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.

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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
http://www.westmontattorneys.com

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