drunk driving defense attorney

driving under influence ofalcohol

Driving Under the Influence of Drugs: An Increasing Problem Sign the Resolution Contents | Feedback | Search DRCNet Home | Join DRCNet DRCNet Library | SchafferLibrary | Drugs and Driving Driving Under the Influence of Drugs: An Increasing Problem J. Mrland, K-M. Beylich, A. Bjrneboe, A. S. Christophersen National Institute of Forensic Toxicology, P.O. Box 9934, Ila 0132, Oslo, Norway ABSTRACT The Norwegian road traffic act prohibits driving under the influence of alcohol (A)and/or other psychoactive drugs (PD). In practice police officers refer the suspecteddriver to blood sampling without or with a clinical examination depending on suspicion ofA or PD involvement, respectively. All blood samples are analyzed at one nationalinstitute. In PD cases written expert witness statements are accompanying the result ofthe clinical examination and blood concentration determinations, which together give thebasis for sentences by the courts in a large percentage of the positive cases. A dramatic change has been observed over the last 10 years with respect to A- andPD-cases. A-cases have declined from about 10 500 in 1983 to 5 500 in 1993, while PD-caseshave increased from 800 to 3000 during the same period. In 1993 52% of the A-cases had BACs between 0,05 and 0,15 per cent, and 41% higher than0,15 per cent. 63% of the PD-cases contained PD, most often THC, amphetamine andbenzodiazepines, the latter often in combination with other drugs or in highconcentrations, 26% had BACs between 0,05 and 0,15 per cent, and 17% higher than 0,15 percent. Additional analyses for PD in all A-samples during two months revealed such drugs inapproximately 15% of the cases. Combination of our data gave the total picture in thewhole national sample of drivers apprehended under the suspicion of drunken or druggeddriving: A only (above 0,05 per cent) 51%, PD only 18%, A+PD 14% and 18% contained neitherA nor PD. PD were present in 39% of cases with positive analytical results. This studyappears to be the first conducted on a total national material focusing on PD and revealeda high prevalence of drugged driving. INTRODUCTION The Norwegian road traffic act prohibits driving under the influence of alcohol and/orother psychoactive drugs. Per year approximately 8000 - 9000 drivers are apprehended bythe police on the suspicion of either drunk or drugged driving. In all these cases a bloodsample is taken shortly after the apprehension, and this sample is subsequently analyzedby a single national institute. The analysis for foreign substances is directed by therequest from the police. The samples are routinely stored for more than one year. They cantherefore be screened for other drugs than originally asked for retrospectively, in asystematic manner. This was done in the present study with all samples arriving during twomonths of 1993. The aim of this study was to find the prevalence of alcohol and/or otherdrugs in drivers as a group being suspected for influenced driving regardless of theprimary suspicion of the cause of their influence. MATERIALS AND METHODS Design The material consisted of the routine samples (10-20 ml whole blood in Therumo venojecttubes) sent to the National Institute of Forensic Toxicology (NIFT) from roadside trafficcases in the months February and September 1993. These were ordinary samples taken on therequest by the police on the suspicion of influenced driving. The reason for the suspicionwas seldomly given in the police documents, but was from other studies known to bestrange, reckless, dangerous driving or involvement in accidents in the majority of cases.In total the institute received 1197 blood samples from drivers suspected of driving underthe influence during these two months. In 739 cases the primary suspicion was influence ofalcohol, in 458 cases drugs were suspected as the sole or additional cause of influence.When the analytical work required by the police was finished, all samples were analyzedfor the substances indicated below (analytical). This was performed by noting the resultsobtained for those analyses already being performed for the police, anonymizing thesamples, coding the results and then subjecting the samples to analysis for the rest ofthe foreign substances included in this study. Analytical All blood samples were analyzed for alcohol (ethanol) by gaschromatography (GC) and anenzymatic (ADH) method, and screened for the following drugs: benzodiazepines,barbiturates, amphetamines, cocaine, cannabinoids, opiates, other strong analgesics,tricyclic antidepressants, neuroleptics, antihistamines and central muscle relaxants onappropriate immunologic and gas chromatographic methods used by NIFT for routine work.Positive results were confirmed by GC/MS-, HPLC- or GC methods and the substances werequantified versus calibrator samples made from dilutions of the respective pure compoundsin blood bank blood. The results were corrected for losses during analysis by use ofappropriate internal standards. RESULTS The prevalence of positive alcohol and drug findings in the material ispresented in Table 1. Samples with BACs of 0.05% (the lowest legal limit in Norway) orlower were considered as negative in this Table. Table 1 Distribution of Findings of Alcohol and other Psychoactive Drugs in Samples fromDrivers Suspected of Driving Under the Influence n % female (%) male(%) median age (years) Total 1197 100 8 92 29 Alcohol (>0.05%) Only 658 55 7 93 28 Drugs only 196 16 9 91 29 Alcohol and drugs 166 14 5 95 31 Neither alcohol nor drugs 177 15 12 88 29 It is seen from Table 1 that alcohol was found in 69 per cent of the cases, while thecorresponding percentage for psychoactive drugs was 30. The low percentage of women,specially in the group combining alcohol and drugs is notable. The latter group hadaccordingly the highest male percentage and also the highest median age. In Table 2 the distribution of drug findings is presented by BAC level.It is seen that the highest fraction of drug detections was found in alcohol negativesamples. It was also interesting to observe that a substantial percentage of samples withalcohol also contained drugs. This percentage decreased somewhat from 25 to 18, byincreasing BAC. Table 2 Distribution of Cases with Detection of Psychoactive Drugs BAC (%) n (total) n (with drugs) drug positive (in%) 0 259 167 64 0.0-0.05 114 29 25 0.051-0.10 179 39 22 0.101-0.15 220 50 23 >0,15 425 77 18 The cases with positive drug findings are presented in more detail inTable 3. This Table presents the material divided in five main groups, according towhether benzodiazepines, THC, amphetamine, opiates or other drugs had been found,mentioned in falling order of frequency of detection. The Table should be read e.g. forbenzodiazepines that these drugs were detected in 206 samples. In 19 of these 206 samplesonly one single benzodiazepine was found, in 103 cases alcohol was present besidesbenzodiazepine(s), in 23 cases more than one benzodiazepine was found, in 54 cases THC wasfound in addition to benzodiazepine(s) etc. It is seen from Table 3 that the sum of thedetections of the 5 main groups (n=526) exceeds the sum of drug positive cases (n=362).This was because many cases contained more than one drug. The details of these drug-drugcombinations can be read from the subgroups, "with---". For all five main groupsfinding of the main drug alone, was rather the exception than the rule. Amphetamine caseshad the highest frequency of measuring the main drug only (25%). In all groupscombinations of three different drugs were seen, most frequently in benzodiazepine and THCcases. The majority of cases in which only a single drug was found exhibited substantialdrug concentrations. This indicated supratherapeutic doses of medicinal drugs and recentuse of illegal drugs. Finally other medicinal drugs than benzodiazepines were seldomlyfound. The main contribution to "other drugs" was made by psychoactive centralacting muscle relaxants and paracetamol ( acetaminophene). Only one case with aneuroleptic drug was seen, and no cases with antidepressants and antihistamines. Table 3 Drug Detections in Samples Containing Psychoactive Drugs (N=362) Main drug Benzodiazepines THC Amphetamine Opiates Other drugs Total 206 147 81 58 34 Single main drug only 19 33 20 8 11 With BAC>0.05% 103 61 5 21 17 With (other) benzodiaz. 23 54 38 19 11 With THC 54 - 39 13 1 With amphetamine 38 39 - 5 1 With opiate 19 13 5 - 4 With other drug 11 1 1 4 - DISCUSSION This study shows that the main finding in blood samples from subjects being suspectedfor driving under the influence is alcohol, which was found above the legal limit in 69per cent of the samples. More surprising was the detection of psychoactive drugs in 30 percent of the samples from people suspected for influenced driving. Thus in 35 per cent ofsamples where any detection (alcohol, other drugs) was made some psychoactive drug otherthan alcohol was found. There are few published studies available for comparison. In otherstudies drugs have been found in 7 to 30 per cent of blood samples from fatally injureddrivers as reported from some countries ( for references see Gjerde et al, 1993). Forliving drivers who have not been subject to some kind of selection after apprehensionbefore blood analysis, there are few published data. In a comparable smaller material fromNorway, similar findings, as in the present study, were reported (Christophersen et al,1990). In a Danish study it was found that 5.5 per cent of drivers suspected for drunkendriving only had diazepam/N-desmethyldiazepam in their blood samples (Worm et al, 1985).In another report it was found that every third driver suspected to drive influenced byalcohol had another drug in his urine (Holmgren et al, 1985). Drugs can, however, bedetected in urine for much longer time periods than in blood, long after their influenceof the central nervous system has disappeared. In the present study blood was the onlymatrix analyzed. Our results, therefore, indicate recent use before driving. The frequentdetection of illicit drugs, alone or in combinations, and the finding of supratherapeuticconcentrations of therapeutic drugs in our material was accompanied by almost lack offinding of therapeutic drugs in therapeutic concentrations. Thus drivers on therapeuticdrug regimens seemed to be represented very seldomly in suspicious driving calling theattention from the police. On the other hand these results probably reflect that peoplewho are drug abusers often drive, and then in a way that gives rise to reaction from thepolice. The high concentrations found as well as the frequent detection of combinations inthe present study, indicated that influence of driving ability was likely in the majorityof the cases with detection of psychoactive drugs. Norway is a modern industrialized western European country with a mixture ofurban/suburban and rural population in the ratio 2:3. The size of the country is large(approx. 325 000 km2) compared to the population (4.3 million). The number of vehicles isabout 3 million. The drug problems are considered to be rather below than above theEuropean mean. Our finding that a psychoactive drug other than alcohol is involved inevery third case under suspicion of influenced driving in this country comes from anon-selected, nationwide material. It can therefore probably to some extent be consideredto be representative for other nations also. Differences in the awareness by the police ofthis problem, different legislation and other factors may contribute to variations betweencountries with regard to the real prevalence of the problem as well as to its discovery.Some generalizations appear, however, to be possible to make. The focus on alcohol shouldnot mislead us to forget other drugs that could be present very often in suspectedinfluenced driving cases. Thus a negative or low breath-alcohol test should not be used asthe only measure to free a person from further investigation in suspected driving cases.Accordingly, the look for better tests to discover influenced driving due to other drugsthan alcohol should be intensified. REFERENCES Christophersen, A.S., Gjerde H., Bjrneboe, A., Sakshaug, J. and Mrland, J.Screening for drug use among Norwegian drivers suspected of driving under influence ofalcohol and drugs. Forensic Sci. Int., 45:5-14, 1990. Gjerde, H., Beylich, K-M. and Mrland, J. Incidence of alcohol and drugs in fatallyinjured drivers in Norway. Accid. Anal. and Prev., 25:479-483, 1993. Holmgren, P., Loch, E. and Schuberth, J. Drugs in motorists traveling Swedish roads: Onthe road detection of intoxicated drivers and screening for drugs in these offenders.Forensic Sci. Int., 27:57-65, 1985. Worm, K., Christensen, H. and Steentoft, A. Diazepam in blood of Danish drivers:Occurrence as shown by gas-liquid chromatographic assay following radioreceptor screening.J. of Forensic Sci. Soc., 25:407-413, 1985.

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For the most part, my easy-to-navigatesite has information on it which you can't get anywhere else unless youare willing to do a great deal of legal research. When you're on mysite, you'll also learn how you can get a free, no-obligationconsultation where I'll review your case and show you how I may be ableto save your license and your freedom. Illinos DUI DrunkDriving Defense Information Search for Illinois DUIDefense Attorneys by County Illinois Secretary of State "Driving Under the Influence" is defined as operating a motor vehiclewhile impaired by alcohol, other drugs or intoxicating compounds. InIllinois, a driver is legally considered to be under the influence ifhe/she has a blood-alcohol content (BAC) of .08 percent or greater, hasused any illegal substance, or is impaired by medication. A driver'sBAC is based on the ratio of alcohol to blood or breath. However, anindividual showing alcohol levels between .05 and .08 percent may beconvicted of DUI if additional evidence determines that the driver wasimpaired. Attorney Offices by Municipality Altamont Taylor LawOffice :During the past few decades, a crusade throughout Illinois and the nation has developed to take the necessary stepsto enact laws to deal with the problem of drunk driving. Whilealmost every state has toughened its laws on drinking and driving,Illinois has taken a leading role in enacting thesetougher laws. For many years, Taylor Law Offices, hasdefended clients facing Driving Under the Influence orDriving While Intoxicated charges. A person charged with DUI is well-advised to retain the services of an attorney torepresent him during the hearing process and possible requests fora judicial driving permit. The consequences of a DUI conviction are harsh, ranging from losing driving privileges, tostiff fines, to a potential prison sentence.Automobile companies have access, under law, to thedriving records of Illinois motorists, and when they learn of DUIconvictions or license suspensions, insurance cancellation ispossible, with new coverage able to be obtained only at a sharply increased price. Arlington Heights Dan Robin : In todays world, there is zero-tolerance for drunk driving. Traffic deaths and injuries associated with drunk driving have led most states to decrease the acceptable blood alcohol level for driving. Unlike Otis on the Andy Griffith Show, its unlikely you will get away with a slap on the wrist and a wink of the eye.Today, the circumstances surrounding a DUI can mean the loss or suspension of your license, insurance coverage problems, loss of employment, even jail. Judges and prosecutors have little patience with a crime that is seen as entirely preventable and indicative of a disregard of public outrage. John Vojta :Although most people don't think of them as crimes, trafficviolations can have serious criminal consequences. Thesetraffic-related cases can become part of a criminal record, and itis crucial to have experienced legal help. A license suspension canhappen when a driver receives several minor tickets or, in somecases, one serious ticket. A conviction of a traffic offense suchas reckless driving, speeding, or driving with a suspended licensewill result in fines and may affect your driving record andincrease your insurance rates. Brian Crowley :When you are charged with a crime, you encounter serious concernsabout your future and the future of your family. Aurora Don Zuelke :Some traffic offenses result merely in a fine; others may result insuspension or revocation of one's driver's license or even jailtime. Among the most serious traffic offenses are driving under theinfluence or alcohol or drugs (DUI) and driving on a suspended orrevoked license, especially where the suspension or revocation isbased on a DUI. The legislature continues to increase the penaltiesand other consequences for these offenses, and has increased thecircumstances under which one can be charged with felony trafficoffenses. Good legal representation is important to ensure thatyour rights are protected if you are charged with a serious trafficoffense. Barrington Joseph Lucas :If you have had too much to drink and do not want to drive yourcar, do not sleep off the effects of the alcohol in your car. TheIllinois Supreme Court has found that a man who was sleeping in hiscar with the car running and a blood-alcohol level of 0.18 wasguilty of driving under the influence. At trial, the defendant wassentenced to one year of court supervision and a $250 fine. Batvia Covey Law Office: The following are just a few of the available defenses in DUI cases. Driving. The prosecution must prove you were driving; Probable cause. Evidence must be suppressed if the officer did not have legal cause to (1) stop, (2) detain, and (3) arrest; Miranda; Implied consent warnings; "Under the influence"; Blood-alcohol concentration; Testing during the absorptive phase; Retrograde extrapolation; Regulation of blood-alcohol testing; and License suspension hearings. Bloomington Cambridge Telleen, Horberg, Smith & Carmen : If the government is trying to convict you of a crime, you need an experienced attorney to protect your rights. Carbondale Hugh Williams : Any one arrested for driving under the influence of alcohol and/or other drugs (DUI/DWI) must undergo an alcohol and drug evaluation before a judicial driving permit (JDP) can be granted by the Court, sentencing can occur for the DUI offense, or restricted or full driving privileges can be granted by the Office of the Secretary of State.The purpose of the evaluation is to determine the extent of the motorists alcohol and/or drug use and its associated risk to current or future public safety. The following areas are reviewed: the motorists driving history, chemical test results (BAC), Objective Test score and category, and the interview with an evaluator.The focus of the interview is past and current alcohol and drug use, as it relates to your driving history. Motorist responses are checked against the driving record, the Objective Test score, the results of chemical testing, and possibly other corroborative sources.Inconsistencies must be reconciled between the motorist and evaluator. If not, the evaluation will have no validity and could result in the following: Denial of driving privileges by either the Court or the Office of the Secretary of State.Requests by the Court or the Office of the Secretary of State to have the motorist undergo another evaluation at the motorists expense.Delay of sentencing for the DUI or a delay in consideration for judicial driving privileges by the Court or restricted or full driving privileges by the Office of the Secretary of State. Cary Loringo LawOffice:DUI/DWI Traffic violations can have serious criminal consequences,particularly when a driver is accused of driving under the influence. Aconviction on DUI/DWI charges may result in fines, the revocation orsuspension of your driver's license, and possible jail time. Inaddition, your insurance company may increase your rates to anunmanageable level. In defending against an impaired driving charge,you have many rights as a criminal defendant, including the right tocross-examine the witnesses against you, even if they are policeofficers. An experienced criminal defense attorney can make all thedifference in such a difficult case. RaymondHenehan :Traffic violations can have serious criminal consequences,particularly when a driver is accused of driving under theinfluence. A conviction on DUI/DWI charges may result in fines, therevocation or suspension of your driver's license, and possiblejail time. In addition, your insurance company may increase yourrates to an unmanageable level. In defending against an impaireddriving charge, you have many rights as a criminal defendant,including the right to cross-examine the witnesses against you,even if they are police officers. An experienced criminal defenseattorney can make all the difference in such a difficult case. Champaign Thomas A. Bruno and Associates :Illinois law provides that it is a "Class A" misdemeanor todrive with 0.08% BAC or greater, regardless of whether yourability to drive is impaired. This was changed from theprevious 0.10% effective July 3, 1997, as Illinois became the14th state to lower its level from 0.10% to 0.08%. It is alsoillegal to drive when your ability to do so is impaired byalcohol and/or drugs, regardless of your BAC. Chicago Crystal Lake Rolls & Kililis : You have the right to plead not guilty and demand that the State prove you guilty beyond a reasonable doubt. You are entitled to a trial by jury or a bench trial before a judge. You may also attempt to work out a resolution of your case with the prosecutor and enter a negotiated plea. The judge must approve the sentence. You may also enter a blind plea, with no recommendation from the prosecutor, and have the judge impose a sentence. James Bishop :A class A misdemeanor punishable by a fine of up to $2,500, pluscourt costs, and a term of incarceration in the County Jail for upto 365 days. Conviction will result in your driving privileges beREVOKED for not less than one year and usually for 3-5 years. Whena drivers license is revoked, a driver is not eligible for arestricted, probationary or hardship or any other form of license.After multiple DUI convictions, a subsequent charge of DUI can beupgraded to a felony, aggravated driving under the influence. Decatur Burger, Fombelle &Zachry:... exploiting the weaknesses of field sobriety tests and anunderstanding of the limitations of breath and blood analysis. Paul Chiligris : After you get a DUI, you will need to do a number of things. First of all, you will need to obtain a drug and alcohol evaluation. This is an evaluation performed by an evaluator licensed by the Illinois Department of Alcohol and Safety. The purpose of the evaluation is to determine what level of risk you are in driving under the influence of alcohol again and perhaps hurting someone, and what type of treatment and/or education you will need. You need to obtain the evaluation before being allowed to receive a Judicial Driving Permit. You are only allowed a Judicial Driving Permit if you are a first time offender. Des Plaines Fagan, Fagan &Davis :Illinois DUI law is extremely complex, and should be handled by anIllinois attorney competent in DUI ( drunk driving ) defense. Eachjurisdiction has different procedures for DUI or drunk driving. AChicago DUI presents different situations than a DUI in Lake countyor DuPage county. Summary Suspension of your Driver's License whichresult from your DUI arrest are also dealt with differently. Forexample, in a Chicago DUI a completely separate file exists forpurposes of addressing license suspension issues, and failure torecognize this seemingly simple difference can have an importantadverse impact on your drivers license. Before you walk into court,your attorney had better know the difference, because not knowingcan be very costly. East Alton Delaney Law Office :I strongly recommend that everyone charged with thisoffense obtain competent legal counsel. There are actuallyonly a few attorney's in our area who have even tried a DUIbefore a jury, and since I'm among that group, I have totell you that it is a different sort of trial than aFelony, as the Jury, generally, is more harsh to the DrunkDriver, than they are to the common thief. East Moline Richard Zimmer: DUI - If you are facing drunk driving charges, you need an experienced criminal defense lawyer making sure your constitutional rights are protected. Effingham Sutterfield Law Office: No area of the law has been subjected to more public scrutiny than Driving Under the Influence ("DUI") laws. Special interest groups have publicly lobbied about the dangers of drunk driving and politicians have responded by implementing harsh penalties for DUI offenders. The DUI offender also faces high insurance costs (if insurance is available). Therefore, a strong, aggressive defense is a necessity. Elgin Jonathan Carbary : Traffic violations can have serious criminal consequences, particularly when a driver is accused of driving under the influence of alcohol. A conviction of a DUI charge can result in fines, the loss of your drivers license, and possibly a jail sentence. In addition, your car insurance company may increase your rates to an unmanageable level. In defending a DUI charge, you have many rights as a criminal defendant under the law, including the right to cross-examine witnesses against you, even if they are police officers. An experienced attorney can make all the difference in such a difficult time in your life. Fox Lake Soffietti,Johnson, Teegen, Phillips & Morozin : Most people come to a lawyer for the same reason they go to a doctor: something hurts, or something isn't working right. By their very nature, most legal problems involve financial and emotional issues that can dramatically affect people's lives. Being involved in the legal system can be a stressful, frustrating, and intimidating experience for most non-lawyers. Whatever your legal difficulty, you should have an experienced and skillful attorney to represent you. Geneva Glen Ellen Brucar & Yetter : A drunk driving charge is a serious criminal charge. Most of us rely on the ability to drive to do many everyday things, such as getting to work, buying groceries, and transporting family members to activities like lessons, medical appointments, and school. A person who is charged with drunk driving stands an excellent chance of losing his or her driving privileges either temporarily or permanently, and also runs the risk of suffering more severe consequences, such as a fine or a jail sentence. If you have been accused of a drunk driving offense, contact an experienced drunk driving defense attorney without delay. You can't afford not to have expert counsel on your side. Glenville David Spada : If you are arrested and found to have a blood alcohol level of .08 percent or more in your body while operating a motor vehicle, your driving privileges will be suspended for at least three months. Repeat offenses carry more serious consequences. Grayslake Jerald Novak : If you have been arrested for a DUI, your Illinois driver's license will be suspended after forty five days if you fail to contact the Department of Motor Vehicles (DMV) within ten days of your arrest and request a hearing. Joliet Kankakee Lombard Taub & Cadiz:A DUI conviction could bring stiff fines and possible jail time. Yourauto insurance rates could go up, and you might lose your driver'slicense. Steven Mevorah :In today's society, a vehicle is a necessity. Our goal is toprotect your right to own and operate a vehicle. Our first line ofdefense is to challenge the reason that you were stopped. There arebad stops! There are many things that you need to do beforeappearing in front of a judge. We know what these things are and westrongly urge you to move quickly and contact us if you have beenarrested or cited for a traffic offense. If it is your firstarrest, our goal is make sure that you can continue driving. Forsecond offenses, the goal is often to keep you out of jail and ableto continue providing for your family. We will get you the bestshot at being able to continue driving and avoiding jail time. Butyou must move quickly. Many law firms react on behalf of theirclients to situations as they arise. That is not our way ofpracticing law. We have earned a reputation for anticipating eachstep of the legal process and informing our clients of what will behappening next, when it will happen, and how we will proceed. Fromthe time the legal process begins, we help our clients take chargeof the situation and prepare for the next proceeding. Both opposinglawyers and judges throughout Illinois know that we are alwaysprepared when we walk through the courthouse door. McHenry Scott Bentley DUI is a serious crime. Illinois has some of the toughest DUI laws. Upon an arrest for DUI the State will seek a suspension of your driving privileges. There are ways to avoid suspension upon an arrest for DUI. Matteson Wigell &Associates :A conviction on DUI/OWI charges will result in fines, driver'slicense suspension or revocation, and possibly land you in jail. Inaddition, your insurance company may increase your rates to anunmanageable level. In defending against an impaired drivingcharge, you have many rights as a criminal defendant, including theright to cross-examine the witnesses against you, even if they arepolice officers. An experienced attorney can make all thedifference in such a difficult case. Mokena Jeffrey Segall : The police are skilled in getting defendants to talk. Do not seek justice by yourself. Do not face the possibility of a suspended license and jail time alone. Protect your rights with a defense lawyer that knows criminal and traffic law. Let an attorney with knowledge of the local court system work for you. Mt. Prospect Anthony Lombardo : A high percentage of cases are plea-bargained because most individuals (first offenders) will submit to chemical testing with the result generally in the mid to high teens thus creating a presumption in favor of the prosecution and against the individual. William Walters :Drunk driving is also known as driving under the influence. InIllinois, drunk driving is a class A misdemeanor punishable by upto one year in jail or a $2,500 fine. Equally important, aconviction for DUI causes your driving privileges to be revoked. Murphysboro Fertel Law Office : What you should know if you are stopped for DUI: DRIVING UNDER THE INFLUENCE (DUI) It is illegal to operate a vehicle in Illinois with a blood alcohol content (BAC) of .08 or greater. A driver can also be charged with DUI for driving under the influence of other drugs. These may be legal or illegal substances that cause impairment to the driver. When you drive in Illinois, you agree to submit to testing for alcohol or drugs. If you refuse to do so you may be sentenced to a longer suspension of driving privileges than if you had tested over .08 and your refusal can be used as evidence against you. SUSPENSION OF DRIVER'S LICENSE The temporary withdrawal by formal action of the Secretary of State of a person's license or privilege to operate a motor vehicle on the public highways, for a period specifically designated by the Secretary. REVOCATION OF DRIVER'S LICENSE A revocation is the loss of driving privileges with no guarantee of reinstatement. An individual may apply for reinstatement at the end of the revocation period. An administrative hearing, remedial education, recent alcohol/drug assessment, substance abuse treatment and payment of applicable fees also are required. If approved, reinstatement requires retesting and fees for a new driver's license. PROBATIONARY LICENSE TO DRIVE A conditional license granting full driving privileges during a period of suspension. JUDICIAL DRIVING PERMIT A permit granted at the discretion of the State that permits a driver to drive for the purpose of employment, receiving drug treatment or medical care, and educational pursuits, where no alternative means of transportation is available. This is only granted to first time offenders. STATUTORY SUMMARY SUSPENSION When a person's privilege to drive a motor vehicle on the public highways has been summarily suspended for DUI, his or her driver's license shall be suspended: 1. Three months from the effective date of the statutory summary suspension imposed following the person's submission to a chemical test which disclosed an alcohol concentration of 0.08 or more. 2. Six months from the effective date of the statutory summary suspension for a refusal or failure to complete a test or tests to determine the alcohol, drug, or intoxicating compound concentration. 3. One year from the effective date of the summary suspension imposed for any person other than a first offender following submission to a chemical test which disclosed an alcohol concentration of 0.08. 4. Three years from the effective date of the statutory summary suspension for any person other than a first offender who refuses or fails to complete a test or tests to determine the alcohol, drug, or intoxicating compound concentration. PENALTIES If blood alcohol level is greater than .08 but less than .16 the following penalties apply: First conviction - A person convicted of DUI for the first time is guilty of a Class A Misdemeanor unless certain factors exist to enhance the punishment. Upon conviction for a Class A misdemeanor, the court is authorized to impose any of the following penalties: imprisonment for up to 364 days, probation or conditional discharge for up to two years, statutory summary suspension of license, and fines. Second Conviction - A second conviction for the offense of DUI within five years of a previous violation for DUI requires a mandatory sentence of a minimum of five days of imprisonment or 240days of community service, statutory summary suspension of license, fines, and driver's license revocation.. However, if a person had been previously placed on supervision for a DUI offense, this order of supervision cannot be considered as a prior conviction. Third or subsequent conviction - A third or subsequent conviction for the offense of DUI requires a mandatory sentence of a minimum of 10 days in jail or 480 days community service, statutory summary suspension of license, fines, and driver's license revocation. If blood alcohol level is greater than .16 the following penalties apply: First conviction - a mandatory minimum of 100 hours of community service and a minimum fine of $500. Second Conviction - a mandatory minimum of 2 days of imprisonment and a minimum fine of $1,250 for a second conviction within 10 years. Third conviction - Class 4 felony. A mandatory minimum of 90 days of imprisonment, and a minimum fine of $2,500 for a third conviction within 20 years. Fourth conviction - Class 2 felony. A minimum fine of $2,500 for a fourth conviction. Not eligible for a sentence of probation or conditional discharge. The statute provides for enhanced punishment for a person who is convicted of DUI while his or her driving privileges are suspended or revoked for violation of DUI or having been the driver of any vehicle involved in a motor vehicle accident resulting in personal injury to or death of any person. Your Constitutional Rights Silence. You have a right to remain silent because anything you say can and will be used against you in a court of law. Do not tell the police whether you drank alcohol or ingested any illegal substance. Legal Assistance. You have the right to consult with a lawyer. The lawyer may be present when you are questioned. Security. You have the right to be secure from unreasonable searches and seizures. This includes your body and your vehicle. You do not have to get out of your car unless ordered to by the police. Your Statutory Obligation Produce Driver's License. If the police officer asks to see your driver's license, vehicle registration, and proof of insurance, you must produce them. DO's and DON'Ts DO be polite and courteous DO have your driver's license, vehicle registration, and proof of insurance ready to show to the police. DO ask to speak to an attorney. DON'T answer any police questions. DON'T volunteer any information or engage in small talk. DON'T do field sobriety tests [balance tests]. DON'T sign anything. Naperville Ryan & Kavvadias : In the last twenty years, the penalties for drunk driving have become far more severe than they were in the past. First-time offenders face potential jail time and fines, although often the penalty for a first-time offense will be something less than jail time in exchange for a guilty plea. Repeat offenders are usually treated more harshly, with substantial fines and mandatory jail sentences that may not be suspended or waived by the court. State administrative regulations often call for suspension or revocation of a defendant's driver's license in addition to any criminal penalty. Defendants have sometimes tried to make the argument that this administrative suspension is double jeopardy prohibited by the U.S. Constitution, but these arguments have never succeeded. PhillipNathe : CriminalDefense There is an inequality of power and materialresources in the criminal justice system. The government has alarge staff of lawyers, police and agents, sophisticated crime labsand experts, and a huge budget provided by the taxpayers. Thisgives them a tremendous advantage because the legal system is basedon the premise that "the whole truth" is that presented at thetrial. If a defendant cannot challenge the government's case, orsubmit his or her own witnesses, then the jury by default willprobably accept as true whatever evidence the prosecutor produces. Northbrook John Greenwood : Drunk driving charges or accusations are no laughing matter.  In today’s society, the penalties for DUI and drunkdriving are very large, including possible jail time and hefty monetary fines.  Do not stand idly by while judgment is passed upon you.  Leniency may be shown tofirst time drunk driving offenders.  We can assist you in all aspects of your DUI case and stand by you throughout theprocess.  There are many aspects to be analyzed in a case of driving under the influence,including: Suspension of your driver's license Illegal stop andsearch Blood alcohol content Field sobriety test  Breathalyzertest Steven Rapaport: A trial court generally has the power to determine whether a defendant's sentences for multiple offenses will be concurrent or whether they will be consecutive or cumulative. However, there are limitations on the trial court's power. Such limitations include whether the offenses arose from the same criminal episode, the type of the offenses, and whether the defendant committed the offenses while he or she was incarcerated. Addis, Greenberg & Schultz : When you are accused of a crime, you find yourself in a frightening and stressful situation. No matter how minor the charge may seem, you should be represented by knowledgeable, competent counsel, who can work through the criminal justice system, give you zealous representation, and minimize the impact of the proceedings on your life. If you have been accused of a crime, or if you know someone who has been accused of a crime, do not delay in contacting an experienced criminal defense attorney. Northfield Paul Chatzky :Many state laws require criminal defendants to pay restitution totheir victims and/or to the state for harm directly caused by thedefendant's crimes. Such laws are generally enacted to providecompensation for a broad array of costs resulting from crimes suchas fraud, personal injury, death or property damage. Whendetermining costs, courts often consider victim expenses resultingfrom, among others, the inability to be gainfully employed;physical and/or psychological rehabilitation; and burial expenses.Sometimes, where feasible, defendants may be ordered to returnproperty. Northlake John Gallagher: Charges of Driving Under the Influence (DUI) can lead to real problems with your driving privileges, as well as criminal penalties. Oak Brook Oakbrook Terrace Palantine, Park Ridge, Peoria Rockford, Rolling Hills, Round Lake Beach, Schaumberg, Skokie Springfield Waukegan West Peoria Lowe & Groezinger:DUI is a serious charge that can have serious consequences. Aconviction can damage your reputation, threaten your career, andrevoke your independence behind the wheel. The financialconsequences can also place a great deal of strain on mosthouseholds. With an experienced attorney by your side, however, youwill gain peace of mind and survive the court system. Wheaten Wood Dale John Ellsworth: Any of the following can severely impact the results of tests conducted during a typical DUI arrest. For instance: Breathalizer Machines often give false readings. Police car lights can create nausea and disorientation. Medications can cause side effects that resemble intoxication. The pitch of the road can impair your balance. Woodridge MarcWolfe :Traffic violations can have serious criminal consequences,particularly when a driver is accused of driving under theinfluence. A conviction on DUI charges may result in fines, therevocation or suspension of your drivers license, and possiblejail time. In addition, your insurance company may increase yourrates to an unmanageable level. In defending against an impaireddriving charge, you have many rights as a criminal defendant,including the right to cross-examine the witnesses against you,even if they are police officers. Woodstock Caroline S.Zoes :In my mind, there is no other criminal act that has caused somany state legislatures to pass so many laws whittling away ata driver's rights than the offense of driving whileintoxicated. If you are convicted one of this offense inIndiana, in addition to any criminal penalties assessed, theCourt SHALL recommend suspension of your driving privileges forat least 90 daysand up to two (2) years RETURN TO DRUNK DRIVING DEFENSE

Illinois DUI lawyer (driving

Elizer & Meyerson | Illinois DUI DWI Lawyer Northbrook Criminal Defense Attorneys IL Law Firm Located near the Chicago Botanical Gardens Elizer & Meyerson, L.L.C. 900 Skokie Blvd., Suite 208 Northbrook, Illinois 60062 Telephone: 847-513-6600 Fax: 847-513-6692 Automobile accidents are one of the most common types of cases in our court system today. This is not surprising, given that every 10 seconds, someone in the United States is involved in a car accident. learn more >> A drunk driving conviction carries with it serious and long-lasting consequences: jail or prison time, a heavy fine, and suspension or revocation of a driver’s license. learn more >> Criminal law is the body of law that relates to so-called “public wrongs.” Criminal law doesn’t concern itself with disputes between individuals, but relates to offenses against the public order. learn more >> Northbrook, Illinois, Attorneys At Elizer & Meyerson, L.L.C. , we are a Northbrook, Illinois law firm, with nearly 40 years combined legal experience in civil and criminal law. We serve the residents of north and northwest suburban Cook County and all of Lake County, including Chicago, Northbrook, Highland Park, Wheeling, Schaumburg, Evanston, Skokie, Wilmette, Mount Prospect, Park Ridge, Arlington Heights, Des Plaines and Deerfield. Our civil litigation and appeals practice encompasses construction and surety law , personal injury law , contract law , special education advocacy and law , business and commercial transaction law , and consumer protection cases for the North Shore Illinois area. Our criminal law practice is diverse and one of our partners is a former prosecutor. If you need an Illinois DUI lawyer (driving under the influence) or Northbrook DWI attorney (driving while intoxicated), or if you are the victim of a license suspension and revocation , traffic violations, misdemeanors and felonies, then you need to contact us for your free initial consultation to learn how we can help you. Whether you’re a resident of Waukegan or Chicago, or anywhere on the North Shore, and whether you are an individual or business, if you need a civil or criminal defense lawyer, rest assured that we will provide you with quality legal representation. Our clients never worry about the status of their case because we always keep them informed and in the loop. We will promptly return calls, explain processes, issues and solutions in terms you can understand, and give you the personal attention you deserve. Please contact us today, for a free initial consultation and let our experience work for you. At Elizer & Meyerson, L.L.C., we are attorneys who pride ourselves on providing clients in northern Cook County and Lake County (from Chicago to Waukegan and Winthrop Harbor to Buffalo Grove and Rolling Meadows) with unique, innovative, and cost-effective solutions. Whether you have a traffic violation or a complex commercial transaction, we take the time to understand your issues and goals, and provide you with the information that enables you to make sound, informed decisions. We will discuss creative and innovative solutions, including, negotiation strategies, trial strategies or alternative dispute resolution (ADR) options. Whether you are looking for an Illinois DUI lawyer, a criminal defense attorney, a personal injury lawyer or need assistance with contracts or contract disputes, the Northbrook, Illinois lawyers of Elizer & Meyerson, L.L.C., will give your matter the personal and professional attention it deserves. Please call us today for a free initial consultation to learn how we can resolve your problems. Steven H. Elizer or David S. Meyerson at: Elizer & Meyerson, L.L.C. 900 Skokie Blvd., Suite 208 Northbrook, IL 60062-4031 Phone: 847-513-6600 Fax: 847-513-6692 The Small Firm with Big Solutions! OUR PRACTICE AREAS BUSINESS & COMMERCIAL LAW CRIMINAL LAW LICENSE SUSPENSION & REVOCATION CONTRACT LAW CIVIL LITIGATION & APPEALS CONSTRUCTION & SURETY LAW PERSONAL INJURY DUI/DWI SPECIAL EDUCATION ADVOCACY & LAW © 2005 Elizer & Meyerson, L.L.C. All rights reserved. Disclaimer .

Drunk Driving Laws

Colorado DUI LAW › Free Consultation Find a DUI LAWS Lawyer :: Select Your State :: Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington Washington DC West Virginia Wisconsin Wyoming › About 1800 DUI LAWS › DUI Laws by State › DUI Arrests by State › Drinking and Driving › Your First DUI › DUI Drugs › DUI Laws Dictionary › BAC Calculator › Field Sobriety Tests › Driver License › The Science › Breathalyzers › Jail Alternatives › Ignition Interlock › Criminal Courts › Designated Drivers › DUI Insurance › DUI Schools › Tell a Friend //-- › Order Your DMV Record › Link to DUI LAWS › Contact Us › Why Expungement? › Expungement 101 › Felony Expungement › Rehabilitation & Pardon › Case Evaluation › Traffic School Info › About The Content › About The Quizzes › About The Final Exam › Student Comments › DUI Chat › For Attorneys Only › Website Development Colorado DUI LAW Choose your Colorado county to locate a DUI LAW Lawyer in your area. :: Select a County :: Adams County Alamosa County Arapahoe County Archuleta County Baca County Bent County Boulder County Broomfield County Chaffee County Cheyenne County Clear Creek County Conejos County Costilla County Crowley County Custer County Delta County Denver County Dolores County Douglas County Eagle County Elbert County El Paso County Fremont County Garfield County Gilpin County Grand County Gunnison County Hinsdale County Huerfano County Jackson County Jefferson County Kiowa County Kit Carson County Lake County La Plata County Larimer County Las Animas County Lincoln County Logan County Mesa County Mineral County Moffat County Montezuma County Montrose County Morgan County Otero County Ouray County Park County Phillips County Pitkin County Prowers County Pueblo County Rio Blanco County Rio Grande County Routt County Saguache County San Juan County San Miguel County Sedgwick County Summit County Teller County Washington County Weld County Yuma County Colorado counties - map view Colorado DUI and DWAI arrests trigger two separate cases: the Division of Motor Vehicles (DMV) action , where a person's driving privileges can be suspended, and the court case , where a variety of drunk driving punishment is available. For anyone charged with drunk driving in Colorado, it is vital to note that persons arrested for DUI have only 7 days from the date of arrest to request a hearing with the DMV . If someone arrested for drunk driving does not request the hearing on time, their license will be suspended, automatically. Period. A request to the Colorado Department of Revenue (which includes the Colorado DMV) requires a hearing within 60 days, and the driver's license to remain in good standing at least until the outcome of the hearing. DUI defendants in Colorado can be charged with DUI (driving under the influence of alcohol, drugs, or a combination of the two) , or DWAI. Colorado DWAI, which stands for Driving While Ability Impaired, is a lesser-offense, where the person's blood alcohol level (BAC) is .05 or higher . Colorado drunk driving arrests can relate to driving under the influence, or violation of the "per se" laws. Driving under the influence means driving a vehicle when a person has consumed intoxicants which affects the person to a degree that he or she is substantially incapable, mentally or physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle. top Colorado DUI per se charges are slightly different. The DUI per se charge is brought against those arrested for DUI who provide a breath or blood alcohol sample of .08% or higher. It does not matter what the driving pattern is like, or whether the person arrested performed Field Sobriety Tests with textbook precision. It is a charge that is based purely on body chemistry . Colorado DWAI (driving while ability impaired) is similar to Colorado DUI, except that to be convicted of Colorado DWAI, the prosecution is only required to prove that the defendant was affected to the slightest degree, so that the person is less able than he or she ordinarily would have been to exercise clear judgment. Colorado, like many other states, imposes both criminal penalties and administrative driver's license penalties for a Colorado DUI conviction. That is why it is critical to contact a Colorado drunk driving defense lawyer right away, to protect your rights both in court and with the Colorado DMV (part of the Colorado Department of Revenue) . top DUI arrests of persons from other states will still require a DMV Hearing to protect their driving privileges. Colorado is a member of the Interstate Driver's License Compact , which shares information about DUI convictions and driver's license actions with other member states. There are 45 states that belong to this compact. As to prior convictions for purposes of increasing punishment for a Colorado DUI, prior DUI convictions remain on record for a defendant's lifetime for criminal sentencing purposes, five years for DMV in considering lengths of Suspensions and Revocations for repeat alcohol incidents (although licenses can be revoked or suspended independent of the results in criminal court) , and 7 years for Habitual Traffic Offender designation which requires 3 Major Incidents (driving under the influence of alcohol, reckless driving, driving under restraint, vehicular assault, vehicular homicide, and hit and run involving resulting in death or injury) . The maximum punishment for a DUI in Colorado is one year in jail, a $1000 fine, 96 hours of useful public service, an alcohol evaluation, an alcohol education course, and up to 86 hours of alcohol therapy. A BAC over .20 requires 10 days jail. Second and third offenses carry higher maximums and require jail. Typically, a first-offense DUI will include minimum punishments of unsupervised probation for 1 or 2 years, 48 hours of useful public service, an alcohol evaluation, an alcohol education course, and fines, fees, and court costs amounting to approximately $500. You must also abstain from drinking for 1 year. However, a skilled Colorado DUI defense lawyer can help you avoid or minimize all potential consequences of a drunk driving arrest in Colorado. If you, or someone you care about, has been charged with DUI, drunk driving, DWAI, or any drinking and driving offense in Colorado, let one of the DUI LAWS attorneys give you a free consultation . top :: Previous page :: :: top :: | Site map | Terms and Conditions | Legal Disclaimer | Privacy Policy | Contact us at 1 800 DUI LAWS | 1 800 DUI LAWS. All rights reserved.

DUI arrests were recorded

DUI FACTS - ILLINOIS IN 2003 / NATIONALLY / .08 BAC SERVICES PROGRAMS PRESS PUBLICATIONS DEPARTMENTS CONTACT DUI Facts - Illinois In 2003 / Nationally / .08 BAC In Illinois in 2003: 639 people were killed in alcohol-related crashes, which was 44 percent of the 1,453 total crash fatalities. More than 49,000 DUI arrests were recorded by the Secretary of State's office. 93 percent of all drivers arrested for DUI, who were eligible, lost their driving privileges. 2,863 drivers under age 21 lost their driving privileges due to "Use It & Lose It" law violations. 17 percent of those arrested for DUI are women, who represent 50 percent of all licensed drivers. Males ages 21-24 had the highest DUI arrest rate (27.6 per 1,000 licensed drivers). This rate was four times greater than that of all other drivers arrested for DUI (6 per 1,000). 83 percent of all drivers arrested for DUI are first offenders. Nationally: Alcohol-related crash fatalities totaled 17,013 in 2003. Alcohol-related occupant fatalities increased 3 percent in SUVs and 5 percent on motorcycles in 2003. 40 percent of crashes involving an alcohol-impaired or intoxicated driver or non-occupant resulted in an involved person being killed or injured. Drivers with a BAC greater than .08 who were killed in crashes were 10 times as likely to have a prior conviction for driving while intoxicated. About 275,000 people suffered injuries in alcohol-related crashes in 2003. More than 1.5 million drivers are arrested for driving under the influence of alcohol or other drugs each year. This represents one in every 130 drivers in the United States. The percentage of alcohol-related crashes in 2003 represents an average of one alcohol-related fatality every 31 minutes and one alcohol-related injury every two minutes. The rate of alcohol involvement in fatal crashes is three times as high at night as during the day. More than 53 percent of weekend evening crashes are alcohol related. Motor vehicle crashes are the leading cause of death for people ages 2-33. The highest intoxication rates for drivers in fatal crashes were recorded for drivers ages 21-24 (32 percent), followed by ages 25-34 (27 percent) and 35-44 (24 percent). Alcohol-related crashes, injuries and fatalities cost society more than $45 billion in lost productivity, medical care, property damage and other direct expenditures annually. Facts about .08: Illinois .08 BAC limit was signed into law July 2, 1997. .08 is a measurement of the blood-alcohol concentration level at which drivers are considered intoxicated and, therefore, are prohibited from driving on Illinois roadways. Illinois, 48 other states, the District of Columbia and Puerto Rico have .08 BAC per se laws. On Aug. 1, 2005, Minnesota will become the final state to enact the .08 per se law. At .08, all drivers are impaired to the point that critical driving skills are greatly diminished. Studies indicate that at a .08 BAC level, a drivers steering, braking, speed control, lane changing, gear changing and judgments of speed and distance are all significantly impaired. To reach .08, a 170-lb. male would have to consume four or more drinks in a one-hour period on an empty stomach. A 137-lb. female would have to consume three drinks in one hour to reach .08. A drink is considered a 12- oz. beer, a 5-oz. glass of wine or a cocktail containing 1.5 ounces of 80- proof liquor. At .08, a driver is three times more likely to be involved in a car crash than a sober driver, and 11 times more likely to be killed in a single-vehicle crash. Skeptics of .08 laws suggest that repeat offenders are the real problem with regard to drunk driving. However, about 80 percent of alcohol-related crash fatalities are caused by drivers with no arrests for drunk driving during the previous three years. Profile of an Illinois Drunk Driver The average DUI offender is: male (82 percent of those arrested are men) age 34 (60 percent of those arrested are under age 35) arrested between 11 p.m. and 4 a.m. on a weekend caught driving with a BAC level of .16 percent Table of Contents Message | DUI | DUI Facts | Chronology of a DUI Arrest | Statutory Summary Suspension | Penalties for a DUI Conviction | Driving with a BAC of .16 or Greater | DUI with a Child in the Vehicle | Penalties for Other Alcohol-Related Offenses | Administrative License Revocations | Judicial Hearings | Driving Permits | Driver's License Reinstatement | Case Dispositions | Average Cost of a DUI Conviction | "Use It & Lose It" | Offenses Related to Underage Drinking | Secretary of State Programs | Victims Rights | Emergency Room Reporting of Injured Impaired Drivers | History of DUI Laws in Illinois | This edition of the DUI Fact Book is as accurate as possible at the time of publication. This manual does not cover every aspect of Illinois' DUI laws and should not be cited as a legal authority in court. BACK TO CYBERDRIVEILLINOIS.COM HOME PAGE