Illinois DUI Field Sobriety Tests
Reader’s Question:
A friend of mine is suffering from vertigo which is a type of dizziness. He was arrested for DUI in Illinois and failed the field sobriety tests. My assumption is that he cannot perform the tests well because of his health problem. Can he actually use this as a defense?
Warren
Decatur, IL
The walk and turn and the one leg stand are two of the three Standardized Field Sobriety Tests (SFST’s) which are premised on the assumption that people who are not under the influence of alcohol or drugs can perform the tests satisfactorily. But a lot of people do not have particularly good balance and there are also those who suffer from a balance disorder.
An individual has difficulty maintaining orientation when balance is impaired. An example is that the individual may experience the “room spinning” and may not be able to walk without staggering or may not even be able to arise. A symptom which a person with a balance disorder may experience a sensation of dizziness or vertigo. Some reactions to this symptom are depression, decreased concentration and fatigue. This symptom may last for a longer period of time or appear and disappear over short time periods. Since vertigo is usually associated with a problem in the inner ear balance mechanisms, this may greatly affect the results of walk and turn and one leg stand. Thus, your friend can use that as a defense in his DUI charge in Decatur, Illinois.
Chicago Illinois DUI Lawyer -Or Free Public Defender?
Reader’s Question:
I was charged with DUI in Chicago, Illinois and I was advised that I should get a DUI lawyer. But why would I get a DUI lawyer that I need to pay when I can get a Public Defender for free?
Finley
Chicago, IL
By the very nature of Chicago, Illinois Public Defenders, they tend to juggle numerous cases across a broad spectrum of crimes. They might not be prepared for all technicalities, scientific aspects and delicate intricacies regarding complications of a DUI case. You also need to prove impoverishment for you to qualify for the services of a Public Defender, who will be assigned to a specific courtroom to manage all of the cases that day for the impoverished defendants who did not retain a lawyer to represent them in court.
Your DUI case would just be one of many. Hiring a private DUI lawyer who devotes his or her entire practice in defending DUI cases will provide you with the most experienced and qualified legal defense when you are facing the serious implications of drunk driving charges. A Specialized DUI lawyer would not allow you to plead guilty, rather, will thoroughly investigate your case and he or she would be in the courtroom for the sole purpose of defending you.
Illinois DUI Record Expungement
Reader’s Question:
My brother has a DUI conviction in Illinois and I have been doing several researches about the DUI state laws. I came across some information about clearing a DUI record. Is it true that he can have this DUI conviction completely erased?
Nadine
Schaumburg, IL
Your brother’s DUI conviction in Illinois does not have to haunt him for a lifetime. In fact, he can expunge his criminal records, remove all his record of a past arrest and he can move on with his life and put those past transgressions behind him.
Your brother can obtain an expungement after he has completed supervision, and waited for the obligatory statutory period of time to expire. When this occurs, his DUI lawyer can file a petition with the State’s Attorney, the clerk’s office, the local arresting agency, and the State Police stating that he intends to expunge his arrest records. The police will have the opportunity to present any objections they may have to the court, and the court can either deny or grant the petition. In the event the court denies his petition, he can appeal to a higher court. One more thing is that the only way to get a conviction off of his record is to petition for executive clemency. His DUI lawyer should have experience in executive clemency and will petition the Governor’s office through the Illinois Prison Review Board. Clemency does not erase the crime, though, rather it simply forgives it, so that the conviction may no longer be used against him.
Illinois DUI Help
Reader’s Question:
My sister has just been charged with DUI here in Illinois. I have heard so many things about DUI such as all people accused of DUI are guilty, DUI is a minor offense, that any lawyer can defend a person charged with DUI, DUI cases cannot win and that a DUI case is similar to any other case? Which of these things about DUI are true?
Lindsay
Arlington Heights, IL
There many myths surrounding DUI cases at present. If you want your sister to increase her chances of winning her DUI case in Arlington Heights, Illinois, don’t believe in any of these things. It is not true that all people accused of DUI are guilty. It should always be remembered that a person is “innocent until proven guilty.”
It is also definitely not true that DUI is just a minor offense. DUI is a criminal offense that can escalate into a bigger crime, especially when injury or death is the result of an act. DUI can even send the offender to jail.
Regarding what you heard that any lawyer can defend a person charged with DUI, this is actually always not the case. There are many lawyers who specialize in DUI case. They can help your sister better than other lawyers who are just general practitioners of law.
It is also not true that DUI cases cannot win. Please, don’t ever believe this. A good Illinois DUI lawyer can help your sister win her DUI case, provided there is enough evidence to defend her. The last thing that you mentioned that a DUI case is similar to any other case is also not true. A DUI case is being surrounded by different circumstance and requires different types of evidence. The outcome of the case cannot be predicted but a good DUI lawyer can increase your sister’s chances of winning.
Illinois DUI – How Much Does Ignition Interlock Cost?
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 Lawyer For Teen Driver
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? Should I hire a DUI lawyer to fight the charge?
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.
Illinois DUI Charge For First Offense – What Will Happen Next?
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.
Stopped For Drunk Driving in Illinois – DUI Eye Test?
Reader’s Question:
When the Illinois officer stopped me one time when I was driving I noticed that the officer made me to follow a penlight with my eyes to the left and right? Why is that?
Elena
Chicago, IL
Hi Elena, the test that the police officers performed when they stopped you in Illinois is called the horizontal gaze Nystagmus test. For quite sometime, Illinois police officers have utilized definite voluntary tests to decide probable intoxication of drivers stopped on suspicion of a DUI. The tests mottled widely in the past. No research was accessible to establish the fairness of these tests in knowing the level of intoxication. The Illinois National Highway Traffic and Safety Administration explored these tests in 1977 and 1981 and determined a satisfactory test that could fairly dependable to know a driver’s intoxication level.The Nystagmus test is a practically a recent improvement in DUI investigation. The Louisiana police officer will make an effort to make an educated guess the position at which the eye begins to jerk; if this happens sooner than forty five degrees, it hypothetically designates a blood alcohol level over .05%. The smoothness of the eye’s tracking the penlight is also a factor, as is the kind of jerking when the eye is as distant to the side as it can go.This field sobriety test has established to be questioned to a number of different harms, not the slightest of which is the non-medically skilled officer’s skill to be familiar with Nystagmus and calculate approximately the angle of onset. Because of this, and the reality that the test is not established by the health community, it is not allowable in many states; it is, still, allowable in Illinois.
Illinois DUI Conviction – How Long Will It Stay On My Record?
Reader’s Question:
How long does a DUI stay on record for the states of Michigan and Illinois? Does it reflect on my criminal record?
Joshua
Cicero, IL
Most traffic violation in Michigan stays on your record for at least 7 years. But, certain convictions and licensing actions remain on your driving record for at least 10 years. The same is true for alcohol violations which remain on your record for a minimum of 10 years. Fatality remains in you driving permanently in Michigan.
According to the Illinois the IL Secretary of State (SOS), moving violations remain on a driver’s record for 4 to 5years from the date of conviction. The information on the ticket will be carried on your driving record for a minimum of 7 years from the date of reinstatement if such ticket forms the basis for suspension or revocation of your license. DUI remain on a driver’s record for a lifetime in Illinois.
See with the various state’s courts to know how long these types of records will remain on your record and whether DUI is criminal or not.
Hiring an Illinois DUI Attorney – What Should I Consider?
READER QUESTION:
What are things I should consider when i am looking into hiring an Illinois DUI attorney?
Marisol
GOOD QUESTION, MARISOL.
The first question I would confront the lawyer with with when you step into their office is: “Will you be handling my case, or are you going to delegate it to someone else?” It’s extremely important for you to hold your consultation with the person who will actually be representing you, so that you can correctly evaluate their abilities. If you’ll be represented by someone other than the consultee, you’re just wasting your time.
On a similar note, experience is one of the number one things you should focus on, and particularly in the area of DUI, and even more narrowly in the type of DUI case you have. Just because your lawyer is a couple of decades out of law school doesn’t mean they know their stuff in this are–they may have been practicing divorce law all that time.
Secondly, you should keep in mind how you relate to the lawyer and also the fees involved. You should get your fees in a written fee agreement so that you can assess them beforehand.
–Fashun.
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