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The True Impact of a DUI Conviction
Driving under the influence of drugs or alcohol can seriously impact a person’s ability to safely operate a vehicle. Because of this, the potential ramifications of a DUI conviction are significant. If you have been charged with driving under the influence, it is important to act quickly. The most important step you can take when facing DUI charges is hiring an experienced legal professional that you can believe in.
The Legal Consequences
In the state of Illinois, a DUI conviction constitutes a Class A misdemeanor charge. If convicted, the guilty party may face up to one year in prison, as well as fines up to $2,500. A first-time DUI offender will likely have the choice of spending a mandatory ten days in jail or 30 days of community service hours. The offender will also face a one-year license revocation period. A conviction of this magnitude can result in job loss, depending on the party’s occupation.
The Cost of a Conviction
What Is an Aggravated DUI?
In the state of Illinois, more than 26,000 drivers were arrested for driving under the influence of drugs or alcohol, throughout 2018. While a standard DUI conviction will constitute a Class A misdemeanor charge, some circumstances can result in felony charges. When a DUI is elevated to a felony, it is legally referred to as an aggravated DUI. Below we will examine some of the most common aggravated DUIs, and the potential legal ramifications of a charge of such magnitude. If you have been charged with driving under the influence, it is time to speak with an experienced criminal defense lawyer.
The Most Common Aggravated DUIs
In the vast majority of cases, a DUI will be elevated to an aggravated DUI due to increased level of negligence. It is important to note though, that a third or subsequent DUI charge will automatically be elevated to an aggravated DUI. A driver that is charged with their third DUI will face Class 2 felony charges. A DUI resulting in great bodily harm to another party will also result in felony charges, even if the charge is the driver’s first alcohol-related traffic violation. It should be noted that a person charged with a DUI resulting in injury will face a minimum two-year license revocation period.
How Serious Is a Reckless Driving Charge in the State of Illinois
Every year thousands of Illinoisans suffer severe injuries in motor vehicle collisions. Unfortunately, many of these collisions are caused by the negligent actions of a driver. Because of this, law enforcement officials throughout the state are constantly on the lookout for signs of negligent or careless driving. In the state of Illinois, a reckless driving charge can come with serious legal ramifications. If you have been charged with reckless driving, it is time to speak with a knowledgeable legal professional.
What Is Reckless Driving?
Illinois’ reckless driving law is defined under the Illinois Vehicle Code, in statute 625 ILCS 5/11-503. The statute states that reckless driving is the act of willfully disregarding the safety of other travelers. The most common examples of reckless driving in the state of Illinois, including driving over 35 mph over the legal speed limit, recklessly swerving from lane to lane without signaling, and using an incline to become airborne on a roadway. The consequences of a violation of this magnitude should not be understated.
Fighting Against a CDL Violation Caused by Employer Negligence
Being a commercial truck driver can come with some serious potential complications and risks. Commercial truck drivers are asked to drive day and night, through inclement weather, in vehicles that can weigh up to 30 times as much as standard motor vehicle collisions. Recognizing the inherent risks of commercial truck driving, it should come as no surprise that law enforcement officials are on the lookout for drivers violating commercial trucking laws. Unfortunately, many truck drivers are pressured by their employers to violate these mandates. If you have been charged with a CDL violation, it is time to seek out the assistance of a knowledgeable legal professional.
Experiencing Employer Pressure and Negligence in the Trucking Industry
While many CDL violations, such as driving under the influence of drugs or alcohol and reckless driving, are directly the fault of the driver, many other violations can be caused by employer negligence or recklessness. Unfortunately, it is not uncommon for commercial trucking companies to pressure their employees into acting negligently, in order to expedite the shipping process. One common example of this is companies asking their drivers to falsify their driving logs in order to drive for more consecutive hours than is legally allowed. Falsifying an electronic driving device can potentially result in a CDL suspension or permanent revocation, as well as possible jail time.
The Consequences of a DUI Resulting in Injury
Every year thousands of Americans are injured in drunk driving accidents, because of this law enforcement officials are constantly on the lookout for signs of inebriated driving. In the state of Illinois, drunk-driving was the primary cause of approximately 28% of all traffic deaths, throughout 2018. Perhaps it should come as no surprise that over 28,000 DUI arrests were made throughout the state, in 2018. If you are facing DUI charges after injuring another party in an accident, it is time to seek out the help of a respected criminal defense attorney.
The Legal Ramifications
In the state of Illinois, a standard DUI charge constitutes a Class A misdemeanor, a $2,500 fine, and possible jail time. That being said, the legal ramifications of a DUI in which a person suffered injuries are much more severe. A DUI resulting in great bodily harm, permanent disability, or disfigurement constitutes a Class 4 felony charge in the state of Illinois. According to the Illinois’ Secretary of State’s Office, a Class 4 felony charge can lead to one to three years in prison, and fines up to $25,000 (not including the various other expenses in most DUI cases). The person will also face a license revocation period of two years, even if the incident was their first DUI charge.
Ramifications of a Drunk Driving Conviction
Here in the state of Illinois, law enforcement officials are constantly on the lookout for impaired drivers. Recognizing the fact that drunk drivers cause approximately 30% of all nationwide traffic fatalities, and over 10,000 each year, it should come as no surprise that police officers do everything in their power to prevent inebriated driving. According to the Secretary of State’s office, more than 29,000 people were arrested for driving under the influence of alcohol, throughout 2018 alone. While the sheer number of DUI arrests could indicate that a DUI conviction comes with limited legal ramifications, this could not be further from the truth. If you have been charged with driving under the influence, it is time to speak with a lawyer.
The Legal Consequences of a DUI
The first thing to understand about the consequences of a DUI conviction is that the charge will go on your permanent record and cannot be expunged. In other words, the conviction will impact your ability to secure employment, loan opportunities, and housing for the rest of your life. A first-time DUI offender will be charged with a Class A misdemeanor if convicted. Along with having a misdemeanor charge on their permanent record, the offender can also face up to one year in prison, and fines as high as $2,500.
Should I Refuse Testing in a DUI Traffic Stop?
In the state of Illinois, a DUI conviction can come with serious legal consequences. Even a first-time DUI offender will face Class A misdemeanor charges and a minimum revocation of driving privileges for one year. While it is always wise to comply with the requests of the officer and remain composed, it is also important to understand that refusing a breathalyzer test is not a criminal offense. Below we will discuss some of the reasons why you could consider refusing testing during a DUI traffic stop. If you have been charged with driving under the influence of alcohol, seek out the guidance of a knowledgeable attorney.
The Consequences
While refusing to take part in a breathalyzer test is not a criminal offense, it is an administrative offense. In other words, because driving is a privilege and not a right, you provide implied consent to submit to a breathalyzer test if requested by law enforcement officials, the moment you become a licensed driver in the state of Illinois. Because of this, refusal to submit to testing will result in a 12-month suspension of driving privileges. A driver that refuses testing will likely be eligible to continue driving with a Monitoring Device Driving Permit (MDDP). A second refusal will result in another suspension, this time for a three year period. A two-time offender will be deemed ineligible for an MDDP.
Fighting Against a Speeding Ticket in Illinois
Every single day, hundreds of Illinoisans are ticketed for violating the state’s speed limits. With the sheer number of speeding tickets handed out by law enforcement officials each and every day, many people believe that a speeding violation is not a big deal. In all reality, a speeding violation can result in points against you on your license, and in some cases an automatic suspension or even a criminal charge. If you have received a speeding ticket, it is time to seek out an attorney that will fight for you.
The Impact of a Speeding Ticket
In the state of Illinois, even the most minor of speeding tickets will result in points against your driving record. If you are ticketed for driving less than 10 miles per hour over the speed limit, you will still receive five points against your driving record. As your speeds rise, so does the severity of the ticket. If you receive an aggravated speeding ticket (driving at speeds 26 miles per hour or higher than the legal speed limit), you will be facing misdemeanor charges, possible fines, and potential jail time.
Fighting Against a CDL Violation
Commercial Driver’s Licenses (CDL) are not easy to come by. Drivers must pass a federal background check, submit medical forms, and pass state sanctioned skill and knowledge tests prior to obtaining their CDL. Keeping a CDL for a long period of time can be even more challenging, due to the strict punishments handed down for a CDL violation. Every single year upwards of 70,000 commercial truck drivers are charged with speeding alone, even a violation such as speeding can result in a CDL disqualification. In some cases though, a CDL violation is the fault of the employer. If you have been charged with a CDL violation, seek out legal assistance.
Employer Oversight Resulting in a Violation
There are a number of CDL violations that are solely the fault of the vehicle operator. A driver’s CDL can be disqualified for reckless driving, operating a commercial motor vehicle with a blood alcohol content over 0.04, and aggravated speeding. In other instances, a driver can receive a CDL violation due to employer oversight.
The True Impact of a DUI
Every year, thousands of drivers are arrested for driving under the influence of drugs or alcohol in the state of Illinois. While many offenders will simply plead guilty for a DUI charge, especially their first charge, a DUI conviction can come with serious legal ramifications and potential changes to your lifestyle. If you have been charged with driving under the influence, it is important to contact a knowledgeable attorney as soon as possible.
The Ramifications of a Conviction
In the state of Illinois, DUI charges are taken very seriously. A first-time DUI conviction constitutes a Class A misdemeanor charge and can lead to fines as high as $2,500 and even potential jail time. In all reality though, the true impact of a DUI conviction can go far beyond a mark on your criminal record.
Loss of Driving Privileges: First and foremost a DUI conviction will impact your ability to operate a motor vehicle in Illinois. According to the Secretary of State’s Office, a first time DUI conviction will automatically lead to a one-year license revocation period. In other words, the driver’s driving privileges will be revoked for a minimum of one year. It should be noted that drivers under the age of 21 will face a two year revocation period for their first DUI conviction. Drivers are eligible to register for a Monitoring Device Driving Permit (MDDP), but must pay for the installation and tracking of a Breath Alcohol Ignition Interlock Device (BAIID).
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