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Can I Get off the Hook by Refusing a Breathalyzer Test?
If you see flashing lights as you are driving down the road, you could be concerned, because you may not be sure about your blood alcohol concentration or BAC level. Perhaps what comes to mind is simply refusing a field sobriety test when you pull over. After all, if you do not agree to a test, there is no evidence of drunk driving, right? Well, it is actually a bit more complex than that.
Implied Consent in Illinois
Technically, you are free to refuse a Breathalyzer in the state of Illinois. But there are consequences that will follow. That is because there is an implied consent law in Illinois. When you first obtained your driver’s license, you consented to have a field sobriety test if you were ever suspected of driving under the influence. The test is designed to measure your BAC level, typically via Breathalyzer, blood draw, or urine draw. By revoking that consent, your driver’s license may be impacted.
Ways to Put a DUI Arrest Behind You
If you were arrested and possibly convicted of drunk driving, you may now be having trouble getting a hired at a new job or signing a new rental lease. When this information is not kept private, there are numerous parties who may be able to access it and potentially derail your future plans. You may be wondering if there is a way to protect your future and conceal your criminal record. The state of Illinois allows for two manners in which someone may conceal an arrest or conviction: expungement and sealing a criminal record.
Two Key Methods to Conceal Your Record
We understand that being arrested for driving under the influence can tarnish your reputation. But rest assured, there are two ways to clear your criminal record and keep any brushes with the law private. In the state of Illinois, you are allowed to expunge or seal certain criminal records. However, the only time you can conceal offenses related to DUI is if it does not result in a conviction.
What Happens If I Get a DUI and I Have a Commercial Driver’s License?
Truck drivers depend on their commercial driver’s licenses (CDLs) to work and support themselves and their families. So, getting arrested for driving under the influence of alcohol while driving the company truck or your personal vehicle can jeopardize your job. As a commercial truck driver, you are held to a higher standard compared to most drivers on the road. With so much on the line, it is important to avoid a conviction. You need a qualified CDL driving under the influence attorney with the experience and commitment to help save your employment and avoid a CDL suspension or revocation.
Blood Alcohol Concentration for Commercial Drivers
For folks who drive a personal vehicle, the blood alcohol concentration (BAC) threshold for DUI is .08 but if you operate a commercial vehicle, the BAC level is only .04 and you could be arrested and charged with a DUI. If you are pulled over while driving your personal car and have a commercial driver’s license or CDL, your license may be suspended or revoked. If this is your first offense, the penalty is a one-year disqualification of your CDL. Second-time offenders could be disqualified for life.
What Are the Penalties for Aggravated Speeding in Illinois?
If you were pulled over for traveling at a high rate of speed, it is possible that you could be facing aggravated speeding charges. The fact of the matter is that speeding is dangerous, and it endangers everyone sharing the road. More than 11,000 people are killed in speed-related traffic accidents; therefore, penalties for aggravated speeding can be quite serious.
Aggravated Speeding and Penalties
Aggravated speeding in Illinois can be either a Class B or Class A misdemeanor. It boils down to how fast you were alleged to be driving when you were pulled over:
- Driving 26 mph to 35 mph above the speed limit could lead to a Class B misdemeanor charge, fines of up to $1,500, and up to six months in county jail.
- Driving 35 mph or higher above the speed limit could lead to a Class A misdemeanor charge, fines of up to $2,500, and up to one year in jail.
Is a Construction Zone Ticket Worth Fighting?
If you are in a rush, driving through a construction zone can certainly be frustrating. However, it is in your best interest to be patient and obey the slower posted speed limits through these work zones. More than 6,700 motor vehicle accidents occur in Illinois construction zones every year leading to more than 1,600 injuries, often because people are driving too fast. Choosing to speed through construction zones can lead to more than a mere construction zone ticket; you could wind up in jail and tarnish your driving record.
Legal Consequences for Speeding in a Construction Zone
Depending on the situation, it may be worth fighting a speeding ticket through a construction zone if you want to try to avoid serious legal ramifications. In Illinois, construction zone speeding is more serious than a regular speeding ticket because you stand to lose your driver’s license. The minimum fines if you get a ticket for speeding in a construction zone are $250 for first-time offenders and $750 for second-time offenders. If you get a second construction zone speeding violation, you could lose your driver’s license for three months.
I Got Caught Driving on a Suspended License. Now What?
Losing your driving privileges can impact your livelihood and your peace of mind. You may need to run errands or get your kids to school and succumb to temptation by grabbing the keys to the car and driving, just this one time. But having a driver’s license is a privilege, not a right. If you are caught breaking the law by driving on a suspended driver’s license, the legal consequences are serious.
License Suspension
It is unlawful in Illinois for a person to drive or be in physical control of a vehicle if they have had their driver’s license suspended. The penalties associated with violating this statute will vary depending on why the driver’s license was suspended in the first place. A conviction could lead to having your license suspended again or revoked for the same amount of time as the original suspension. It is important that you hire a criminal defense attorney that handles these cases regularly.
Is Your Child in Trouble for Sexting?
An ever-increasing number of preteens and teenagers in the United States are sexting. They have either sent or received nude or seminude photos in digital form. They may not think about the consequences down the line, or they may succumb to peer pressure and sext. In a recent survey of out of 350 students, 15 percent admittedly sent a sext to someone. The danger of sexting is that digital images are never really private. Anyone could accidentally share something with the click of a button. So what happens when minors sext minors? Could they also face criminal charges?
What Is Sexting?
Sexting means sending or requesting indecent visual depictions of a person’s genitalia, buttocks, or breasts in a digital form which may include using a phone, laptop, tablet, or computer. It is referred to as a sext message.
Minors Sexting Minors
Sexting is often prosecuted under child pornography charges across the nation. If convicted, this can lead to serious legal consequences, and it could require the convicted person to register as a sex offender. However, when it comes to minors and sexting cases, some states, including Illinois, are a bit more lenient.
The Consequences of Prescription Fraud
Addictive medications such as opioids can make people do the unthinkable to get their hands on more. The FDA even issued an alert to veterinarians because people are consuming their pet opioid medications. Misuse of these drugs is rampant. In 2021, nearly 107,000 drug overdose deaths occurred in the United States. You may have been seeking an opioid refill with a fake prescription for a medication that you once had a legitimate prescription for after surgery. This trend has become a serious public health concern. Whatever your reasons, the next steps you take in defending your case will play a vital role in the outcome.
Fake Prescriptions
Forging prescriptions can involve a physician illegally altering an existing prescription or a patient using a prescription notepad to write a prescription and then forging a doctor’s signature. Sometimes people will simply use technology to create something that looks like a valid prescription. Even though pharmacists are trained to be on the lookout for unusual handwriting, strange photocopies, and dates that do not match, fake prescriptions can and do get by the system.
The Impact of the Zero-Tolerance Law on Underage Drinking and Driving
Young people may get on the road without measuring the consequences of their actions if they have been drinking. At The Law Office of Brian J. Mirandola, we understand that they do not mean to hurt anyone; they may simply have a momentary lapse in judgment. A mistake such as underage drinking can have serious repercussions. It is important that you seek the help of a criminal defense attorney to protect your child’s future.
Penalties in Illinois for Minors
In Illinois, there is no tolerance under the law for anyone under 21 years old to be caught drinking and driving. The zero-tolerance law is very clear, any trace of alcohol in an underage person’s system could lead to charges for violating this statute and a possible DUI conviction.
If a person under the age of 21 is convicted of driving with a blood-alcohol content (BAC) of more than .00, the following consequences could apply:
Hosting a Christmas Party and Serving Alcohol to Teens?
So, you are hosting a holiday party and are serving alcohol to all of your guests. After all, ‘tis the season of giving and you figure what is the harm in having your teenage guests partake in a little holiday eggnog. However, giving alcohol to minors in Illinois is against the law, even if it is happening in the privacy of your home. If you are facing charges of furnishing alcohol to minors you need an experienced criminal defense attorney.
Furnishing Alcohol to Minors
There is zero tolerance in the state of Illinois when it comes to serving alcohol to minors. Depending on the circumstances in which alcohol was provided to a minor, you could face misdemeanor or felony charges that could lead to prison time and hefty fines. Under Illinois law, it is illegal for anyone to sell, give, or deliver alcohol to any person under the age of 21 years. This includes any parent or guardian and anyone who sells alcohol. A parent could also be convicted of this crime if they knowingly allowed the consumption of alcoholic beverages by an underage guest at a private residence or any other private property under the parent’s control.
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