Driving Under the Influence (DUI) is a charge levied at an individual driving under the influence of illicit drugs, alcohol, or even over the counter or prescription drugs. These charges are restricted to motor vehicle drivers, and as such, a person using rollerblades or skateboards cannot be charged with DUI. If found intoxicated, such people would be charged with a different type of offense, such as 'public intoxication.' A Bolingbrook DUI lawyer can help you determine the best course of action when charged with a DUI.
When someone is charged with DUI in Illinois, the police are responsible for taking that person off the road. This means that you will be taken to the police station where you will be booked and then put into jail until you post a bond.
Numerous jurisdictions demand that a DUI offender shows a significant drop in blood-alcohol levels before they can be released of their own recognizance. If you have been charged with DUI in the Chicago area, contact an experienced Bolingbrook DUI lawyer immediately to discuss your legal options.
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Consequences of a DUI
A DUI will significantly impact your finances with a number of costs. Even before you are officially convicted, you will have to pay the court a bond for your release, pay another bond to get your car back, and pay any towing charges. Next, you will have to hire an attorney, who will demand down payment before they start working on your defense.
Individuals with Illinois DUI offenses also end up paying significantly more for their insurance. That is if your insurance company does not decide to drop you as a client. If this happens, you will have to find another insurance company that will, obviously, charge considerably higher premiums.
You might be forced to attend a program regarding alcohol education. Most of the time, the tuition for this will also come out of your pocket. Other than that, the judge might decide that you also need treatment for your substance usage disorder. In such cases, a failure to obtain treatment will lead to further fines and even jail time.
Once you are convicted, the court will charge you with a fine. These fines are massive, but you might be able to get yourself on a payment program through which you will be able to pay the amount in installments.
If convicted of an Illinois DUI, you will be assigned a probationary period, during which you will not be able to consume any drugs or alcohol, nor will you be allowed to be at a place that has a primary business of selling alcohol or drugs (such as a beer bar).
During probation, you cannot go out of your state (and sometimes even your city) without informing your probation officer.
In several states, the arresting officer can confiscate your driving license upon arrest. You will probably get a temporary driver’s license until trial.
If convicted, your driving license will likely be revoked, suspended, or restricted, depending upon the nature of the offense. Normally, first-time offenders are served with a 90-day suspension of their license.
If you have been issued a restricted license, you and your vehicle will have to meet certain specifications that vary from state to state. For instance, you might be required to get an interlocked mechanism installed in your vehicle. If your license were revoked or suspended, you would have to make an attendance in front of the Department of Motor Vehicles. The department will assess you and, only if satisfied, will return you your driver's license.
Ways to Contest DUI:
Lack of Probable Cause:
If an officer stops, detains, or arrests you for DUI, they must have a probable cause behind it.
A probable cause is a reasonable belief or suspicion that you are involved in some criminal activity. Without this belief or suspicion, they cannot stop your car, investigate, or arrest you for DUI in Bolingbrook, IL. Even if they do, any evidence obtained without probable cause will be considered inadmissible. So, if your criminal and DUI lawyer in Bolingbrook, IL, can prove that there is a lack of probable cause, the entire case against you might get tossed out.
An example of no probable cause is if you are driving on the road at 2 AM, and the police pull you over for just being on the road. In such a case, any evidence that the police get – including breath or blood results – is inadmissible and cannot be used against you in a court of law.
'Alveolar air' is the air that exists in your lung tissue. Ideally, DUI breath testing tools should take a breath sample from the alveolar air. However, often, these instruments end up capturing 'mouth alcohol' instead.
Mouth alcohol can give an inaccurate blood-alcohol reading due to residual alcohol –alcohol that remains in the mouth for several reasons:
Your dental works trapped some alcohol-soaked food.
You regurgitated or burped.
You have conditions such as GERD, acid reflux, or heartburn.
Inaccurate blood test results:
Blood contamination, fermentation, or improper storage of the blood sample are just some of the reasons you might get an incorrect blood test result. Depending upon the circumstances in which your blood sample was collected, your DUI lawyer in Bolingbrook, IL, might be able to get the blood test result excluded from evidence.
You were not at the wheel:
Proving that you were intoxicated is not enough; the police must also prove that you were the one driving while under the influence.
In certain situations, it might be hard for the prosecution to prove that you were at the wheel. For example, if no one saw you driving a car involved in an accident, or if you were sitting in a parked car when the police approached you, the prosecutor might not be able to get a guilty verdict against you.
Diet or disease:
If you are diabetic and/or suffer from hypoglycemia, the lack of or excess blood sugar might fool a DUI breath-testing tool. Such an event could also occur if you take a diet that is high in protein or low in carbohydrates (an Atkins-style diet).
Why might the BAC test produce a false reading? Because conditions such as diabetes and hypoglycemia, or diets such as Atkins-style can produce isopropyl alcohol. This is due to ketones produced when a body starved of carbohydrates turns to its own fat for energy. As ketones are escaping our body through urine and breath, they are transformed into isopropyl alcohol.
Unfortunately (or fortunately), common DUI testing devices cannot distinguish between isopropyl alcohol and ethyl alcohol (the kind which we drink). This makes these devices prone to inaccurate readings when measuring people with diabetes, hypoglycemia, or on an Atkins-style or ketogenic diet.
Inaccurate Field Sobriety Tests:
Field Sobriety Tests (FSBs) cannot accurately determine the presence or extent of drug/alcohol impairment. Even the most reliable tests, when administered and marked precisely, have an average accuracy of 60-70%.
You can also explain poor FST performance in several other ways. These include:
Intimidation by the arresting officer.
Unathletic or physically unfit driver.
To conclude, a DUI offense will always stay in your record somewhere. Additionally, getting a DUI offense and the ensuing procedures, as we discussed, will prove costly, embarrassing, and time-consuming. So, the surefire way to prevent such a charge is by avoiding getting on the wheel after you are drunk.
However, if you do find yourself being charged with DUI, you need to get a highly professional and capable Bolingbrook DUI lawyer. Contact Naperville DUI Lawyer today to schedule a FREE consultation with a knowledgeable DUI attorney.