Driving Under the Influence in Illinois

 Posted on December 00, 0000 in DUI

Driving while under the influence of drugs or alcohol can have serious consequences that extend to all areas of your life. Some may even be that are longer lasting than those related other types of crimes. This is because receiving a DUI may impact your ability to legally operate a vehicle, which can have serious effects on your ability to transport your children, get to and from work, and to maintain a social life.

Depending on the circumstances of the situation—including your blood-alcohol level, whether or not anyone was injured, or whether or not there were children present at the time of arrest—sometimes the penalties may be more severe than in others. If you are ever pulled over for DUI, the most important thing to do is to remain calm. When you understand your rights and responsibilities if accused of DUI, the situation can be mitigated, at least to some extent, and result in less time without a license or legal access to a vehicle.

Implied Consent to Blood-Alcohol Testing

Illinois is an implied consent state. This means that the moment you get behind the wheel of a car and operate it on any road in Illinois, you have agreed to submit to chemical testing if required to do so by an officer of the law. That is, you must submit to a breathalyzer, urine, or blood test if you are lawfully pulled over by an officer who has probable cause to believe that you have been driving under the influence of drugs or alcohol. Failure to consent to chemical testing at the time of arrest means that your driving privileges will be automatically suspended, regardless of the outcome of the criminal case against you. While it is imperative that you speak with an attorney as soon as possible, it is important to note that you do not have the right to speak with a lawyer before submitting to chemical testing. Insisting that you do may only antagonize the situation and result in additional charges.

Control of the Vehicle

It is also important to note that you do not necessarily need to be driving the car at the time of arrest to be charged with DUI. Officers need only to prove that you were in physical control of the vehicle, with the ability to start and move it, at the time of arrest. If, for example, you are taking a nap in the front seat of the car with the heater on, you may be charged with DUI—even if you were not planning on operating the vehicle at all.

Get the Help You Need

If you are facing charges of driving under the influence, it is crucial to seek guidance from an experienced Elgin criminal defense attorney. Call 847-488-0889 for a free consultation at The The Law Office of Brian J. Mirandola today. We can help minimize the potential damage to your future.

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501.1

https://www.cyberdriveillinois.com/departments/drivers/traffic_safety/DUI/home.html