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What Happens if I Refuse a Breath Test in Illinois?
While laws vary from state to state, some are constant throughout the country. One of these is the prohibition against driving while under the influence of alcohol. While all states prohibit driving over the legal limit, not all states require people to submit to breath tests to determine their blood alcohol content.
In an "implied consent" state like Illinois, however, drivers are expected to submit to testing to a police officer’s request to determine whether they are intoxicated. If you refuse to take a breath test, your license will get suspended. To learn more, speak with an experienced Kane County, IL DUI lawyer.
How Long Will My License Be Suspended if I Blow Over the Limit?
If your blood alcohol concentration (BAC) is higher than the legal limit, your license will be suspended. If you refuse to take the test, the suspension is generally longer. If you are a first offender or have not had a DUI arrest in the past five years, your license can be suspended for six months if you fail the breath test and twelve months if you refuse to take it. If this is not your first offense in the past five years, your license can be suspended for twelve months if you fail the breath test and three years if you refuse to take it. Subsequent DUIs will result in longer suspensions and even license revocations.
Mental Health as a Mitigating Factor in Illinois Criminal Law
Anytime anyone faces criminal charges, the courts generally try to get a detailed understanding of who the person is, including his background, his motives for committing the crime, the severity of the crime, and whether the person has shown remorse for his actions. Anything that could make a court decide to give someone a lesser punishment than usual for a certain crime is called a mitigating factor.
As America slowly gains awareness of mental health issues and how they can affect people’s behavior, they are increasingly being considered a mitigating factor that can impact sentencing. If you are facing criminal charges as well as underlying mental health issues, speak with an experienced Kane County, IL defense attorney to understand your options.
The Impact of Mental Health Issues on a Criminal Case
Mental health issues can affect sentencing in a criminal case in three main ways:
Boating Under the Influence in Illinois
Since Illinois is home to many lakes and rivers, boating is a popular leisure activity here. For many people, leisure goes hand-in-hand with drinking. No matter what type of boat you are sailing in, it is always illegal to operate any vessel while under the influence of alcohol or drugs.
While the consequences you could face if you are convicted of boating under the influence (BUI) can vary depending on several factors, you can be sure that BUI is taken very seriously by Illinois authorities. A recent court case regarding an incident that took place three years ago highlights just how serious BUI accusations can be. If you are at risk of a BUI charge, contact a dedicated Aurora, IL criminal defense lawyer to learn more.
Past Abuse as a Mitigating Factor in Illinois
One of the many consequences of abuse is that the resulting trauma can lead victims toward crime, too. While being abused does not mean you will automatically begin committing crimes, it can be considered a mitigating factor, especially during sentencing. A new law that was signed last month aims to allow for reduced sentences of convicted criminals who were abused in the past.
One reason for these efforts to lobby the government to consider past abuse in sentencing is the fact that so many convicts have reportedly suffered abuse before their incarceration. According to the National Online Resource Center on Violence Against Women, women who were abused are more likely to end up in jail than women who were not abused. 60-70% of incarcerated women reported experiences of abuse in their childhood, and 70-80% reported intimate partner abuse in their adulthood before their arrest. The numbers alone show that this is a trend that should not be ignored. If you are a victim of abuse facing criminal charges, speak with a dedicated Elgin, IL criminal defense lawyer to understand your sentencing options.
Will I Be Sent to Jail for Violating My Illinois Probation?
If you are convicted of a crime, probation is probably your best-case scenario. You will be limited by legal restrictions dictating where you can go and what you can do, but you will not need to serve time in jail. This is only an option for people convicted of crimes that are not violent and therefore do not pose a risk to public safety.
When someone is sentenced to probation, they need to abide by various rules and requirements. They can end up in even worse trouble if they violate the terms of their probation. If you are accused of a probation violation, speak with an experienced Aurora, IL criminal defense attorney to understand your options.
How Does Probation Work?
Every probation term is different, depending on the crime in question, the specific person accused of the crime, damage caused by the alleged crime, and other factors. However, some common features of a probation term include:
Illinois Kicks Off Drive Sober or Get Pulled Over Campaign
Labor Day weekend is here, signifying the unofficial end of summer. Kids are returning to school and the sun is already setting earlier and earlier each night. Families and friends will gather over this holiday weekend to attend cookouts and parties and bid summer goodbye.
Many of these events will involve alcohol and where there is alcohol, there is always the risk of a DUI arrest. The state has announced that Illinois law enforcement will be out in full force, cracking down on drunk drivers with its Drive Sober or Get Pulled Over campaign. Police from more than 250 departments, including the Illinois State Police and county sheriff’s offices, will be out in full force patrolling the state’s roads and conducting roadside safety checks.
If you or a loved one is charged with DUI this weekend, contact an Illinois defense lawyer to advocate for your rights.
Illinois Passes New Expungement Law for Juvenile Offenders
There are a number of reasons why juveniles commit crimes, including boredom, feeling pressure from peers, addiction, or feeling as if they have no other choice. According to national statistics, while the overall crime rate is decreasing, the crime rate for young people between the ages of 10 to 24 keeps increasing.
The consequences of juvenile crime convictions can impact an offender’s long-term future. One option for those who qualify is expunging that conviction from their record. Although the expungement process in Illinois can be complicated, a new law recently signed by Governor J.B. Pritzker can help make that process smoother. Contact an Illinois defense lawyer for details to see if you or your loved one qualifies for expungement.
How Does the New Law Change the Process?
When a juvenile is arrested, that arrest creates a criminal record. Like an adult criminal record, a juvenile record can interfere with the juvenile’s ability to gain employment or an education. Colleges and universities may reject an application based on the record. Depending on the criminal charges, many secondary education schools will take disciplinary action against the offender, including suspension or expulsion.
Can the Police Force Me to Unlock My Phone?
The U.S. Court of Appeals issued a federal ruling recently that affirmed it is legal for the police to force a suspect to use their thumbprint scan to unlock their smartphone. The ruling means that the police have the legal authority to force you to use your biometric data to open a device that could potentially have incriminating information against you. This could have a major impact on criminal procedures. If you are arrested or brought into the station on suspicion of a crime, speak with a skilled Elgin, IL criminal defense attorney to understand how this can affect you.
When Can the Police Make Me Unlock My Phone?
You may have heard people on TV shows and in movies saying that they "plead the fifth" in court. That is because the Fifth Amendment in the Constitution says that you cannot be forced to be a witness against yourself and you are protected against incriminating yourself. If you are asked a question under oath and an honest response to that question would incriminate you, you can "plead the fifth" and not be forced to answer.
Do I Have to Roll Down My Window During a Traffic Stop?
Few of us are able to remain calm and rational when we see flashing lights in our rearview mirror. Even when we are absolutely certain of our innocence, high-profile violence and civil rights violations from police officers in recent years make many people nervous to get pulled over. And, of course, being nervous is a recipe for not thinking straight.
It can be very difficult to know what to do during a traffic stop. Even if you think you know your rights, you may forget or misunderstand what you need to do in the face of pressure from a cop. For some people, panic sets in, and they are arrested on the spot, accused of serious crimes such as failure to comply with an officer’s orders, resisting arrest, and even assaulting a police officer. Do not lose hope if you or a loved one find yourself in this situation. You have rights, and one of the most important of these rights is the right to an Illinois criminal defense attorney.
Consequences of Domestic Violence Accusations
Domestic violence is a serious crime, but it is also a powerful accusation and many people are willing to cynically exploit its power. Domestic violence accusations can lead to a number of serious consequences, including criminal charges and convictions, disruption to family life, job loss, and even altered child custody arrangements. If you are being accused of domestic violence, a skilled Illinois domestic violence defense attorney can help you navigate this difficult situation and minimize its impact on your future.
How Domestic Violence Accusations Can Impact Your Life
Domestic violence accusations bring several important consequences. If you end up with a domestic violence conviction after an accusation, you may be sentenced to jail time, fines, and probation. You will also end up with a domestic violence charge on your criminal record, something that can greatly impact your future.
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