Chicago DUI Lawyers
- Malavia Law Firm:
(725 ILCS 5/Art. 103 heading)
ARTICLE 103. RIGHTS OF ACCUSED
(725 ILCS 5/103-1) (from Ch. 38, par. 103-1)
Sec. 103-1. Rights on arrest. (a) After an arrest on a warrant the person making the arrest shall inform the person arrested that a warrant has been issued for his arrest and the nature of the offense specified in the warrant.
(b) After an arrest without a warrant the person making the arrest shall inform the person arrested of the nature of the offense on which the arrest is based.
(c) No person arrested for a traffic, regulatory or misdemeanor offense, except in cases involving weapons or a controlled substance, shall be strip searched unless there is reasonable belief that the individual is concealing a weapon or controlled substance.
(d) "Strip search" means having an arrested person remove or arrange some or all of his or her clothing so as to permit a visual inspection of the genitals, buttocks, anus, female breasts or undergarments of such person.
(e) All strip searches conducted under this Section shall be performed by persons of the same sex as the arrested person and on premises where the search cannot be observed by persons not physically conducting the search.
(f) Every peace officer or employee of a police department conducting a strip search shall:
(1) Obtain the written permission of the police commander or an agent thereof designated for the purposes of authorizing a strip search in accordance with this Section.
(2) Prepare a report of the strip search. The report shall include the written authorization required by paragraph (1) of this subsection (f), the name of the person subjected to the search, the names of the persons conducting the search, and the time, date and place of the search. A copy of the report shall be provided to the person subject to the search.
(g) No search of any body cavity other than the mouth shall be conducted without a duly executed search warrant; any warrant authorizing a body cavity search shall specify that the search must be performed under sanitary conditions and conducted either by or under the supervision of a physician licensed to practice medicine in all of its branches in this State.
(h) Any peace officer or employee who knowingly or intentionally fails to comply with any provision of this Section is guilty of official misconduct as provided in Section 103-8; provided however, that nothing contained in this Section shall preclude prosecution of a peace officer or employee under another section of this Code.
(i) Nothing in this Section shall be construed as limiting any statutory or common law rights of any person for purposes of any civil action or injunctive relief.
(j) The provisions of subsections (c) through (h) of this Section shall not apply when the person is taken into custody by or remanded to the sheriff or correctional institution pursuant to a court order.
(Source: P.A. 81-1509.)
(725 ILCS 5/103-2) (from Ch. 38, par. 103-2)
Sec. 103-2. Treatment while in custody.
(a) On being taken into custody every person shall have the right to remain silent.
(b) No unlawful means of any kind shall be used to obtain a statement, admission or confession from any person in custody.
(c) Persons in custody shall be treated humanely and provided with proper food, shelter and, if required, medical treatment.
(Source: Laws 1963, p. 2836.)
(725 ILCS 5/103-2.1)
Sec. 103-2.1. When statements by accused may be used.
(a) In this Section, "custodial interrogation" means any interrogation during which (i) a reasonable person in the subject's position would consider himself or herself to be in custody and (ii) during which a question is asked that is reasonably likely to elicit an incriminating response.
In this Section, "place of detention" means a building or a police station that is a place of operation for a municipal police department or county sheriff department or other law enforcement agency, not a courthouse, that is owned or operated by a law enforcement agency at which persons are or may be held in detention in connection with criminal charges against those persons.
In this Section, "electronic recording" includes motion picture, audiotape, or videotape, or digital recording.
(b) An oral, written, or sign language statement of an accused made as a result of a custodial interrogation at a police station or other place of detention shall be presumed to be inadmissible as evidence against the accused in any criminal proceeding brought under Section 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, or 9-3.3 of the Criminal Code of 1961 or under clause (d)(1)(F) of Section 11-501 of the Illinois Vehicle Code unless:
(1) an electronic recording is made of the custodial
interrogation; and
(2) the recording is substantially accurate and not
intentionally altered.
(c) Every electronic recording required under this Section must be preserved until such time as the defendant's conviction for any offense relating to the statement is final and all direct and habeas corpus appeals are exhausted, or the prosecution of such offenses is barred by law.
(d) If the court finds, by a preponderance of the evidence, that the defendant was subjected to a custodial interrogation in violation of this Section, then any statements made by the defendant during or following that non-recorded custodial interrogation, even if otherwise in compliance with this Section, are presumed to be inadmissible in any criminal proceeding against the defendant except for the purposes of impeachment.
(e) Nothing in this Section precludes the admission (i) of a statement made by the accused in open court at his or her trial, before a grand jury, or at a preliminary hearing, (ii) of a statement made during a custodial interrogation that was not recorded as required by this Section, because electronic recording was not feasible, (iii) of a voluntary statement, whether or not the result of a custodial interrogation, that has a bearing on the credibility of the accused as a witness, (iv) of a spontaneous statement that is not made in response to a question, (v) of a statement made after questioning that is routinely asked during the processing of the arrest of the suspect, (vi) of a statement made during a custodial interrogation by a suspect who requests, prior to making the statement, to respond to the interrogator's questions only if an electronic recording is not made of the statement, provided that an electronic recording is made of the statement of agreeing to respond to the interrogator's question, only if a recording is not made of the statement, (vii) of a statement made during a custodial interrogation that is conducted out-of-state, (viii) of a statement given at a time when the interrogators are unaware that a death has in fact occurred, or (ix) of any other statement that may be admissible under law. The State shall bear the burden of proving, by a preponderance of the evidence, that one of the exceptions described in this subsection (e) is applicable. Nothing in this Section precludes the admission of a statement, otherwise inadmissible under this Section, that is used only for impeachment and not as substantive evidence.
(f) The presumption of inadmissibility of a statement made by a suspect at a custodial interrogation at a police station or other place of detention may be overcome by a preponderance of the evidence that the statement was voluntarily given and is reliable, based on the totality of the circumstances.
(g) Any electronic recording of any statement made by an accused during a custodial interrogation that is compiled by any law enforcement agency as required by this Section for the purposes of fulfilling the requirements of this Section shall be confidential and exempt from public inspection and copying, as provided under Section 7 of the Freedom of Information Act, and the information shall not be transmitted to anyone except as needed to comply with this Section.
(Source: P.A. 93-206, eff. 7-18-05; 93-517, eff. 8-6-05; 94-117, eff. 7-5-05.)
(725 ILCS 5/103-3) (from Ch. 38, par. 103-3)
Sec. 103-3. Right to communicate with attorney and family; transfers.
(a) Persons who are arrested shall have the right to communicate with an attorney of their choice and a member of their family by making a reasonable number of telephone calls or in any other reasonable manner. Such communication shall be permitted within a reasonable time after arrival at the first place of custody.
(b) In the event the accused is transferred to a new place of custody his right to communicate with an attorney and a member of his family is renewed.
(Source: Laws 1963, p. 2836.)
(725 ILCS 5/103-4) (from Ch. 38, par. 103-4)
Sec. 103-4. Right to consult with attorney.
Any person committed, imprisoned or restrained of his liberty for any cause whatever and whether or not such person is charged with an offense shall, except in cases of imminent danger of escape, be allowed to consult with any licensed attorney at law of this State whom such person may desire to see or consult, alone and in private at the place of custody, as many times and for such period each time as is reasonable. When any such person is about to be moved beyond the limits of this State under any pretense whatever the person to be moved shall be entitled to a reasonable delay for the purpose of obtaining counsel and of availing himself of the laws of this State for the security of personal liberty.
(Source: Laws 1963, p. 2836.)
(725 ILCS 5/103-5) (from Ch. 38, par. 103-5)
Sec. 103-5. Speedy trial.)
(a) Every person in custody in this State for an alleged offense shall be tried by the court having jurisdiction within 120 days from the date he was taken into custody unless delay is occasioned by the defendant, by an examination for fitness ordered pursuant to Section 104-13 of this Act, by a fitness hearing, by an adjudication of unfitness to stand trial, by a continuance allowed pursuant to Section 114-4 of this Act after a court's determination of the defendant's physical incapacity for trial, or by an interlocutory appeal. Delay shall be considered to be agreed to by the defendant unless he or she objects to the delay by making a written demand for trial or an oral demand for trial on the record. The provisions of this subsection (a) do not apply to a person on bail or recognizance for an offense but who is in custody for a violation of his or her parole or mandatory supervised release for another offense.
The 120-day term must be one continuous period of incarceration. In computing the 120-day term, separate periods of incarceration may not be combined. If a defendant is taken into custody a second (or subsequent) time for the same offense, the term will begin again at day zero.
(b) Every person on bail or recognizance shall be tried by the court having jurisdiction within 160 days from the date defendant demands trial unless delay is occasioned by the defendant, by an examination for fitness ordered pursuant to Section 104-13 of this Act, by a fitness hearing, by an adjudication of unfitness to stand trial, by a continuance allowed pursuant to Section 114-4 of this Act after a court's determination of the defendant's physical incapacity for trial, or by an interlocutory appeal. The defendant's failure to appear for any court date set by the court operates to waive the defendant's demand for trial made under this subsection.
For purposes of computing the 160 day period under this subsection (b), every person who was in custody for an alleged offense and demanded trial and is subsequently released on bail or recognizance and demands trial, shall be given credit for time spent in custody following the making of the demand while in custody. Any demand for trial made under this subsection (b) shall be in writing; and in the case of a defendant not in custody, the demand for trial shall include the date of any prior demand made under this provision while the defendant was in custody.
(c) If the court determines that the State has exercised without success due diligence to obtain evidence material to the case and that there are reasonable grounds to believe that such evidence may be obtained at a later day the court may continue the cause on application of the State for not more than an additional 60 days. If the court determines that the State has exercised without success due diligence to obtain results of DNA testing that is material to the case and that there are reasonable grounds to believe that such results may be obtained at a later day, the court may continue the cause on application of the State for not more than an additional 120 days.
(d) Every person not tried in accordance with subsections (a), (b) and (c) of this Section shall be discharged from custody or released from the obligations of his bail or recognizance.
(e) If a person is simultaneously in custody upon more than one charge pending against him in the same county, or simultaneously demands trial upon more than one charge pending against him in the same county, he shall be tried, or adjudged guilty after waiver of trial, upon at least one such charge before expiration relative to any of such pending charges of the period prescribed by subsections (a) and (b) of this Section. Such person shall be tried upon all of the remaining charges thus pending within 160 days from the date on which judgment relative to the first charge thus prosecuted is rendered pursuant to the Unified Code of Corrections or, if such trial upon such first charge is terminated without judgment and there is no subsequent trial of, or adjudication of guilt after waiver of trial of, such first charge within a reasonable time, the person shall be tried upon all of the remaining charges thus pending within 160 days from the date on which such trial is terminated; if either such period of 160 days expires without the commencement of trial of, or adjudication of guilt after waiver of trial of, any of such remaining charges thus pending, such charge or charges shall be dismissed and barred for want of prosecution unless delay is occasioned by the defendant, by an examination for fitness ordered pursuant to Section 104-13 of this Act, by a fitness hearing, by an adjudication of unfitness for trial, by a continuance allowed pursuant to Section 114-4 of this Act after a court's determination of the defendant's physical incapacity for trial, or by an interlocutory appeal; provided, however, that if the court determines that the State has exercised without success due diligence to obtain evidence material to the case and that there are reasonable grounds to believe that such evidence may be obtained at a later day the court may continue the cause on application of the State for not more than an additional 60 days.
(f) Delay occasioned by the defendant shall temporarily suspend for the time of the delay the period within which a person shall be tried as prescribed by subsections (a), (b), or (e) of this Section and on the day of expiration of the delay the said period shall continue at the point at which it was suspended. Where such delay occurs within 21 days of the end of the period within which a person shall be tried as prescribed by subsections (a), (b), or (e) of this Section, the court may continue the cause on application of the State for not more than an additional 21 days beyond the period prescribed by subsections (a), (b), or (e). This subsection (f) shall become effective on, and apply to persons charged with alleged offenses committed on or after, March 1, 1977.
(Source: P.A. 94-1094, eff. 1-26-07.)
- Small, Brian:
DUI has many consequences beyond a courtroom. In addition to fines and even jail time you may be faced to explain to family, friends and employers why you can not drive.
Most charges are misdemeanors but some individuals face felonies. Often times prosecutors seek out felony charges because of a child in the vehicle or the individual was driving on a suspended license. Penalties sought range from up to one year in jail and a $2,500 fine to a multi-year prison sentence.
In addition to possible jail time and steep fines you will also face higher insurance rates and a loss of driving privileges. The additional costs and inability to drive only compound the difficulty of having a DUI on your record.
- Miller, Matthew:
# DUI / Driving Under the Influence
# - Criminal Defense
# - Misdemeanors
# - Felonies
# - Domestic Violence
# - Drug Violations
# - Sex Offenses
# - Firearm and Gun Offenses
# - Illegal Search and Seizure
# - White Collar Crime
# - Traffic Violation
# - Theft and Property Crimes
# - Parole or Probation Violations
- Soliz, Juan:
Fighting Your DUI Charges
Many factors can come into play concerning a DUI stop. Any mistake made by the police or any flaw in a test could lead to a false positive result of drunk driving.
- Sanan, Nishey:
Being investigated? Contact an experienced attorney as soon as possible.
When you are facing a government investigation, the smartest strategy is to get an attorney involved as soon as possible. The government does not wait until you are charged to begin building a case against you that can destroy your professional or personal reputation. Whether you are facing charges of business fraud, a federal sex crime offense or are accused of racketeering, you need to protect your rights.
- White, Martha:
When you've been arrested for driving while under the influence of alcohol you really do need help. In Illinois, DUI charges have serious consequences. If you are found guility, you can lose your license, be fined, your insurance can go up or be cancelled, and it carries jail time.
Most people arrested for DUI have never been in any other type of criminal trouble and are confused, frustrated, and anxious about the entire process.
- Haderlein, Gerald:
* Real Estate Law
* Probate Law
* Misdemeanors
* Wills and Trusts
* Dui Law
- Leeders & Associates:
When you have been arrested for DUI / Drunk Driving in Illinois, you
need to be able to depend on your DUI Defense attorney. Being charged
with DUI in Illinois subjects you to stiff fines and penalties,
including license suspension and even jail. It is imperative that you
seek the immediate help of a knowledgeable and experienced Chicago DUI
lawyer to help avoid these stiff fines and penalties.
Can the state prove their case beyond a reasonable doubt? The State
must prove that you were the driver operating the vehicle or in actual
physical possession of the vehicle.
The State must prove that you were legally intoxicated while the driver
or in actual physical possession of the vehicle. If your blood alcohol
content (BAC) is .08 percent or greater, or if you are using any other
intoxicating drugs then you are said to be legally intoxicated.
Breathalyzers, blood tests, field sobriety tests can all be challenged
for accuracy. However, the refusal to take any breathalyzer,
blood test or field sobriety test may result in automatic suspension of
your license. The State must prove beyond a reasonable doubt that you
were the driver or in actual physical control of a motor vehicle, in
Illinois, while you were legally intoxicated. If there is a reasonable
doubt on these issues then you must be found not guilty.
Can the state prove their case beyond a reasonable doubt?
1. The State must prove that you were the driver operating the vehicle or in actual physical possession of the vehicle.
2. The State must prove that you were legally intoxicated while the driver or in actual physical possession of the vehicle. If your blood alcohol content (BAC) is .08 percent or greater, or if you are using any other intoxicating drugs then you are said to be legally intoxicated.
3. Breathalyzers, blood tests, field sobriety tests can all be challenged for accuracy. However, the refusal to take any breathalyzer,
blood test or field sobriety test may result in automatic suspension of your license.
4. The State must prove beyond a reasonable doubt that you were the driver or in actual physical control of a motor vehicle, in Illinois, while you were legally intoxicated. If there is a reasonable doubt on these issues then you must be found not guilty.
Was the arrest valid?
1. Did the officer have a valid reason to stop you?
2. Was there probable cause to arrest you?
3. Did the officer give you the right to refuse a breathalyzer test?
4. Was the breathalyzer given by the officer calibrated?
5. Were your Miranda rights given to you at the time of arrest?
- Michael J. Petro:
Significant areas of legal expertise ´ Federal Charges Internet
Offenses, Drug Cases, Conspiracy, RICO, Health Care Fraud, Bank Fraud,
Bank Robbery, Mail/Wire Fraud, Tax Offenses, Theft, Embezzlement, Money
Laundering, All White Collar Crimes. ´ State Charges Murder, Reckless
Homicide, Drug Offenses, Robbery, Assault and Battery, Sex Charges,
Drug Possession, Gun Possession, Theft, Forgery, Domestic Violence,
Misdemeanors, DUI/DWI, Solicitation, Prostitution. ´ Appeals Appeals
and Post Conviction Cases in all U.S. Federal and Illinois State
Courts. ´ Investigations
- Ralph Meczyk: When
you are being accused of a crime you need a criminal defense lawyer who
is driven by the desire to protect and defend people.
- Michael O'Mera:
Illinois law makes it a crime for a driver to operate a vehicle while
impaired by the effects of alcohol or drugs. If your blood alcohol is
above .08 then you are driving under the influence of alcohol. If you
are under 21 and are driving with any alcohol in your system, it is
possible for you to be charged with an Illinois DUI. Additionally, a
failure to take breathalyzer test can result in suspension of your
driving privileges through the Secretary of State's office. Penalties
for being convicted of driving under the influence in Illinois include
fines, alcohol classes, community service, forfeiture of your vehicle
and possibly prison. A sentence is based upon your prior record,
whether there were injuries to others, level of intoxication and other
factors.
- Laurence Bolon: In the last twenty years, the penalties for
drunk driving have become far more severe than they were in the past.
First-time offenders face potential jail time and fines, although often
the penalty for a first-time offense will be something less than jail
time in exchange for a guilty plea. Repeat offenders are usually
treated more harshly, with substantial fines and mandatory jail
sentences that may not be suspended or waived by the court. State
administrative regulations often call for suspension or revocation of a
defendant's driver's license in addition to any criminal penalty.
Defendants have sometimes tried to make the argument that this
administrative suspension is double jeopardy prohibited by the U.S.
Constitution, but these arguments have never succeeded.
- Matthew McQuaid:
IF YOU HAVE BEEN CHARGED WITH A CRIME,
YOU NEED A LAWYER TO PROTECT YOUR RIGHTS!
Hiring a competent attorney will give you the best outcome of your case.
- Christian Collin:
If you have been charged with driving under the influence, you need competent legal counsel on your side.
- Benjamin Harrison: Parole and probation are both
supervisory-type mechanisms employed in the punishment phase of the
criminal justice process. Parole comes into play after a person has
been imprisoned and is released. Probation, by contrast, refers to a
criminal sentence separate and distinct from incarceration. Probation
is the most frequent sentence imposed and typically involves releasing
the convicted offender into the community subject to a list of terms
and conditions. The actual terms can vary widely, based on the
underlying crime, the characteristics of the offender, and the
resources of the probation system. All probations are subject to a
requirement that the offender refrain from committing further crimes.
- David Daudell:
If you have been charged with a crime, it is important to speak with an experienced criminal defense lawyer as soon as possible.
- Frank Tedesso:
Pursuant to Federal Rule of Criminal Procedure (FRCP) 11, prosecutors
may promise to move to dismiss other charges or recommend that the
court authorize a specific sentence or sentencing range in order to
encourage a criminal defendant to plead guilty to a certain charge. In
addition, Rule 11 requires courts to advise a defendant considering
entering into a plea agreement that the defendant has no right to
withdraw the plea if the court does not follow the prosecutor's request
or recommendation.
In fact, failure to warn a defendant that there is no right to withdraw
a plea if the court rejects the prosecutor's request or recommendation
may entitle a defendant who is subsequently convicted to obtain relief
based on a Rule 11 failing.
- Todd Urban:
Almost all states increase a charge for driving while under the
influence of alcohol or drugs (DUI) from a misdemeanor to a felony when
a driver has had a certain number of prior DUI convictions.
Accordingly, prosecutors in DUI cases will often search for prior DUI
convictions to enhance a new charge. However, the admissibility of a
prior conviction in court can depend on when and where the prior
conviction occurred.
- Scott Levy: The
U.S. Constitution grants an accused the right to "a speedy and public
trial, before an impartial jury" in "all criminal prosecutions." The
alternative to a jury trial is a "bench" trial; i.e., a trial by a
judge. In a jury trial, the jury determines facts and applies legal
principles to reach a verdict. In a bench trial, however, the judge
decides virtually everything.
- Richardson, Stasko, Boyd & Mack:
Driving Under the Influence "DUI" is defined as operating a motor
vehicle while under the influence of alcohol, other drug or drugs,
intoxicating compound or compounds or any combination thereof. In
Illinois, the driver of a motor vehicle is legally considered to be
under the influence if (1) the alcohol concentration in the person's
blood or breath is .08 or more, (2) under the influence of alcohol, (3)
under the influence of any intoxicating compound or drug to a degree
that renders the person incapable of driving safely, (4) under the
combined influence of alcohol, drugs, or intoxicating compounds that
renders the person incapable of driving safely, and (5) there is any
amount of a drug, substance, or compound in the person's breath, blood,
or urine resulting from the unlawful use or consumption of cannabis
listed in the Cannabis Control Act, a controlled substance listed in
the Illinois Controlled Substances Act, or an intoxicating compound
listed in the Use of Intoxicating Compounds Act.
- Steve Greenberg:
Despitestate legislation thatallows marijuana use for medical
purposes,the federal government has not yet enacted legislation in
confirming the legality of such laws. Under federal law, penalties for
possession of marijuana can be up to three years in jail and a $5,000
fine.However, at least one federal court has ruled otherwise,
indicatingan exception to marijuana use for medicinal purposes.
- Richard Kling:
In a criminal case, a government agency seeks to punish you or entities
for behavior that the state or country has declared unlawful.
Prosecutors decide whether to file charges against a defendant
Convictions may result in fine, jail, or both The burden of proof is
"beyond a reasonable doubt" Usually the government will pay for your
attorney if you can't afford one Criminal defendants are almost always
entitled to a jury trial
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