GEORGE RYAN, JR. ARRESTED FOR DUI

Former Governor George Ryan's son was arrested for a DUI last week when he was found sleeping behind the wheel of a pickup truck that was running.  The vehicle was founfd parked across several lanes in a White Castle drive-thru in Bradley, Illinois.

ANOTHER BUS DRIVER CITED FOR DUI WITH CHILDREN ABOARD

In what is becoming an increasingly common (and alarming) event, another bus driver was cited for DUI with four children aboard his school bus.  It started when another vehicle reported his erratic driving to authorities, who then pulled over the school bus driver, 41 year-old Kenny Sellers.  Sellers failed a street sobriety test and was taken to police headquaters where he allegedly tried to escape and fought with an officer.  In total, Kenny received seven citations, including aggrevated DUI because there were children aboard, as well as aggrevated battery against a police officer.  Remember from previous posts that a DUI becomes and aggrevated DUI upon the existance of a special circumstance, such as having a minor in your vehicle, which severely increases the fines and penalties.

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US SUPREME COURT MAY BAN FORCED BLOOD DRAWS

A forced blood draw is when authorities draw blood from an unwilling suspect in order to test his blood-alcohol level.  The Illinois Supreme Court has ruled in the past that "reasonable" force is permitted for forced blood draws throughout the state.  Recently, that same court ruled that when five people held down a suspect to withdraw blood, that was a bit excessive and unreasonable.  However, before further cases are settled under this Illinois ruling, there is a chance the US Supreme Court may step in and ban forced blood draws altogether with several cases currently pending on their docket.

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UPDATE: MARK GRACE INDICTED ON FOUR FELONY COUNTS

In an update from a previous posting, former Chicago Cub Mark Grace was indicted on four felony accounts including driving under the influence, driving with a suspended license, and driving without an interlock device (portable breathalyzer).  Mark Grace could face up to four years in prison if convicted, although, he would likely serve significantly less than that because the sentences would run concurrently.

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FORMER CUB MARK GRACE MAY FACE FELONY DUI CHARGE

According to Maricopa County police officers in Arizona, former Chicago Cubs first baseman Mark Grace may be facing a felony DUI charge after being arretsed for suspicion of DUI in Scottsdale last month, his second in less than 15 months.  Grace had been working as a television broadcaster for the Arizona Diamondbacks, but has been on an indefinite leave of absence since the first arrest.  Following his first arrest, Grace was required to drive with an interlock ignition device, but has been charged with a failure to use the device in addition to driving with a blood alcohol level of .095, more than the legal limit of .08.

http://www.westmontattorneys.com/Traffic-DUI/

WHAT IS AN ALCOHOL EVALUATION AND WHEN DO YOU HAVE TO COMPLETE IT?

In Illinois, anyone charged with a DUI is required to complete an alcohol evalution during their case.  The purpose of the evaluation is to judge the level of risk the individual poses to society by reviewing the frequency of his/her drinking and how likely it is they will be charged again with a DUI.  Many clients ask us when they should complete this evaluation.  Generally, if you are going to contest the DUI charge, you do not want to complete the alcohol evaluation prior to the first court date because this will allow you more time to evaluate what evidence the state's attorney has against you.  If you do not want to contest the DUI, but rather enter a guilty plea, it is probably in your best interests to complete the evaluation prior to the first court date and obtain a plea deal at that time from the prosecution.

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CHICAGO POLICE OFFICER PULLED FROM THE STREET FOR FALSIFYING DUI ARRESTS - LAWSUITS SETTLED

Chicago police officer Richard Fiorito had previously been pulled from duty, and now the City of Chicago has settled the final lawsuits surrounding his falsified DUI arrests.  The city has agreed to pay two drivers $100,000 each who filed lawsuits for wrongful and malicious prosecution, in addition to paying $250,000 for each individual's attorney's fees.  The Cook County State's Attorney has also dropped over 130 DUI cases that had been filed with Fiorito as the arresting officer.  The city has refused to admit any wrongdoing though and declined to prosecute Fiorito for any crimes.

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MOTHER CHARGED WITH AGGREVATED DUI AFTER RUNNING OVER HER DAUGHTER

A Crete mother was charged with aggrevated DUI after running over and killing her 19-month old daughter.  Yvette Guerro-Silva admitted to comsuming several alcoholic beverage before backing her minivan out of a driveway where her daughter was standing nearby.  Her blood alcohol level was found to be over the legal limit of .08 and she has been charged with Class 2 and Class 4 felonies, and could be facing up to ten years in prison.

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3 MOST COMMON FIELD SOBRIETY TESTS

When a police officer pulls an individual over for suspicion of a DUI, they will typically administer tests to determine the intoxication of the individual, called field sobriety tests.  The National Highway Traffic Safety Administration helped develop the tests that are used, and the three listed below are the most common:

1. Walk and Turn: The driver will be asked to walk nine steps, heel-to-toe, in a straight line and then turn around and do the same on the way back.  An officer will be looking for how well the individual follow directions and executes the manuver.

2. Horizontal Gaze: The officer will have the suspect follow the course of an object with his/her eyes, which is usually the officer's finger.  The officer will make a judgment based on how smoothly the suspect's eyes follow the object and if there is any involuntary jerking of the eyes.

3. One Leg Stand: This test requires the suspect to stand on one leg, with the other six inches off the ground, and count "one-one thousand, two-one thousand," etc., until the officer asks them to stop.  The officer will judge the individual on how well he/she follows directions and if he/she is able to maintain balance and execute the manuver.

CHICAGO SUBURBS WITH THE MOST DUI'S

There have been a lot of statistics released lately regarding DUI's issued around the state.  By far, it looks at though the western suburbs of Chicago lead the area when it come to DUI's issued, not including the city of Chicago itself.  Naperville, which always seems to be near the top in DUI's, finished second last year behind Rockford.  In terms of highest amount of arrests per officer, Itasca led the state in that category with 11.48 arrests per officer.

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HOW DO I GET SUPERVISION FOR MY DUI?

Typically, first-time DUI offenders will have an opportunity to seek supervision following their DUI.  In order to qualify for supervision, which is usually offered at the discretion of the prosecuting attorney, the blood-alcohol level must be reasonable, there must be little or no damage, no injuries or fatalities, and no aggrevating circumstances such as driving through a construction zone or a school zone.  If an offender obtains supervision, this is basically a probationary period where if the individual does not have any subsequent arrests or citations provoking the prosecuting attorney to wish to revoke the supervision, the offender will not be considered convicted of a DUI and will not have his or her license revoked.  Contact one of our DUI attorneys to day for more information.

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HOW MUCH DOES A DUI END UP COSTING?

There are a lot of fees and fines associated with obtaining a DUI in Illinois. First of all, first time offenders will likely be looking at court fees of $500 to $2,500. Legal bills for a qualified DUI attorney will run between $1,000 and $10,000 depending on the type of attorney you hire and how you plead. If you plead not guilty and require a full trial, attorney costs will likely be in the range of $7,500-$9,000 as opposed to if you plead guilty where you may face fees of $1,000 to $3,000. If you have to get a BAIID device installed, you are looking at an additional $500-$700 in installation and fees. You likely will also be required to attend alcohol classes which can run between $150 and $750. Finally, if your licnese is suspended, it will typically cost you several hundred dollars to get your license reinstated. In our experience, the average total cost of a DUI is around $6,000 for a first time offender who pleads guilty and $11,000 for a first time offender found guilty at trial, although this can vary greatly depending on the severity of the crime, prior convictions, aggrevating factors, etc. Contact a DUI attorney today for a free consultation.

WCZ
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DO MY BAC LEVELS AFFECT THE PENALTIES OF MY DUI

Yes, if you blood alcohol level is over .16, the minimum fine and community service hours will increase. Also, the higher your BAC is, the more unlikely you will be able to reach a satisfactory plea agreement with the prosecutor should you want to do that. Generally, blood alcohol levels bewteen .08 and .15 are viewed as a minimal offender and often able to avoid the harsh penalties associated with the higher levels.

WCZ
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WHAT IS A DUI EVALUATION?

In Illinois, if you are convicted or plead guilty to a DUI charge, yo will be required to complete a DUI evaluation and the findings will be presented to your judge. The purpose of this evaluation is to notify the court of your risk level to potentially receive another DUI. You can be classified as a minimal, moderate, or high/significant risk, and the judge and prosecutor will review these results prior to issuing any sentencing or offering a plea deal.

WCZ
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HOW DO I GET MY LICENSE REINSTATED AFTER A DUI?

In order to reinstate your license following a DUI, you must first complete all of the requirements set forth by the court such as completing any alcohol evaluations, finish court mandated classes, paying all applicable fines, etc. Once that is done and any suspension period expires, you can then approach the Secretary of State's Office to attempt to obtain your license. Generally, if it was your first DUI, you can schedule an informal hearing with the SOS, which is must easier. If it was your second or third DUI, you will ne required to schedule a formal hearing with additional information needed to present to the panel. Our attorneys represent clients in all aspects of license reinstatement, so call us today if you need a DUI attorney to assist you in these matters.

WCZ
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WHAT ARE THE COSTS ASSOCIATED WITH INSTALLING A BREATHALYZER IN YOUR CAR?

Currently in Illinois, if you are convicted of a DUI, you may be forced to install a breathalyzer, or BAIID device in your vehicle. BAIID stands for Breath Alcohol Ignition Interlock Device, which will register the driver's blood alcohol level when starting the car. The cost to have one of these devices installed in usually around $75, however, there is also a monthly fee associated with the device, which usually runs around $45 a month. Finally, you may have to pay to have the device installed, which can run another $50-$75.

WCZ
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WHAT IS AN AGGREVATED DUI?

In Illinois, there is a stiffer penalty for an aggrevated DUI than a normal DUI. In order for a DUI to be aggrevated, there must be an additional factor involved. All DUI's are governed by Illinois Statute 625 ILCS 5/11-501. Some examples of aggrevating factors would be if it was a third DUI offense, operating a school bus with children under 18 years of age on board, driving in a school zone, or being involved in an accident causing great bodily harm or death to another individual.

WCZ
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WHAT IS THE DIFFERENCE BETWEEN A DUI AND A DWI?

There are a few subtle differences between a DUI and a DWI. First of all, DUI stands for Driving Under the Influence while DWI stands for Driving While Intoxicated. Very few states have both charges, with Illinois having only DUI. The main difference between the two is that with a DUI, you can be charged with driving under the influence of any subtance, not necessary just alcohol. For example, if you take several narcotics and then operate a vehicle, whether the not the narcotics were prescribed to you or illegal, you can be arested for a DUI. On the other hand, an individual can only be charged with a DWI for driving after the consumption of alcohol. There are also different statutory penalties for convictions, but those vary by state. To speak with an experienced DUI attorney, please contact us today.

WCZ
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WHAT HAPPENS IF I REFUSE THE BREATHALYZER TESTS?

Some people may not know this, but you are under no obligation to perform any of the sobriety tests requested by a police officer, including field sobriety tests as well as breathalyzers. I am often asked by individuals whether they should refuse to participate in these tests or if that will hurt them down the road. There is no easy answer, however, if you choose to fight a DUI charge in court, failing any sobriety tests will certainly hurt your chances of succeeding. Prosecutors will use any and all evidence against you to convict you, including test results. In this case, if you fail any of the tests, you are just providing the state with more evidence of your intoxication. On the other hand, if you are convicted of DUI charges and you refused testing, you will be subject to heavier fines and discipline including a longer suspension of your license. Contact our office today to learn about how sobriety tests and help or hurt your case.

WCZ
http://www.westmontattorneys.com