Madelyn Daley
Attorney at Law

US Local 618-509-9724

dui defense Archives

Are DUI checkpoints legal?

Sobriety checkpoints, also called DUI checkpoints, are conducted by law enforcement officials to ensure that drivers are not operating their vehicles while under the influence of alcohol or other substances. During a DUI checkpoint operation police officers may set up a station on a particular road and stop drivers based on a periodic count. For example, the officers may stop every fifth car that passes through the checkpoint to assess if the drivers are conducting themselves safely.

Finding a criminal defense strategy to fight your DUI charges

Any action that the Illinois or federal laws deem criminal can result in a blemish on a person's record if they are convicted on the related charges. While crimes such as murder, rape and assault may carry with them more significant penalties, crimes related to driving while under the influence of alcohol may also be punished in serious ways.

Driver refuses field sobriety tests prior to DUI arrest

Law enforcement officials in an Illinois town recently made a DUI arrest despite the driver's refusal to submit to field sobriety testing. According to the arresting officers, police responded to a report of a person sleeping in their vehicle. The vehicle was located near an embankment and allegedly was not placed in park. The driver allegedly attempted to move his vehicle when officers woke him and then allegedly crashed his vehicle into a police cruiser.

How might an affirmative defense help me face my DUI charge?

Belleville residents who have faced DUI charges and who have had to work to defend themselves against the very serious consequences that can attach to convictions understand the importance of crafting solid defense strategies before they appear in court. While innocence and mistake can seem like the most relevant explanations for why a person should not be charged with DUI crimes, there are several affirmative defenses that may actually give individuals a way to explain their actions without exposing them to undue liability.

Defense strategies may mitigate or overcome DUI charges

Criminal charges based upon alleged instance of drunk driving can have serious repercussions on the lives of Illinois residents. Aside from the stigma that may attach when a person is convicted of drinking and driving, they may also lose their driver's license as a consequence of their alleged actions, be forced to pay fines as part of their sentences, and may even be jailed for a duration of time.

Your Fourth Amendment rights protect you

Illinois residents may not be aware that the state police has set up 24-hour semi-truck inspections. One of the aims is to ensure that truck drivers are not spending too much time on the road. Federal and state regulations regulate the hours truck drivers can spend on the road continuously and how long they need to rest before going out again. One of their recent inspections resulted in the discover of an allegedly drunk driver.

DUI and CDL: Not a good combination

When you were growing up, did your parents or grandparents ever tell you that the more privilege you received, the more responsibility you would have? It's sort of like that when you carry a commercial driver's license in Illinois. In fact, the bigger the vehicle, the more stringent the standards so that penalties you face for traffic violations may be quite severe. If you operate a hazmat vehicle, you're basically under intense scrutiny each time you hit the road.

What happens if I fail a field sobriety test?

Getting stopped by a police officer while driving one's car can be a scary experience, especially if the officer made the stop based on suspicion of drunk driving. As previously discussed on this Illinois criminal defense legal blog, Belleville residents can pay dearly if they are convicted of DUI crimes. Before a person heads to court to be tried for driving under the influence, however, the police officer that makes the initial stop may subject the driver to a variety of coordination tests to assess their sobriety.

What are ignition interlock laws in Illinois?

Many Illinois residents may not think much before getting behind the wheel after having a couple of alcoholic drinks. Though they may know that a blood alcohol content level more than .08 means that the driver can result in a DUI conviction and a six-month driver's license suspension, they may think that they have not had enough alcohol to reach that limit. However, they may find themselves in hot water, especially in Illinois which has some of the strictest drunk driving laws in the country.

Loss of full driving privileges for Illinois DUI convictions

When a person is accused of a crime here in Illinois, one thing that can greatly affect their legal situation is what their prior criminal record is. For those accused of DUI, whether they have past DUI convictions on their record is quite impactful. This is because, under Illinois DUI law, repeat offenses subject a person to more severe penalties.

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