Law Offices of Tedone and Morton, P.C.

Joliet Office

815-666-1285

Plainfield Office

815-733-5350

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Will County drunk driving defense attorney

Driving under the influence of alcohol or drugs is always dangerous, and it can lead to victims being injured or killed in car accidents. Drunk driving can lead to many serious punishments, even for a first offense, including loss of driving privileges, prison time, and costly fines. Drivers who are convicted of multiple DUIs may face felony charges. The state of Illinois has a "Zero Tolerance" law for minors -- those under the legal drinking age of 21 years -- who drive impaired. This means that an underage driver who is caught driving with any trace of alcohol in his or her system can be charged with DUI, even if his or her BAC is less than .08 percent. As for adults, multiple DUI convictions carry even harsher criminal penalties.

DUI Punishments for First and Subsequent Offenses

First and second DUI convictions are charged as a Class A misdemeanor, but first offenders are given less harsh punishments than second offenders. For a first DUI conviction, a driver will face revocation of their license for one year, possible community service hours (100 in total), and fines up to $2,500, depending on the nature of the offense.

Second DUI convictions are given punishments of mandatory prison time of five days or 240 hours of community service. On top of that, drivers will have their license revoked for five years if their second conviction falls within 20 years of their first.

Subsequent DUI convictions are classified as aggravated DUIs and are punished by:

  • Third conviction: A Class 2 felony punished with revocation of driving privileges for 10 years. Depending on the nature of the offense, drivers could also face a prison term of up to 90 days and fines up to $25,000.

  • Fourth conviction: A Class 2 felony punished with permanent revocation of driving privileges and possible fines up to $25,000.

  • Fifth conviction: A Class 1 felony punished with permanent revocation of driving privileges and possible fines up to $25,000.

  • Sixth conviction: A Class X felony punished with permanent revocation of driving privileges and possible fines up to $25,000.

Whenever a child is a passenger during a DUI incident, the driver may also be required to complete a certain amount of community service hours with an organization that benefits children.

Other Consequences Resulting from DUI

Unfortunately, drivers who travel impaired may not notice other motorists sharing the road, and devastating collisions can occur. If a victim is killed after being hit by a drunk driver, the offense will be charged as reckless homicide. If convicted, the driver will face a minimum of two years in prison and possibly more, depending on the circumstances of the incident. 

Drivers convicted of DUI can face many other consequences to their life, such as the following:

  • A DUI conviction stays on a driver’s permanent record.

  • The driver could miss work if he or she cannot drive and possibly lose his or her job.

  • The driver may be required to drive with a restricted license and/or utilize a Breath Alcohol Ignition Interlock Device (BAIID).

  • The driver may be required to carry high-risk auto insurance for three years.

  • The driver can have his or her vehicle registration suspended.

A DUI offender can also see his or her car impounded if he or she drives drunk without insurance, without a valid license, while his or her driver's license is suspended, or with a previous reckless homicide conviction.

Contact a Joliet, IL Criminal Defense Attorney

Driving drunk is never a good idea, because it can lead to serious ramifications, including fatal accidents. However, depending on the circumstances of the traffic stop, a driver may face charges that are based on insufficient evidence or improper police procedures. The skilled legal team from the Law Offices of Tedone & Morton, P.C. can help defend against any charges that violate a driver’s rights. To schedule a free consultation with our diligent Will County DUI defense lawyers, call our office today at 815-666-1285.

 

Source:

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

 

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Will County underaged drunk driving defense attorney

The state of Illinois has serious consequences for those who drink and drive. When a minor under the legal drinking age of 21 decides to operate a vehicle while intoxicated, they may face severe punishments that can have a lasting effect on the young person’s life. Illinois has a "Zero Tolerance Law" for underage drinking and driving. Under this law, a minor driver who is found with any amount of alcohol in their system will have their license suspended and will have to take a driving course before having their driving privileges reinstated. Even those minors who are caught attempting to purchase alcohol with a fake ID can suffer consequences.

Illinois Zero Tolerance Law

A conviction under the Zero Tolerance Law may not lead to punishments that are as serious as those for a regular DUI conviction. However, if a minor is stopped under suspicion of drunk driving, the officer who makes the stop can decide which charges will apply: DUI, Zero Tolerance, or both.

A driver under the age of 21 who is convicted under the Zero Tolerance Law will have their driving privileges suspended for three months for a first offense and one year for a second offense. DUI convictions can lead to:

  • First conviction: Revoked driving privileges for a minimum of two years

  • Second conviction: Revoked driving privileges for a minimum of five years

During a traffic stop, the minor driver may be asked to submit to a roadside breathalyzer test or field sobriety tests. These tests may be used to establish probable cause to make an arrest. Following the arrest, the driver will be asked to submit to a chemical test of their blood alcohol content. If they refuse, driving privileges will be suspended for six months for a first offense or two years for a second offense.

Other Offenses That Can Lead to Suspended Driving Privileges

It is tempting for minors to want to drink alcohol before their 21st birthday. However, Illinois law clearly states that if a minor attempts to purchase alcohol with a fake ID, they will have their driving privileges suspended. Loss of driving privileges can also occur if the underaged person is caught possessing alcohol either in or out of a motor vehicle. If a minor is convicted of the illegal purchase, possession, receipt, or consumption of alcohol, the penalties are as follows:

  • Six-month driver's license suspension for first offenses;

  • One-year driver's license suspension for second offenses; and

  • Revocation of driver's license for subsequent offenses.

When the suspension term is up, a driver will have to complete a remedial driving course before being issued a new license. In some cases, the driver will have to retake a driver’s education course and final exam before earning their new license.

Contact a Joliet, IL Criminal Defense Lawyer

Minors are not the only ones to blame for a Zero Tolerance and/or DUI conviction. Parents can face consequences if they knowingly allow their child to drink alcohol and then let them get behind the wheel of a car. Everyone involved can have their lives altered after a DUI conviction. This is why having a knowledgeable lawyer from Tedone & Morton, P.C. in your corner is important when facing criminal charges. Our Will County underage DUI defense attorneys will be able to build a strong defense strategy and help keep your minor child’s driving privileges intact. To schedule a free consultation, call our office today at 815-666-1285.

 

Source:

https://www.cyberdriveillinois.com/departments/drivers/traffic_safety/DUI/uselose.html

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

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Joliet, IL DUI defense attorney

Several things happen when a driver is pulled over under suspicion of driving under the influence in Illinois. After the police officer approaches the car, he or she may observe any unusual behavior or appearance of the driver. Officers will look for signs of drunkenness, including blood-shot or watery eyes, slurred speech, and the smell of alcohol. If the officer suspects impairment, he or she will ask the driver to exit the vehicle to perform a DUI field sobriety test. The officer can also administer a chemical test, but most of the time that kind of test is performed after a driver is taken into custody on suspicion of DUI and arrives at the police station.

What Types of Field Sobriety Tests Are Performed?

An officer may ask a driver to perform several different tasks during a field sobriety test, such as counting by fives or reciting the alphabet backward. However, there are three main types of standardized field sobriety tests that are recognized by the National Highway Traffic Safety Administration (NHTSA):

  1. The Horizontal Gaze Nystagmus (HGN) Test: In the HGN test, the officer holds up a finger or pen and moves it back and forth, asking the driver to follow it with his or her eyes only. If there is substantial jerking of the eyes, or if the driver cannot follow the movement, the driver fails the test.

  2. The Walk-and-Turn Test: The driver is asked to take nine steps in a straight line before turning and taking another nine steps in the opposite direction. An officer is looking for lack of balance during the walk. If the driver has to stop to regain his or her balance at any time, uses his or her arms for balance, or takes the wrong amount of steps during the test, the driver fails the test.

  3. The One-Leg Stand Test: The officer will ask the driver to stand on one leg and count up from 1,000 until he or she is instructed to put his or her foot back down. If a driver loses balance or has to put his or her foot down before the test is over, the driver fails the test.

Since these tests are performed on-site at the stop, usually on a sidewalk or empty street, there are several factors that could make them inaccurate, which is why a driver may refuse to perform the tests. For example, even a sober person is likely to fail these tests if he or she suffers from a certain physical disability or a mental disorder that would prevent him or her from doing the tasks correctly. 

These tests may also be unreliable because of conditions at the testing site that could factor into a sober driver failing the sobriety test. If the pavement is wet or icy, this could throw off a person’s balance while performing the one-leg stand or the walk-and-turn tests.

Refusing a field sobriety test will typically result in the officer taking the driver into custody and performing a chemical blood alcohol test. The chemical test can also be refused, but the officer will then typically obtain a warrant for the test to be taken. The Illinois Secretary of State automatically suspends a motorist’s driving privileges for refusing to submit to chemical testing.

Contact a Joliet, IL DUI Defense Attorney

Driving under the influence of drugs or alcohol is a serious crime in Illinois. There are several consequences for a conviction, including loss of driving privileges and hefty fines. If you believe your rights may have been compromised during a traffic stop or field sobriety test, hire a lawyer from the Law Offices of Tedone & Morton P.C. to build your defense. To schedule a free consultation with a Will County criminal defense lawyer, call 815-666-1285.

 

Sources:

https://www.alcohol.org/dui/field-sobriety-test/

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

 

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Getting arrested for a DUI in Illinois can, undoubtedly, result in a DUI conviction. It is not necessarily the only charge you will face, though. In fact, a single DUI arrest can result in multiple charges. Some can result in serious consequences. If you or someone you love was recently arrested for driving under the influence, the following can better help you understand the situation and possible consequences. You can also learn how to fight the charges, and where to find assistance for your case.

Situations That May Lead to Multiple Charges

Not every DUI case will result in multiple charges, but those that do typically have either additional moving violations (i.e. speeding, driving on a suspended license, etc.) or an element of harm to another road user. However, you can also receive additional charges if you have minor passengers in your vehicle, or were operating a commercial or transit vehicle at the time of your arrest. Further, charges may be added if you have created property damage in an automobile accident and were allegedly intoxicated at the time.

Possible Consequences of Additional Charges

The potential consequences of an additional charge will depend greatly upon the charge itself. Many are classified as felony charges, which tend to carry heavier penalties. First, there is the risk of spending a year or longer in prison. Second, a conviction means a permanent scar on your record - one that could place your future at risk. You may struggle to obtain housing and employment, and could have your license suspended for a significant period of time. Lastly, additional charges may result in monetary fines and restitution to victims.

Fighting Your Charges with Quality Legal Defense

Regardless of the evidence against you, or the situation you are facing, it is possible to fight back against the charges. You should avoid trying to do so alone, however. Instead, contact an experienced criminal defense lawyer who can help to mitigate the charges on your behalf. In some cases, it may even be possible to have the charges completely dismissed. You will never know, though, if you do not take the first step.

If you or someone you love has been arrested on a DUI or other charges, the Law Offices of Tedone and Morton, P.C. is the name to remember. Seasoned and committed, our Joliet criminal defense lawyers will fight to help you avoid the consequences of criminal charges. We defend your rights, interests, and future. Schedule a consultation to learn more. Call 815-666-1285.

Source:

http://www.daily-journal.com/news/crime/multiple-charges-in-dui-crash/article_a8fdd1be-9ca8-5412-a5d9-a674f6f22fc5.html

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