Law Offices of Tedone and Morton, P.C.

Joliet Office

815-666-1285

Plainfield Office

815-733-5350

Will County DUI defense attorneyWith hundreds of drunk driving-related deaths and thousands of DUI-related arrests per year in Illinois alone, it is easy to see why DUIs are taken seriously in this state. If you have been pulled over and charged with driving under the influence, your best bet is to seek legal counsel immediately. An experienced DUI attorney can help you figure out your best options for beating the charge or assist you in reducing the charges if you cannot avoid prosecution altogether.

A Few Facts About Driving Under the Influence

  • In Illinois, anyone driving a regular car, truck, motorcycle, or other motor vehicle with a blood alcohol content (BAC) at 0.08 or above is considered to be driving under the influence.
  • For commercial drivers, the legal limit is 0.04.
  • Illinois law states that there is “zero tolerance” for minors under the age of 21 and school bus drivers, meaning it is illegal to have any alcohol at all in their systems while driving.
  • People can also be charged for driving watercrafts and snowmobiles while under the influence of drugs or alcohol.
  • First offenders may face less severe charges than those with previous DUI convictions.
  • DUI resulting in injury or death will result in greater punishment than a DUI without harm done to others.

What Kinds of Penalties Will I Face for DUI?

A first or second DUI can result in up to a year in jail and fines of as much as $2,500. Your driver's license may be revoked for at least one year (or two years or more if you are under age 21) for the first DUI and five or more years for a second DUI. A third DUI brings a minimum of 10 years without a license, three to seven years in jail, and up to a $25,000 fine, along with mandatory community service. If you have more than three DUI convictions, you may lose your license for life. You may be facing up to 14 years in prison for a DUI resulting in a death, or up to 28 years if there is more than one fatality.

In addition to legal costs, if your DUI incident involved property damage, injury, or death, you will likely be required to provide reimbursement for repairs or property replacement, medical bills, and much more. By working with an attorney, you can understand what you are facing and how to best handle the situation from a legal standpoint.

Contact a Joliet Attorney to Fight Your DUI Charges

Do not leave your drunk driving case to fate, or it may end up affecting every aspect of your life. If you have been arrested for DUI, do not hesitate to contact a Will County DUI defense attorney. Call 815-666-1285 to set up a free consultation today and learn about your options for defense.

Sources: https://www.bizjournals.com/chicago/prnewswire/press_releases/Illinois/2018/03/23/UN47609

https://www2.illinois.gov/ilcc/Education/pages/under21laws.aspx

https://www2.illinois.gov/ilcc/Education/Pages/BASSET/Program-Laws-and-Penalties.aspx#Driving

Joliet felony DUI defense lawyersWhile the courts tend to be fairly lenient on first- and even second-time DUI offenders, typically classifying them as misdemeanors and offering the defendant the option of court supervision, fines, and community service in lieu of jail or prison time, they are not so understanding toward repeat offenders. Drivers who commit a serious crime while intoxicated, such as killing someone in a hit-and-run accident or driving with a minor child in the car, may also face heightened penalties in court. These situations, and others, are examples of situations that may lead to a felony DUI in the state of Illinois.

What Constitutes a Felony DUI in Illinois?

In the state of Illinois, a third or subsequent DUI is considered a felony - and the more DUIs you have, the more severe the penalties typically are. For example, a third or fourth offense DUI typically results in a Class 2 felony charge, while a fifth DUI is generally classified as a Class 1 felony. The latter typically results in heftier penalties for those who are convicted of their charges. Other situations that may lead to a felony DUI include:

  • DUIs committed in school zones while the speed limit is restricted;
  • DUIs that reseal in great bodily harm, or permanent disability or disfigurement;
  • DUIs committed without a valid driver's license, insurance, or registration;
  • DUIs that result in the death of another person;
  • Second (or subsequent) DUI committed while transporting a child under the age of 16;
  • DUIs committed while driving on a suspended or revoked license;
  • DUIs that occur after a reckless homicide conviction; and
  • DUIs committed after a conviction for aggravated DUI involving the death of another person.

Examining the Potential Consequences of a Felony DUI Conviction 

While the penalties of a felony DUI conviction will vary, depending upon the exact circumstances of each case, individuals can be almost certain that there will be jail time involved. In fact, the courts will generally impose a sentence of 3 to 7 years of prison time for a third DUI conviction - potentially even longer if there are aggravating factors in the case (i.e. driving a school bus, driving with a minor in the vehicle, causing death or severe bodily harm to another person while committing a DUI, etc.). By the time a person reaches their sixth or seventh DUI, they could be looking at up to 30 years in prison - if not more.

Our Joliet DUI Defense Lawyers Provide Aggressive Legal Defense 

When you are facing the possibility of a felony and the resulting consequence of jail time, you need an aggressive DUI defense lawyer to work in your favor. Skilled and experienced, the Law Offices of Tedone and Morton, P.C. offer the personalized, solutions-based services that you need. Schedule a free consultation with our Plainfield DUI defense attorneys by calling 815-733-5350.

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501

https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_a118.pdf

Illinois DUI defense lawyersDriving under the influence is considered a crime in the state of Illinois, and it carries heavy penalties for anyone who is convicted. When a minor passenger is involved, those consequences can become even greater. Learn more about the penalties of driving under the influence with a child in the vehicle, and discover how a seasoned criminal defense lawyer can help to improve the outcome in your Illinois drunk driving case.

What Classifies as a Child Passenger?

Illinois state law defines a minor as any child under the age of 16. As such, any child that is 15 or younger can lead to elevated charges in a DUI case. It is important to also note that the driver's relationship to the child is irrelevant in such cases. Instead, only the child's age is considered.

DUI Charges for Drivers with Child Passengers

Drivers who have a responsibility to safely transport children (i.e. school bus drivers) are held to a much higher standard than other drivers, so they may face penalties for any amount of alcohol in their bloodstream. For all other drivers, charges do not typically occur unless the driver registered with a BAC of 0.08 or more. However, it is important for drivers to keep in mind that there are still scenarios in which a charge may occur, even at a BAC that is lower than 0.08. For example, a driver that is under the legal drinking age (under the age of 21) can be charged with a DUI for a BAC that registers at 0.04 or higher.

DUIs with Minor Passengers Result in Elevated Charges and Consequences

The state of Illinois can convict even first-time DUI offenders with a Class A misdemeanor, which typically results in a suspension of one's driving privileges for at least one year. If a minor passenger was present at the time of arrest, that charge may also include up to a 6-month jail-term, a mandatory minimum fine of $1,000, and up to 25 days of community service. If the arrest involved a crash in which a minor passenger was injured, the charge may be elevated to an Aggravated DUI (a Class 4 felony). Convicted individuals may face a loss of their driving privileges for ups to two years, jail time, a fine of $2,500, and 25 days of community service. Subsequent convictions involving minor passengers may be elevated to a felony, as may any accident involving the death of a child passenger.

Contact Our Joliet DUI Defense Lawyers for Aggressive Legal Representation

If you or someone you love is facing a DUI charge involving a minor passenger, it is critical that you seek seasoned and aggressive legal assistance. With more than 60 years of experience in the Joliet and Plainfield areas, the Law Offices of Tedone and Morton, P.C. are the ones to call. Schedule your free initial consultation with our Will County DUI defense lawyers by calling 815-666-1285 today.

Source:

https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_a118.pdf

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Illinois DUI defense lawyerYour blood alcohol concentration, or BAC, is a measurement of the amount of alcohol in your blood stream. It is also what states use to create legal driving limits. For Illinois, that legal limit is 0.08 percent for most drivers, 0.04 percent for commercial drivers, and 0.00 percent for anyone under the age of 21. Unfortunately, few drivers know their actual BAC before they get behind the wheel. Instead, most use their judgment to determine when they are sober enough to drive. Learn why it may not be enough to avoid criminal DUI charges.

Factors that Determine BAC As a general rule, the body can metabolize about one drink per hour (12 ounces of beer, 5 ounces of wine, or 1.5 ounces of 80-proof liquor). However, several factors can change the rate. For example, women often metabolize alcohol slower than men. Genetics and your weight can also have an impact, as can the health of your liver. The amount you drink and the speed at which you drink are also determining factors. The contents of your stomach – particularly the amount of food you eat before drinking – can also affect your body's alcohol metabolism rate. Even more perplexing is that the body may metabolize alcohol faster one day, but slower another. Peak BAC times, which can range anywhere from minutes to hours, may also change, depending on your body's metabolic rate for that day. In short, it can be difficult to determine your BAC formulaically. As such, it is encouraged that you avoid trying to guess your BAC and, instead, choose to play it safe after a night out with friends, family, co-workers, or others. Your BAC and Driving If you plan on drinking, it is advised that you assign a designated driver, call a rideshare, or take public transit. However, you can also stop drinking at a specific time and then wait for yourself to sober up. Keep in mind that this option is rarely your best option, and it should only be used if you plan on only drinking a small amount - no more than one or two drinks over several hours, especially since it could take a minimum of two hours to metabolize two drinks (possibly more). Anything more and it might be better if you find an alternative form of transportation. Driving While Under the Influence Unfortunately, some people are not aware of how their body metabolizes alcohol, or it may metabolize it differently than it usually does. Others may assume they have sobered up enough to drive, but end up being wrong. In either case, the driver may be at risk for a DUI charge. If one happens to you or someone you love, know your rights – particularly your rights to remain silent and your right to obtain legal counsel. The Law Offices of Tedone and Morton, P.C. have your best interest in mind. Dedicated and experienced, our Plainfield DUI defense lawyers will protect your rights and aggressively pursue the most favorable outcome in your case. Learn more about how we can assist with your DUI charges. Call 815-733-5350 and schedule your personalized consultation today. Sources:

http://mapi.betterhealth.vic.gov.au/saywhen/know-the-facts/alcohol-and-driving-blood-alcohol-concentration

https://www.usi.edu/rfw/aod/know-the-facts-alcohol/

Illinois DUI defense attorneyDriving under the influence can land you in a lot of legal trouble, but there are other potential consequences that one should be aware of before getting behind the wheel. Accidents are common for intoxicated drivers, and those that have someone with them could pay the ultimate price: the death of a loved one. Then, to make matters worse, there may be criminal charges associated with both the crash and the death. Learn how a criminal defense lawyer can help you fight the charges, and why it is worth pursuing.

Overcoming the Guilt

Perhaps the most difficult aspect is not the criminal charges themselves, but the grief and self-blame that may stem from the death of your loved one. Perhaps you feel as though you deserve the consequences that come your way. Alternatively, you may not care or you may feel as if you do not have the energy to fight back. Either way, it is important to remember this: your loved one would not want you in jail.

Your loved one would not want you to pay with your own life – either in quality or in quantity. Also remember that the facts, as they have been told to you, may not be fully accurate. It is possible that your chemical test was faulty, or that the crash was actually someone else's fault. So do not simply accept the consequences. Make a vow that you will strive to move forward, if for no other reason than to honor the memory of your loved one.

Death in a DUI Crash

Any DUI can result in jail time, fines, license suspensions, and other consequences. However, those that involve the death of another person are often treated more severely. There may be elevated charges and consequences, even if it is your first offense. In fact, there have been cases in which first-time DUI drivers have been charged with felony offenses because someone died in a crash. Do not let this happen to you. Fight back with help from an experienced lawyer.

How an Attorney Can Help

Because each situation is unique, it is critical that you contact an attorney about your case as soon as possible. Doing so can ensure your lawyer has time to strategize, and it can reduce the risk of you saying or doing something that may compromise your case. They can also protect your rights, ensuring you are treated fairly throughout the entire process.

When you need an aggressive advocate on your side, contact the Law Offices of Tedone and Morton, P.C. for assistance. Our seasoned Joliet DUI defense lawyers will fight for the most favorable outcome in your case. Learn more by scheduling a personalized consultation. Call 815-733-5350 today.

Source:

http://www.pantagraph.com/news/local/crime-and-courts/woman-faces-felony-dui-in-husband-s-death/article_2991692e-4e55-5197-a155-4e0698d949a6.html

https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_a118.pdf

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