatically suspends your driver’s license for a certain period. The new law has doubled these time periods. Your license is suspended for 6 months if you do take the breathalyzer and 12 months if you don’t. Please keep in mind that an experienced attorney may be able to fight a driving suspension, and that if you have been drinking, you will have a greater chance of winning your case if you refuse the breathalyzer.

To qualify for an MDDP, you must be a first offender for a DUI with no previous conviction or supervision for DUI within the last five years. You must be at least 18 years old and have an otherwise valid driver’s license. Your DUI must not have resulted in death or great bodily harm and you cannot be previously convicted of reckless homicide or aggravated DUI involving death.

Once the Judge approves your MDDP, you must pay to have the BAIID installed on your car. You must then pay up to $30 per month to the Secretary of State for administration. The entire Secretary of State fee is due up front. Then you must pay a private company for installation at an average cost of $150 with average monthly fees of $115.

The BAIID operates like a portable breathalyzer machine. You must blow into the BAIID before starting the car. The BAIID analyzes your alcohol level and will not let you start the car unless you are below .025. (The legal limit in Illinois is .08) The BAIID records its activity.

The BAIID also requires that you perform a retest at random intervals. If you fail the retest while driving, your car will begin honking repeatedly to alert law enforcement. The car also honks if you tamper with the BAIID.

Other rules include taking your BAIID-car for retesting within 5 days upon notice and at least every 30 days, or you will be permanently locked out. You must keep a journal of problems with using the BAIID including any failures to pass a test or retest.

If you have any question about the new rules, feel free to contact me or another attorney. You can reach me at matt@mattkeenanlaw.com or call 847-568-0160. Also see our related DUI blog at http://duilawyerskokie.com

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