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The answer is that it’s possible.  By the same token, you may still be found guilty of DUI if your blood alcohol was below .08.

Your blood alcohol reading leads to a presumption that you were or weren’t driving under the influence.  If your reading is under .05, the presumption is that you were not driving under the influence.  If it is between .05 and .08, the presumption can go either way.  If you are over .08, the presumption is you are guilty.

But a presumption can be overcome by other evidence.

Your driving is the most important factor that a court considers when rejecting a presumption that you were DUI.  If your driving was safe and you generally did well in handling yourself with officers and in field sobriety tests, you could win a not guilty even if you blew over .08.  On the other hand, if you were swerving all over the road and falling out of the car, you could still be convicted with a breathalyzer below the legal limit.

There is one exception to this rule.  If you were specifically charged with driving under the influence with breathalyzer over .08, you can be convicted on that count no matter how well you drove or behaved.  An attorney can still possibly challenge the accuracy of the breathalyzer result or the legality of the police stop.  If all else fails, a experienced attorney may be able to negotiate a plea bargain to a reduced charge such as reckless driving.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

In Illinois, driving under the influence of alcohol and drugs is a separate category of DUI. As with alcohol-based DUI, this form is a Class A Misdemeanor for a first or second offense but can become a Class 4 felony based on certain aggravating factors.

Under 625 ILCS 5/11-501(a)(4), you commit driving under the combined influence of alcohol and drugs when you drive or are in actual physical control of a vehicle while under the combined influence of alcohol and any other drug such that you cannot drive safely.

Your offense can become aggravated if: (1) this is your third or later DUI, (2) you were driving an occupied school bus, (3) a resulting accident caused another person great bodily harm, permanent disability or disfigurement, or (4) this was your second offense and you were also convicted of reckless homicide based on a DUI.

If you have been charged with DUI, contact an experienced attorney immediately.  An attorney can review your case for your best possible defense as well as helping you navigate the process.  Did police have probable cause to stop you?  Can the state prove you consumed both alcohol and drugs?

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

In Illinois, you must stop for police when an officer gives you visual or audible signals directing you to stop your car.  The signal given by the peace officer may be by hand, voice, siren, red or blue light. The officer must be in uniform. Further, the officer’s car must display flashing red or blue lights used along with a horn or siren to indicate it is an official police vehicle.

You can be charged with fleeing or attempting to elude a police officer if you willfully ignore such signals, increase your speed or turn off your lights.  A first or second offense is a Class A Misdemeanor, punishable by up to one year in jail.  The Secretary of State must also suspend your drivers license for up to 6 months for a first offense and up to 12 months for a second.  A third or later violation becomes a Class 4 felony, punishable by 1 to 4 years in prison.   See 625 ILCS 5/11-204.

If you are charged with fleeing or eluding, contact an experienced criminal or traffic law attorney immediately.  An attorney can review your case for your best possible defense.  As with most crimes, the state must prove all the elements of the offense beyond a reasonable doubt.  Was the officer in uniform?  Was it clear you were being stopped by aan official police car?  Were you willfully ignoring a signal or simply looking for a safe place to pull over?

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

Once you are charged with DUI, some counties will sell the list of new DUI defendants to attorneys who request it. These attorneys often send postcards or letters offering services for a seemingly reasonable fee. While we cannot comment on the quality of these attorneys, beware of those who nearly always plead their cases out. They may not be doing you a real service. For a limited fee, they may simply show up once to plea you out, and frankly, you could probably manage that on your own.

A quality attorney will likely cost more. But he or she will review your case for possible defenses, prepare you for any court-required alcohol evaluation and if possible, try to get your driver’s license suspension overturned. Even if a plea bargain is still the way to go, an attorney who works hard for his or her client may negotiate a better plea bargain than one who never tries a case. But be aware that no reputable attorney can ever guarantee a particular outcome for your case.

When selecting an attorney, ask them how they like to handle cases. How well do they know the courthouse and the judges or prosecutors involved? How often do they take cases to trial? Do they provide a lot of good information when you question them? Are they asking you the right questions? It is important that you feel confidence in any attorney you choose.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

You were speeding when someone in front of you slammed on their brakes, so that you rammed the back of their car.  You panicked and took off.  After taking a deep breath, you drove back to the scene, but you are still charged with leaving the scene of an accident involving damage to property.

What does that mean?  What can you do?

In Illinois, you have a legal duty to remain at the scene of an accident, provide information and render aid.  To convict you, the state must prove that

1) You were the driver of a vehicle involved in an accident;

2)  Damage to another’s vehicle resulted from the accident;

3) You knew an accident had occurred;

4) You failed to immediately stop your car at the scene or as close to the scene as possible without obstructing traffic more than necessary; and

5) You failed to remain at the scene until you gave information and rendered aid.

Leaving the scene is a Class A Misdemeanor., punishable by up to 364 days in jail.  If convicted and the damages amounts to more than $1,000, the Secretary of State may also suspend your driver’s license.

If you are charged with leaving the scene, contact an experienced criminal or traffic law attorney immediately.  An attorney can review your case for your best possible defense.  As with most criminal offenses, the state must prove all the above elements beyond a reasonable doubt.  What if you were simply trying to move your vehicle to safe location? It is not a violation to move your car off the highway to the nearest place that is safe and does not obstruct traffic, as long as you stay there until you have given information and rendered aid.

Even if the evidence against you is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a more favorable plea bargain than you can on your own.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

Reference:      625 ILCS 5/11-402

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

To be convicted of DUI, the state must prove beyond a reasonable doubt that you were 1) driving while 2) under the influence.  But it may surprise you to know that sleeping in your car can fall under the definition of “driving.”

Under Illinois law, you may not drive or be in actual physical control of a vehicle while under the influence of alcohol or drugs.  See: 625 ILCS 5/11-501.

If you are charged with DUI, you should consult an experienced DUI attorney immediately.  Determining if you were “driving” can be very fact specific and depend on the viewpoint of your judge.  An attorney who is familiar with the courthouse may be able to present the facts of your particular case in their most favorable light to your particular judge.

If you have questions about this or another related criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

Getting arrest for DUI can feel humiliating and stressful.  Knowing what happens next may help ease some of the anxiety:

What is the procedure? Once you have been charged with DUI, you will be given a court date for your first court appearance. Currently, these appearances are often on zoom.  (See our related post:  Do I Need to Come to Court for an Illinois Traffic Ticket?)

On the first court date, your attorney will enter his or her appearance and ask for copies of the evidence against you, including the police video of your arrest.  The appearance tells the court that the attorney is your official representative.  Your attorney may be able to contest the suspension of your driver’s license on the first date.

After reviewing the evidence, your attorney can advise you on your best course of action.  Do you have a good defense for trial?  Or would it be wiser to negotiate a plea bargain?  In either case, you will likely be asked to get an alcohol evaluation. In Cook County, only one agency (Central States Institute) is authorized to prepare these reports. Your sentencing may depend on what your evaluation says. Your attorney can advise you on how to present yourself to the evaluator.

Can I drive? Upon arrest, you will also be given a notice that your driver’s license will be suspended by the Secretary of State, usually on the 46^th day after your arrest.  An attorney can file a petition to overturn that suspension.  Your odds of winning the petition improve if you file the petition quickly.  Illinois law requires a hearing within 30 days of filing.  If the state is not ready on time, you could win your petition by default. Otherwise, you may be eligible to drive with a Breath Alcohol Ignition Interlock Device after serving the first thirty days of your suspension.

Note that if you win the petition, you may still be convicted of DUI. Likewise, if you lose the petition, you could still win a not guilty verdict on your DUI.  The criminal charges and the administrative suspension are on two separate tracks.

How long does this take? A DUI can take several months. On average, your case will come before the court once a month. The length of time may depend on whether you take a quick plea agreement or decide to fight the case. While you may want to “just get it over with,” patience may actually work in your favor.

Will I go to jail? A first-time DUI is a Class A Misdemeanor, punishable by up to one year in jail and a $2,500 fine. Nonetheless, the odds of actually going to jail are limited on a first offense. If you make a plea bargain, you will likely have to take alcohol classes, pay a fine and/or perform community service. If you take the case to trial and lose, your sentence might be harsher but is still unlikely to involve jail.

If you have questions about this or another related DUI or traffic matter, please contact Matt Keenan at 847-568-0160 or email: matt@mattkeenanlaw.com

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)