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Posted by on in DUI

MDDP, drunk driving, Illinois Criminal Defense LawyerBefore you were arrested on charges of driving under the influence, you probably failed or refused a blood alcohol content (BAC) chemical test. Such tests, while not the only criteria for determining your impairment, are administered to establish your BAC, and the penalties for failing or refusing them are administered by the Secretary of State’s Office.  They are applied separately from any sentence or penalties imposed as conditions of court supervision or as the result of a DUI conviction.

Statutory Summary Suspensions

Technically considered an administrative penalty as opposed to a criminal one, a statutory summary suspension applies to any driver who fails or refuses to submit chemical BAC testing. If you fail a breathalyzer, blood, or urine test for the first time, your driving privileges will be suspended for 6 months. A suspension of 12 months will be applied for subsequent failures. What constitutes a failed test depends upon the driver’s age and whether the vehicle is commercial or private. The legal BAC limit for a driver 21 or older operating a private vehicle is 0.08 percent, 0.04 percent for a commercial vehicle, and 0.00 for any driver under 21.

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Posted by on in BAIID

raccoon, BAIID, internet hoax, Chicago criminal defense lawyerWhat do you get when you cross an intoxicated Navy sailor, an ignition interlock device, and raccoon? Well, if you believe everything you read on the internet, you get a creative way to start a car and very angry furry passenger. Although highly entertaining, it turns out that the story, like so many others in recent years, was the result of an active imagination, subsequently overshared and under-verified.  Various news outlets have since confirmed the viral account as a hoax, albeit with no small measure of amusement.

All From a Single Image

The story began with a post on the picture-sharing site Imgur, which allegedly showed an incident report originating at Camp Pendleton in San Diego, California. According to the report, a Navy petty officer left a bar and needed to start his personal vehicle which was equipped with a breath alcohol ignition interlock device (BAIID). Too drunk to meet the device’s requirements, he supposedly captured a raccoon rummaging in a trashcan nearby, and squeezed its body to provide the breath sample needed by the BAIID to start the car, leaving the animal unconscious. The man, the story continued, left the raccoon in the vehicle and began driving. A short time later, the animal regained consciousness and attacked the driver, causing an accident that ended up with the vehicle in an in-ground swimming pool.

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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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