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Illinois defense attorney, Illinois DUI attorney, Illinois criminal lawyer,Being pulled over for suspicion of driving under the influence is an unnerving experience regardless of the circumstances. When collision damage or injury is involved, the driver faces even greater challenges in a court of law, as penalties for DUI are often both strict and severe. Merely being pulled over for the suspicion of operating a vehicle under the influence is enough to cause a stir, but the moment you decide to comply with an officer’s request to submit to a breathalyzer test and fail, the situation automatically goes from bad to much worse.

Consequences Following a Failed Test

Any failed breathalyzer test indicates the driver’s BAC was .08 or higher at the time of the test, and may also mean that traces of other drugs were found in the driver’s system.The consequences following a failed breathalyzer can vary depending on the convictions surrounding your arrest, but the initial damage for a first offense includes an immediate statutory suspension of driving privileges for a minimum of six months. For a second or subsequent offense within a five-year period, a failed breathalyzer test will earn you a suspension of driving privileges for one year.

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Posted by on in BAIID

BAIID, DUI, Illinois DUI lawyerDid you know that if you are charged with driving under the influence (DUI), your driving privileges will be suspended, regardless of the outcome of the case? For a first-time offender, your license is automatically suspended for six months if you fail a blood-alcohol content (BAC) test, and 12 months if you refuse such a test. In addition, the Illinois Office of the Secretary of State can revoke your license until the conclusion of your case and beyond, depending on the final disposition. During your suspension, however, there may be measures of relief available to you that allow you to continue legally driving to work or school, and to provide for your family.

The most commonly used avenue of relief in Illinois is the Breath Alcohol Ignition Interlock Device (BAIID) Program. To qualify for the BAIID program, an offender is required to file an application with the Office of the Secretary of State to obtain a Monitoring Device Driving Permit, or MDDP. This permit allows a first-time DUI offender the opportunity to retain driving privileges during the statutory suspension of his or her license. Participation in the program is not mandatory, but declining the MDDP completely prohibits an offender from driving for the duration of his or her suspension.

With an MDDP, an offender may drive his or her vehicle after installation of a BAAID. Installation of such a device is handled through the Office of the Secretary of State and its use will be monitored by the office as well. The offender is responsible for all costs associated with the installation and operation of the device. Any offender found driving another vehicle without a BAIID is subject to criminal prosecution.

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blood alchol content, BAC, Illinois criminal defense lawyer, Illinois DUI attorney, State law in Illinois is extremely aggressive in its prosecution of drivers who operate a moving vehicle while under the influence of alcohol or drugs. In addition to a zero-tolerance per se driving law for cannabis, drivers are considered impaired if blood-alcohol level is .08 percent or higher. Illinois DUI laws also gives discretion to the apprehending officer to cite drivers for the same if blood alcohol is over .05 percent, but the penalties for drunk driving are not automatically triggered and depend on the decision of a court case (or plea deal).

Statutory Summary Suspension

Per Illinois DUI laws, drivers tested roadside with a blood-alcohol level (BAC) over .08 percent or who refuse testing at the scene will have their driver’s licenses immediately suspended. Drivers will then have 45 days to fight this in court. After that time, if still pending, the suspension is automatically triggered for six months. Those who fail chemical testing will have their driver’s licenses suspended for six months, although DUI laws allow for year-long suspensions which can be imposed for refusal to submit to chemical testing. The full range of DUI penalties depend upon whether it was a first-time offense, or factors such as whether or not bodily harm occurred as a result of the intoxication.

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Posted by on in Cook County Lawyer

When someone is pulled over for suspected drunk driving, police officers often use a breathalyzer to check the blood alcohol content (BAC) of the driver. The legal limit for BAC is currently 0.08. If a driver is operating a vehicle with a BAC of 0.08 or higher, that is considered driving drunk, is illegal and could lead to a lot of trouble for the driver.

Many people learn this information in their drivers’ education classes. What people do not know, however, is how a Breathalyzer can determine the amount of alcohol in a person’s blood just from testing their breath.

Although the best way to determine the BAC of a potentially drunk driver is to test their blood, it is very impractical to have to take a blood sample back to a lab to test it, then find the driver again to punish him or her. Craig Freudenrich, Ph.D. said that is was Dr. Robert Borkenstein from the Indiana State Police that invented the first Breathalyzer in 1954.

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