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 Green Garden
¿Qué es un Abogado Penalista Green Garden?
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 Green Garden Hispanic Criminal Lawyer
What Is Criminal Defense Attorney?
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.
What Does Criminal Defense Attorney Do?
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?
DUI Attorneys - Questions About Them Answered
Experienced DUI Attorneys Serving Will and DuPage Counties
When a person has been arrested for driving under the influence (DUI), it carries serious consequences, including the potential for spending time in jail. When the person is undocumented, the impact of a DUI arrest and conviction can be even more serious.
At The Law Office, P.C., we understand how important a strong defense is to each DUI defendant. Attorney Mary provides effective advocacy on behalf of each client, developing a strong defense based on the unique circumstances of the case. In each case, Ms. Reyna focuses on minimizing the negative consequences for her clients and their families.
DUI Convictions Have Serious Consequences
The financial consequences of a DUI begin to add up as soon as a driver is arrested. Depending upon the circumstances, a driver may have to spend significant money for bond, as well as for the towing and storage of their vehicle. In addition, the loss of the ability to use a vehicle may lead to unemployment. While a DUI arrest can be costly, it is even more so if the driver is convicted.
Each driver who is charged with DUI has unique concerns about how a conviction could affect the things that are most important to them. One driver may be primarily concerned about keeping his driving privileges so that he can keep his job in a city that is a half hour drive from where he lives. Another driver may be more concerned about whether the charges that she is facing could lead to deportation because of her immigration status. Whatever concerns a driver has, there are many terrible consequences that are possible in a DUI case, especially if it is mishandled.
Retaining a knowledgeable DUI defense attorney reduces a driver’s chance of conviction and can minimize the overall consequences for the driver.
Effective Defense Against DUI Charges
Ms. Reyna has a thorough understanding of the elements of the crime of driving under the influence of alcohol. Her experience with defending against DUI charges enables her to hone in on areas in which the state may not be able to meet its burden of proof. Some of the defenses that can be raised against DUI charges include:
- Challenging the administration of field sobriety tests, including whether the officer had the proper training to interpret the results of the tests;
- Questioning whether the traffic stop was conducted in accordance with the law, specifically analyzing whether the officer had probable cause to stop the vehicle initially; and
- Raising evidentiary challenges to testing done on blood and urine samples, as well as any breathalyzer results from the scene of the stop.