More and more people each year are charged with driving under the influence. But not all DUI cases are the same. Just as all DUI lawyers are not the same. In the case of alleged alcohol impairment, your blood alcohol content (BAC) can make a major difference in both the charges against you and in the penalties you face. Moreover, while the penalties for DUI are similar, and in some cases the same, whether alcohol or drugs are involved, the evidence that the prosecutor will seek to introduce in order to try to convict you will be markedly different. Additional variables are underage DUI, DUI with a child passenger, DUI causing injury, and aggravated DUI, among others.
Any effective criminal defense attorney can inform you of the strengths and weaknesses of your case to outline the risks of possible conviction or punishment. They may offer you information but leave it in your hands whether to plead guilty or contest to take your case to trial. The Hispanic Illinois Criminal Defense Attorneys will go the extra mile to give you a wide range of options for resolving a serious criminal charge. Our Spanish speaking attorneys will not leave you to make these critical choices on your own and we will look for ways to protect your interests through the proposition of creative alternatives, such as treatment options, community service alternatives or deferred entry of judgment. Our Spanish Speaking Criminal Defense Attorneys are committed to the protection of your freedom, your record and your rights.
Penalista Defensor Little Village
¿Qué es un Abogado Penalista Little Village?
Abogado es aquella persona profesional, que estando en posesión de la carrera/licenciatura (ahora llamado grado) de Derecho y habiendo realizado el máster oficial correspondiente y superado la prueba final.
Un abogado penalista es un profesional del derecho que presta servicios jurídicos con relación a todos los asuntos concernientes con el Derecho Penal y, en concreto, con las normas que se refieren al mismo tales como el Código Penal y la Ley de Enjuiciamiento Criminal.
Best Little Village Hispanic Criminal Lawyer
Why Be A Criminal Defense Attorney?
The first law against drunk driving was passed in New York in 1910. Before long, every state in the US had banned driving a car while intoxicated, which is presumably more dangerous that riding a horse in the same state. These early laws did not specify a maximum BAC (blood alcohol concentration) or describe tests to be administered to the person accused of drunk driving. They merely stated that one should not drive drunk and left it to police officers and judges to enforce this how they saw fit.
The first maximum BAC for driver was set in 1938: that year, it became illegal to drive with a BAC over .15, or 15%. This number was based on studies conducted by the American Medical Association and the National Safety council, who both agreed that research showed a person with a BAC under .15 could still drive reasonably well.
One current controversy in DWI law is the question of the role law enforcement is meant to play in addressing this problem. If a person is convicted of driving while under the influence of drugs or alcohol, should they be punished or rehabilitated? Is the punishment approach failing to effectively address the problem, or is the rehabilitation approach merely letting people off too easy?
Are Mandatory Drunk Driving Blood Tests Unconstitutional?
In Illinois a very controversial method of enforcing drunk driving had spawned about a year ago that caused many DWI attorneys to throw their arms up in the air. For all drivers suspected of driving under the influence who refuse to blow into a breathalyzer can automatically have blood drawn to determine if there was any alcohol in the blood stream.
This is done against a drivers will by an on duty judge that is able to sign and execute a warrant instituting the mandatory blood test. This type of approach has had many Illinois DWI defense attorneys a bit upset stating that this violates a human beings constitutional rights and violates an unreasonable search and seizure of personal evidence. This has been a very controversial approach to determine if someone has been drunk driving in Dallas Illinois. It was only done on select few nights and common drinking holidays because it required an actual judge on duty to actually sign the warrant to allow medical staff to proceed with the blood test. Many questions have been raised with this type of action. Since any blood immediately becomes trial evidence it is important by law that it be handled correctly and not compromised in any way. Compromised blood samples could sway a jury to go in either direction and trigger a less desired outcome for the driver.
You can see how this type of approach would be deemed questionable by many in the community. County prosecutors think differently about this topic. It helps them easily close cases and get convictions without a lot of challenges in the courtroom that could get a case dismissed for whatever reason. County prosecutors are feverishly scrambling to have this legislation approved in order to be executed much more frequently. One of the biggest steps to getting this done will be to have not just a judge that can order the blood test but other high ranking individuals. Having a judge on staff every night is very costly for any city or town. Is it unconstitutional to force and individual to give blood? We will have to wait and see how this type of effort pans out. With more and more states really cracking down on drunken driving laws and drivers we will be sure to see this type of approach spread amongst other cities if it gets approved in Illinois.
Are Mandatory Drunk Driving Blood Tests Unconstitutional?
The state of Illinois defines a driver to be under the influence if they have a blood alcohol concentration level of .08% or above from any chemical substance including drugs, prescription medication, and alcohol. Basically, any chemical substance that would impair your ability to drive a motor vehicle can result in DUI charges and a felony arrest.
At the Law Offices, our attorneys have a strong focus in the areas of criminal law and DUI. For over 30 years we have represented clients in Lisle and throughout DuPage County, Illinois. Our goal is to proactively obtain an acquittal of all charges and to avoid any conviction, which would leave a person with a permanent criminal record.
If you are charged with a crime in conjunction with your DUI arrest, do not hesitate to call an experienced criminal DUI defense attorney.
Guided Defense for Your Criminal and DUI Offense
Many people are unaware of how they can protect their rights when they are pulled over on suspicion of driving under the influence. You may be asked to submit to a field sobriety test. Should you refuse to the breathalyzer test, your license can be suspended for 12 months or more depending on your DUI arrest record and other factors unbeknownst to you.
As a former Special Municipal Prosecutor and former Sheriff’s Deputy, attorney knows the ins and outs of how the prosecution will gather evidence to convict you. That is why we work aggressively from the start, so that your case will have a successful outcome in the end.
Contact Our Criminal Defense Attorneys Today
The sooner we can start on your case, the better we can help to defend you and protect your rights. Contact the Law Offices & Associates to see how we can address your concerns and help you to avoid a conviction.