July 8, 2008

Illinois DUI breath test

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Filed under: DUI attorney Illinois — author @ 3:38 pm

Reader’s Question:

My daughter is in trial right now because of a DUI charge here in Illinois. Aside from the grueling fact that she might be paying a hefty fine, I was told that she would have to install an ignition interlock device in her car if she will be convicted. What is this machine and how much does it cost?

Steve

Naperville, IL

An ignition interlock device measures blood alcohol content (BAC) level of the driver by blowing into it and if alcohol is detected, it prohibits the car from starting. It would also test drivers periodically while the car is running.

The ignition interlock law in Illinois for DUI convicts is being called the most stringent in the country. It was mandated in September 2007 for people with one drunk driving conviction in the state. So even first-time DUI offenders are required to install ignition interlock devices in their vehicles. The Secretary of State’s office will monitor all breath test results from the ignition interlock devices.

Under the new Illinois ignition interlock law, the ignition interlock device would be rented and cost $150 to install. The monthly fee would be $100, just another reason to not drive under the influence of drugs or alcohol. This monthly cost would cover monitoring by the Secretary of State’s office and the ignition interlock manufacturer.

Illinois DUI for minors

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Filed under: DUI attorney Illinois — author @ 2:25 pm

Reader’s Question:

My 17-year old son was arrested a little over a week ago and was charged with DUI here in Illinois. What is the underage drunk driving law here in Illinois? Will my son go to jail?

Jerome

Rockford, IL

Drinking and driving is a high risk proposition for someone under the age of 21. Even if the blood alcohol content (BAC) is under the legal limit of .08 percent that only applies to drivers over the age of 21.

In the state of Illinois, your son might be facing a harsh sentence. If he will be convicted with DUI, he will face consequences for his actions.

His driver’s license will be revoked for a minimum of two years but he may be issued a restricted license after one year. He may be fined up to $2500 and will serve a jail sentence of up to one year. He may also be directed to join a Youthful Intoxicated Driver’s Visitation Program.

The sentence may seem unpleasant for someone who is under 21 but the law aims the threat of losing the freedom to drive for two years would convince people under 21 to not drink and drive.

July 7, 2008

Illinois DUI first offense

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Filed under: DUI attorney Illinois — author @ 11:02 pm

Reader’s Question:

I was charged with DUI here in Illinois. This is my first offense and I swore that this would never happen again. Do I have high chances of winning my case? Will my record ever be clear again?

Noah

Waukegan, IL

A DUI charge in Illinois does not necessarily lead to automatic convictions because there may be weaknesses in the state’s case against you. Potential DUI challenges may include challenging your initial arrest, your blood alcohol test results, your questioning and the testimony of the arresting officer. Your Illinois DUI lawyer could help you get out of the courtroom clear. But if in any case that you do not win the case, your lawyer could be able to plea bargain for a lesser charge or a less severe penalty.

Should you be convicted of DUI, you can clear your record by seeking a new trial following your DUI conviction. If you are later found not guilty on your second trial, your conviction will be cleared and the legal effect is that as if you were never convicted. If in any case that you don’t win your second trial, you are eligible to appeal your DUI conviction.

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