Being charged with a DUI for the first time can be overwhelming. It’s natural to worry about the future and whether you need a DUI defense attorney.

Take a deep breath—you’re not alone.

A first-time DUI doesn’t define you. Whether you didn’t realize you were over the limit or the stop was flawed, how you handle it now matters. A skilled Chicago criminal defense lawyer can help protect your future. At the Law Offices of Andrew Weisberg, we’re here to guide you through this challenging time.

What Happens After a First-Time DUI Arrest in Chicago?

In Illinois, a first DUI is a Class A misdemeanor. This means potential consequences like up to a year in jail, significant fines, a suspended license, and a permanent criminal record. However, not everyone charged with a DUI faces these outcomes. How your case is handled plays a major role and the criminal defense lawyer you choose can make all the difference.

If you’ve been arrested for a DUI in Chicago, it’s vital to understand your options. A skilled DUI defense lawyer can guide you through the process and work to protect your future.

Is a Lawyer Necessary for Your First DUI in Illinois?

Technically? No. You can walk into court alone and represent yourself. But that’s kind of like trying to fix your car’s engine without knowing what a wrench is.

Prosecutors and judges in Cook County don’t hand out free passes just because it’s your first offense. They’re under pressure to take drunk driving seriously, especially in a city like Chicago, where road safety is a huge public concern.

Without a Chicago DUI defense lawyer, you might miss out on options like court supervision or reduced charges—things that could make the difference between a clean record and a lasting conviction.

What Can Happen if You Don’t Hire a DUI Lawyer?

It’s common to think that a first DUI charge isn’t that serious, but the consequences can be far-reaching. A conviction could:

• Impact your job and future career opportunities
• Limit your ability to travel, especially internationally
• Stay on your record for years, affecting your reputation and life

It’s easy to rush into a decision, but before you plead guilty, take the time to understand your options. A skilled Chicago criminal defense lawyer can help you minimize the impact and protect your future.

Can a DUI Defense Attorney Help Reduce the Charges?

Yes—and it’s not just about “getting you off.” It’s about protecting your future. A Chicago DUI defense attorney can look closely at how you were stopped, whether the breath test was handled properly, or if your rights were violated in any way.

Andrew Weisberg is a former Cook County prosecutor with a deep understanding of the system. His experience allows him to anticipate how DUI cases are prosecuted and defend his clients effectively, aiming for the best possible outcome.

Speak to a Chicago, IL Criminal Defense Lawyer Today

A DUI charge is serious, but you don’t have to face it alone. It’s easy to feel overwhelmed, but having the right support can make all the difference in protecting your future. A Chicago, IL criminal defense lawyer can help you understand your options and guide you through the process with confidence.

Reach out today to the Law Offices of Andrew Weisberg at (773) 908-9811 or contact us online for a confidential consultation. You deserve someone in your corner who understands what you’re going through and will fight for the best possible outcome.

Driving under the influence (DUI) charges in Chicago are always serious matters, but the situation can become significantly more concerning when you are charged with aggravated DUI. Different factors regarding the allegations against you and your previous record can result in DUI charges escalating to aggravated DUI.

If you are facing aggravated DUI charges in Chicago, don’t wait to speak with a Chicago DUI defense attorney. Contact the Law Offices of Andrew Weisberg today for a strong defense strategy to protect your rights and seek the best possible outcome in your case.

Driving Under the Influence with a Suspended or Revoked License

One of the leading factors that can result in aggravated DUI charges in Chicago is driving under the influence while your license is suspended or revoked. In Illinois, driving on a suspended or revoked license is already considered a serious offense. However, combining this offense with a DUI can elevate the charges to aggravated DUI.

Whether your license was suspended due to a previous DUI conviction or for any other reason, being caught driving under the influence can lead to enhanced penalties. The court takes these cases seriously to deter individuals from driving while their driving privileges are revoked or suspended.

Causing Bodily Harm or Death

Another factor that can result in aggravated DUI charges in Chicago is causing bodily harm or death to another person while driving under the influence. If you are involved in a DUI-related accident that results in injury to another person, you may face aggravated DUI charges. The severity of the injuries will determine the severity of the charges and potential penalties. If the accident results in a fatality, you may be charged with aggravated DUI causing death, which can carry even harsher consequences.

Multiple DUI Convictions

Having multiple DUI convictions on your record can lead to aggravated DUI charges in Chicago. The court takes a history of repeat offenses very seriously. Each subsequent DUI conviction within a specific time frame, typically within 10 years, carries enhanced penalties. These penalties may include longer jail sentences, higher fines, mandatory alcohol treatment programs, and extended license suspensions.

Understanding the Penalties

Being convicted of aggravated DUI in Chicago can result in severe penalties, which depend on the circumstances of the offense, any prior convictions, the assigned judge’s discretion, and more. However, in general, the potential penalties for aggravated DUI can include:

• Large fines: Aggravated DUI convictions can result in fines ranging from several thousand dollars to tens of thousands of dollars, depending on the severity of the offense and any previous convictions.
• License suspension: Aggravated DUI charges often lead to lengthy license suspensions, which may range from several months to several years, or even a lifetime revocation in extreme cases. The length of the suspension can vary depending on the severity of the offense and any prior convictions.
• Mandatory alcohol treatment programs: In many aggravated DUI cases, the court may require the offender to complete mandatory alcohol treatment programs as part of their sentence. These programs are aimed at addressing the underlying issues that contributed to the DUI offense and ensuring that the individual receives the necessary help and support to avoid future DUI incidents.
• Imprisonment: Depending on the circumstances of the offense, aggravated DUI convictions can result in imprisonment. The length of the sentence will vary based on factors such as the severity of the offense, any prior convictions, and the assigned judge’s discretion.

In Chicago, the penalties for aggravated DUI are particularly severe because of the city and Illinois’s commitment to crack down on drunk driving and protect public safety. However, keep in mind that not all aggravated DUI charges are justified, and there are many defenses available and warranted in many situations.

Have a defense attorney review your situation, and they might explore defense strategies, including:

• Demonstrating the traffic stop or evidence collection violated your constitutional rights
• Chemical testing was flawed and unreliable
• Challenging the aggravating factors presented by the prosecution
• Challenging the arresting officer’s testimony or other key evidence

Consult a Chicago Criminal Defense Lawyer Now

If you or someone you know is facing aggravated DUI charges in Chicago, you need a skilled and experienced Chicago criminal defense lawyer by your side. The Law Offices of Andrew Weisberg is a leading firm handling criminal defense, including DUI cases.

Never face aggravated DUI charges in Chicago alone. Contact the Law Offices of Andrew Weisberg today for a strong defense strategy tailored to your specific case. Don’t wait—act now to safeguard your rights and protect your future.

Halloween is a holiday many people love. It’s entertaining to dress up and attempt to eat your body weight in fun-size candy bars, but Halloween has a side many people don’t consider: An increase in crime.

Unfortunately, something about this holiday causes some to take things too far and engage in criminal activity. Whether this describes you or you feel like you were wrongfully accused, here’s what you need to know if you’ve got caught up in the crime crackdown that seems to accompany Halloween in Illinois each year.

Common Halloween Crimes

What crimes tend to see an increase around Halloween? The most common in the state of Illinois include:

Theft

Theft in Illinois can range from a misdemeanor to a Class X felony, the most severe type of felony here. Illinois defines theft as obtaining or taking control over the property of another knowingly without their consent and with the intention of not giving it back.

What charge a person faces depends on the value of the property taken.

A Class A misdemeanor gets charged in most cases where the property is worth less than $500. It can result in up to 12 months in jail and fines of $2,500.

The most severe theft charge is a Class X Felony. This charge is reserved for property theft valued over $1 million. Someone convicted of a Class X felony can spend as much as 30 years in prison and receive fines of up to $25,000. Restitution is also often ordered to be paid for theft crimes as well.

Vandalism

Vandalism in Illinois is classified as criminal damage to property. The penalties are often determined by the type of property damaged, as well as the value of it.

Criminal damage occurs when a person commits certain acts without the property owner’s consent, such as damage to property, injuring a pet, damage to property through fire or explosion, or starting a fire knowingly on the land of another person, among other acts.

Property damage in Illinois can range in penalties and become harsher as the value of the property damaged increases. Penalties are also harsher if the property involved in the crime is a church or school.

In the least severe cases, property damage up to $300 is a Class A misdemeanor, which can result in fines and up to one year in jail. Penalties increase from there, culminating in a Class 2 felony for damage over $100,000. You can face up to seven years in prison and high fines if convicted.

Driving Under the Influence

Driving under the influence is one of the most common crimes in Illinois. The occurrence of it tends to increase around a major holiday like Halloween. It is illegal in the state to operate a motor vehicle with a blood alcohol content of 0.08 percent or higher.

The penalties depend on if you have any previous DUIs on your criminal record and your blood alcohol content at the time of your arrest. The penalties for this crime can range from one year behind bars to up to 30 years in prison.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

This year has flipped every rulebook on its head. The ways that we go to work, order food, go to the grocery store, and meet up with friends have all been affected by the COVID-19 pandemic.

Work happy hours now take place online and rideshares appear to be more dangerous than safe. One thing has stayed the same, however: you cannot drink and drive in Illinois.

Don’t Let a Post-COVID World Tempt You to Drive Drunk

Earlier this month, Illinois’s top doctor released a list of recommendations for people who want to attend holiday gatherings in the next few months.

We all miss our families and friends, but COVID-19 will not be taking a break at the end of 2020. Avoid catching (or spreading) Coronavirus by adhering to the following guidelines:

• Limit gatherings to small groups of people
• Gather outdoors – if gathering indoors, open windows for better ventilation
• Quarantine for two weeks before travel or gatherings
• Wash hands often, stay six feet apart, and social distance
• Stay at home if you show any symptoms of COVID-19
• Choose curbside pickup or online shopping over in-person options

These guidelines don’t make the holidays any more fun, but they do keep everyone safe from catching a virus that has killed over 210,000 Americans.

Consider How You Are Getting to Gatherings

The safest option for you and your family is to stay home or gather virtually during the holiday season. We know that not everyone is going to go that route. If you do choose to meet up with family members, consider how you are arriving and leaving the gathering. Are you going to drive? Take the bus? Call a rideshare driver?

To prevent the spread of COVID, the safest option is to drive with the members of your household. If you do choose to rideshare, be sure to wear a mask, sanitize before and after the ride, and roll down the window for some ventilation.

Driving with your household is only the safest option when your household has a designated driver. Do not allow your fear of rideshares or public transportation to overshadow your fear of drinking and driving.

Staying safe always means staying sober behind the wheel.

Stay Safe By Staying Sober

Illinois has lost almost 10,000 people to COVID-19. We also lose 1,000 people every year to drunk driving. These deaths are preventable.

If you follow the guidelines put out by law enforcement and public health officials, you can help to reduce these deaths and keep our state safe. Otherwise, face the consequences.

You Can Get Pulled Over

Law enforcement officials know the danger of driving drunk, and they are determined to catch drivers before they become a statistic. If they see you swerving, speeding, or displaying any other unusual behavior that could signal drunk driving, they can and will pull you over. ( Yelling “I have Coronavirus!“ at law enforcement officers won’t get you off the hook.)

You Can Face Criminal Charges

If you appear to be intoxicated or fail a Breathalyzer, law enforcement officers will arrest you and charge you with drunk driving.

A DUI comes with serious costs, including:

• Suspension of vehicle registration
• Possible fines and jail time
• Loss of income (or your job)
• Possible restitution (if the damage was caused to another car or pedestrian)

You Can Pay Hefty Fines for a DUI

Estimates put the cost of a DUI at around $16,000. That leaves very little room for holiday gifts. The freedom of drinking at holiday events (and the fear of getting into a small car with a stranger) is not worth the risk of potentially losing your license, getting arrested, and dealing with a DUI charge throughout 2021.

Choose a Designated Driver Before You Go Out

The year 2020 is one that’s been full of hard conversations. Should you attend family gatherings in the first place? What makes a person safe to be around? Is Uber an option for this year’s family gatherings?

Your partner or housemates may decide that using a rideshare app is a more safe and practical option for family gatherings. Another housemate may propose switching off designated drivers for different holidays. Someone else may suggest staying home altogether.

The safest thing to do is to stay home. Do not allow the virus to hop from family member to family member this holiday season.

If you do attend a family gathering, be sure to wear masks, social distance, and stay in well-ventilated areas. Plan your route and designate a driver before you arrive. COVID kills – and so does drunk driving.

COVID can ruin your holiday and your life for the foreseeable future – and so can drunk driving. Do not risk your safety this holiday season: stay safe and stay sober.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

While there are situations where you can pay a fine online, or enter a plea without going into a courthouse, in Illinois, there are three traffic offenses that will land a person in front of a judge no matter what. These offenses are taken very seriously and have serious penalties associated with them.

It’s important for anyone operating a vehicle in Illinois to understand the laws surrounding driving in the state and what can be faced if those laws are broken. Here’s what you need to know about three traffic violations that will force you to appear in court in Illinois.

Driving Under the Influence (DUI)

It is unlawful in the state of Illinois to be in physical control or drive a car if:

• You have a blood-alcohol level of .08 percent or above
• You are under the influence of alcohol
• You are under the influence of drugs, intoxicating compounds, alcohol, or a mix of any of them that renders you unable of safely driving
• You have five nanograms of THC or more in your blood or ten or more nanograms in another bodily fluid within two hours of operating a vehicle
• You have any amount of a controlled substance in your urine, blood, or other bodily substance

Penalties for DUI Convictions

The penalties for a DUI conviction can be harsh, especially if you have more than one DUI on your record. The penalties can also be more severe if your blood alcohol level was above .16 percent or you had a passenger in the car under the age of 16.

For a first DUI offense, you can face:

• Up to 364 days in jail
• 100 hours of community service
• Fines up to $2,500
• Revocation of your driver’s license for up to one year

For a second DUI offense, you can face:

• Up to 364 days in jail
• 480 hours of community service
• Fines up to $2,500
• Revocation of your driver’s license for up to five years

For a third DUI offense or beyond, you can face:

• Up to seven years in jail
• Fines up to $25,000
• Revocation of your driver’s license for a minimum of 10 years

A third offense is considered a Class II felony in Illinois, which means that a jail sentence is mandatory. For any DUI conviction, you may also need to complete a drug and alcohol assessment and counseling sessions.

Reckless Driving

Reckless driving in Illinois is defined as:

• When someone wantonly or willfully disregards the safety of other people or property while operating a vehicle
• When someone knowingly uses an incline to launch their vehicle and become airborne

A few examples of reckless driving include:

• Driving the car at a high rate of speed above the posted speed limit
• Driving a car negligently
• Changing lanes erratically without signaling
• Using an incline such as a railroad track to cause your vehicle to become airborne

Penalties for Reckless Driving

Reckless driving is charged as a Class A misdemeanor in Illinois. The penalties for a conviction of a Class A misdemeanor include:

• Up to one year in jail
• Fines up to $2,500

If convicted of reckless driving you can also have one point added to your license, which puts your license at risk for suspension.

Operating a Vehicle Without a Valid License

If you get caught operating a vehicle without a valid license, then you may simply get a ticket or you can face arrest. However, a ticket still comes with a court date and possible fines. This offense is charged as a Class B misdemeanor.

Penalties for Operating a Vehicle Without a License

The penalties you could face for this crime include:

• Up to six months in jail
• Fines up to $1,500
• Probation for a period of up to two years

Ultimately, it’s easy to forget that driving is a privilege, not a right. Don’t take it for granted, make sure to operate vehicles you drive responsibly, or your privilege may be taken away.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

While it is never a smart idea to resist arrest or to threaten police officers, now — amidst a viral pandemic — is certainly not the time. One man in Niles, Illinois learned this the hard way.

He thought that he could avoid a DUI arrest by screaming at officers that he had the coronavirus while spitting to keep them at bay. We probably don’t have to tell you, but things did not turn out the way he thought they would.

On top of felony-level DUI charges, the man is now facing an extra felony charge of battery of a police officer. “Resisting arrest” is one of the most common charges stacked with other infractions — including DUI.

So What are Stacked Charges in Illinois?

Stacked charges, as the name suggests, are charges which are added (or stacked) on top of other charges. These extra charges generally increase the severity of the original charge and come with more severe punishments.

Police generally use charge stacking as a way to ensure a conviction when a case makes it to court. This is especially troublesome for defense attorneys as it is much harder to defend against multiple charges and secure a positive outcome.

Officers have complete discretion when it comes to the charges they initially list in the booking. This means, for suspects who have caused significant problems, resisted arrest, acted violently, etc., officers may be inclined to further stack charges.

This can be extra troublesome when the initial reason for the arrest was relatively minor. In the case of the Illinois gentleman, the initial DUI charge could have been more easily defended against and may not have come with significant consequences compared to the felony battery of an officer.

Illinois DUI Laws

Had the Niles man above cooperated with officers, his charges and subsequent punishment would have been much less severe. DUI in the state of Illinois is defined as driving while these elements are present:

• Blood alcohol concentration (BAC) of at least .08%
• Being under the influence of alcohol, intoxicating compounds, drugs, or a combination thereof to an extent that renders the person incapable of driving safely
• Any amount of a controlled substance in the person’s blood, urine, or other bodily substance, or
• Tetrahydrocannabinol (THC) concentration of five nanograms or more in the blood or ten nanograms or more in another bodily substance within two hours of driving or being in actual physical control of a vehicle.

The severity of a DUI charge depends on the circumstances surrounding the arrest and whether or not it is a person’s first conviction. Furthermore, multiple DUIs on a person’s record do increase fines and jail time, as well as the period a person’s license is revoked.

The most severe penalties for driving under the influence can include up to 7 years of jail time (that’s for repeat offenders), several thousand dollars in fines, and having your license revoked for up to ten years.

Still, multiple felonies for an assault on a police officer and reckless endangerment stacked on top? Offenses that took just a few minutes to commit (and probably in a panic) could wind up costing the Illinois resident a whole lot more than that!

If you find your self in a similar situation, our first piece of advice? Find experienced representation. COVID-19 has made for heightened emotions which can easily lead to poor judgment.

Having the right lawyer on your side can mean the difference between paying your dues and overpaying for a much longer period.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

This is okay – but only under certain circumstances. Therefore, if you’re going to allow your teen to drink over the holidays this year, it’s important to know what you can do, and what could result in criminal penalties for you, your teen, or both.

We’ve put together a guide covering Illinois law regarding underage drinking, including what’s allowed, what isn’t, and the consequences you and/or your child could face for underage drinking charges.

What You Are Allowed to Do in Illinois

As a general rule, underage drinking is illegal in Illinois and all other states. Minors are not allowed to consume or possess alcohol, and doing so is known as the crime of Minor in Possession (MIP).

However, there are two exceptions to this law in our state:

• Minors may consume alcohol in the privacy of a home when under the direct supervision and permission of a parent or guardian
• Minors may consume, possess, or dispense alcohol in the performance of a religious ceremony

This means that you can let your child enjoy a reasonable amount of your family’s “traditional eggnog” and that you need not be concerned about communion wine.

However, you cannot let your child drive for the rest of the day, as Illinois has a zero-tolerance policy for underage drinking and driving. This means that if your child is stopped, any blood alcohol content whatsoever will result in loss of driving privileges.

That’s just the beginning, though. There are many things that you (and your child) can’t do when it comes to underage drinking.

What You Are Not Allowed to Do in Illinois

If your child’s friend happens to be a guest at your holiday meal, you are not allowed to serve them alcohol unless their parent or guardian is present and gives permission.

In fact, facilitating underage drinking as an adult is a crime, and will have serious legal ramifications for you:

• Class A misdemeanor
• Class 4 felony if a minor leaves the property intoxicated or an alcohol-related related death occurs

Felonies are almost always punishable by jail time, and you can expect probation and hefty fines to accompany a misdemeanor-level conviction.

Illinois Underage Drinking Laws, Sentences, and Penalties

As we mentioned above, it is illegal for anyone under 21 to possess or consume alcohol. Minors who are caught possessing or consuming alcohol can be charged with Minor in Possession, which is a Class A misdemeanor punishable by:

• Up to one year in jail
• A fine up to $2,500

In addition, a judge can impose any of the following:

• Supervision
• Probation
• Conditional discharge
• Restitution
• Community service
• Work release
• Home detention

Any criminal record could hurt your child’s chance of getting into college and obtaining financial aid, and could also limit employment prospects.

Presenting Fake Identification to Obtain Alcohol in Ilinois

It is also illegal for a minor under the age of 21 to present fake identification to purchase alcohol, which is a common juvenile offense. If caught, minors will be charged with a Class A misdemeanor, punishable by:

• A fine not less than $500
• At least 25 hours of community service, usually to be performed at an alcohol abuse prevention program.

Zero Tolerance While Driving

We touched on this above, but Illinois has a zero-tolerance policy for underage drinking and driving.

This means that if your child is caught with even trace amounts of alcohol in his or her system, but is under the legal limit of 0.08% blood alcohol content (BAC), he or she will still lose driving privileges.

The penalties for a zero-tolerance while driving violation are:

• First offense: Three-month suspension of driving privileges
• Second offense: One-year suspension of driving privileges

Underage DUI in Illinois

If your child is caught driving with a BAC over the legal limit of 0.08%, he or she will be charged with an underage DUI. If the BAC is more than 0.05% and there is evidence of impairment, this will also result in a DUI charge.

An underage DUI conviction is punishable by the following:

• First conviction: Up to one year in jail and a fine up to $2,500 with minimum 2-year revocation of driver’s license
• Second conviction: Up to one year in jail and a fine up to $2,500, with revocation of driver’s license for at least five years, or until age 21, whichever is longest. This also carries a mandatory minimum jail sentence of five days or 240 hours of community service.

The takeaway?

It’s okay to let your teen enjoy a small amount of alcohol over the holidays, but only under certain circumstances. That’s what makes it so important to understand the laws surrounding underage drinking in Illinois.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

Prom and graduation season is upon us. Unfortunately, teen drunk driving tends to increase this time of year – as do law enforcement efforts to prevent it.

Both of these annual events are known for “booze-fueled revelry,” and while getting behind the wheel under the influence is always a dangerous decision that can lead to serious or fatal injuries (and serious legal consequences), this is far truer for inexperienced drivers.

In fact, car crashes are the leading cause of death among teens, and about one-third of them are alcohol-related. In addition to the potential physical dangers of drunk driving, a DUI conviction will seriously compromise your teen’s future.

Today, we take a look at the more immediate legal consequences your teen could face for an Illinois DUI and how these charges could impact your teen down the line.

If your teen is already in trouble for underage drinking, it is imperative to be proactive in fighting back to beat or reduce these charges to protect their future. An experienced Chicago DUI attorney can help.

Zero Tolerance Law for Underage Drinkers in Chicago

Illinois has a Zero Tolerance Law for underage drinking and driving. That means that anyone under 21 caught driving after consuming any amount of alcohol will be charged with a DUI — even if they are under the legal limit.

Say, for example, that your teen has a beer with friends, and then heads home. He or she is stopped in a routine traffic stop, and the officer notices the smell of beer when asking for license and registration.

If a breathalyzer indicates even the slightest amount of alcohol was consumed, your teen will be be arrested and charged with a DUI, even if he or she is under the legal limit and was not exhibiting any signs of being impaired while driving.

How Illinois Handles Underage DUI Sentencing and Penalties

Once an underaged drinker has been caught drinking and driving, then arrested and taken to jail, the real problems begin. It doesn’t matter whether it’s a teen’s first offense drinking underage and driving, an underage DUI carries serious sentencing and penalties.

According to Illinois law, the first underage DUI conviction is punishable by the following:

• Loss of full driving privileges for at least two years
• Possible imprisonment of up to one year
• Fine up to $2,500

Penalties on the second DUI conviction are worse:

• Loss of full driving privileges for at least five years
• Mandatory five-day imprisonment or 240 hours community service
• Possible imprisonment of up to one year
• Fine up to $2,500

And when a teen is caught and convicted a third time for drinking and driving it is considered a Class 4 Felony, carrying penalties as follows:

• Loss of full driving privileges for up to 10 years
• Mandatory 18-30 month periodic imprisonment
• Possible imprisonment for up to seven years
• Fine up to $25,000

Underage drunk drivers are also subject to an array of other civil penalties, including ignition interlock devices, treatment programs and potential restitution. Additionally, your teen will have to carry high-risk car insurance for 13 years. Over this time, they (or you) may pay up to $40,000 more for car insurance.

Of course, we’re still only looking at the short term.

Long-term Impact of an Underage DUI in Illinois

You can already see that the criminal and civil penalties for an underage DUI are steep.

However, an underage DUI conviction may also profoundly affect your child’s future. The long-term repercussions of a teenage DUI are often far more grievous than many other juvenile crimes.

A DUI conviction may impact your teen’s life in the following ways:

• Some high schools and colleges may expel or otherwise punish students charged or convicted of an underage DUI.
• A DUI charge often affects college admissions. It will also put federal student financial aid and many other scholarships out of your child’s reach.
• If a potential employer runs a background check, the charges can make it harder for your child to find gainful employment after graduation.
• Suspension of your child’s driver’s license limits employment potential and your child’s social life.

Prom is supposed to be a time for your teen to make lifelong memories — but you want to make sure they’re the right lifelong memories. Underage DUI conviction carries harsh criminal and civil penalties, and will affect your teen’s future long after the case is closed.

Take steps to prevent your teen from driving drunk this season. If you have questions about DUI, ask a professional.

If your teen is already facing DUI charges, work with your defense attorney to get the charges dropped or reduced. Investing the time and resources to fight back against a DUI now will protect your child’s future as an adult. Don’t let a lapse of judgment in youth affect your child’s adult future.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

When an officer of the law in Illinois pulls you over under suspicion of DUI, he or she many choose to administer a field sobriety test. The NHTSA (National Highway Traffic Safety Administration) has approved several standardized tests to assess one’s sobriety while on the road.

Here’s something a lot of people don’t know, though: you can refuse to undergo a field sobriety test without suffering prescribed legal consequences. Many Illinois residents don’t realize this because they lump field sobriety tests together with breath and blood tests. However, while those tests do have set consequences for refusing to take them, field sobriety tests don’t.

To be fair, refusing a field sobriety test will most likely result in the officer arresting you.

However, typically by the time an officer asks someone to perform an FST, they’re already planning on arresting you. They just want the evidence they can gather from the tests to back up their decision.

No matter what happens, refusing a sobriety test limits the amount of incriminating evidence that can be used against you if you are charged with DUI. More evidence against you means a higher likelihood of conviction, which is something that can really cost you.

How Do Illinois Field Sobriety Tests Work?

The police in Illinois can use any or all of the following standardized tests to assess your sobriety.

HGN – Horizontal Gaze Nystagmus Test

During this test, a law enforcement officer observes the eyeball of the person being tested. An individual whose sobriety is compromised will display involuntary jerkiness of the eyeball.

WAT – Walk and Turn Test

It’s been found that BAC (Blood Alcohol Concentration) levels of 0.08% or more affect balance and coordination. During the Walk and Turn test, the police examine an individual’s ability to walk along a straight line and turn on one foot.

OLS – One Legged Stand Test

When performing this test, a police officer assesses one’s sobriety by asking them to stand on one leg for about 30 seconds.

Why You Should Refuse a Field Sobriety Test in Illinois

There are so many reasons. Here are just a few:

• None of the above tests is 100% accurate in determining the level of sobriety in a person.
• Incorrect administration and bias by the police officers oftentimes taint the accuracy of field sobriety tests.
• Just because you pass the FST doesn’t mean the police will let you go. There have been plenty of instances when a person passes the field sobriety test and the officer still brings them in and charges them with DUI.
• The law doesn’t obligate anyone to take a field sobriety test
• Field sobriety tests give the police extra evidence that they can use against you in a court of law
• A sobriety test is far more likely to incriminate rather than exonerate you.

How to Refuse an Illinois Field Sobriety Test

Just because you are legally allowed to refuse an officer when they ask you to take field sobriety tests doesn’t mean there isn’t a right and wrong way to do it. If your response is perceived as rude or belligerent, you could end up hurting your case as much as you help it.

Here’s what to do:

• Politely decline the police officer’s request to perform a sobriety test by saying, “No thank you, sir.”
• Don’t be smug.
• Comply when asked to produce your driver’s license and registration.
• Don’t let the police scare, coerce, or threaten you into taking the test.
• Do not threaten the officer or raise your voice.
• Remain calm and don’t say anything that the officers might use against you.

Unfortunately, a DUI charge is likely in your future, but do not lose hope. There are numerous strategies that a skilled Chicago criminal lawyer can use to help you fight back.

About the Author:

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

If you are facing DUI charges in Illinois, it’s likely that you have many questions about what will happen next in the legal process and what you should do.

In this post, we’ll break the facts down for you and explain how you can fight back to get your charges reduced, dropped, or dismissed.

What’s the Requirement for a DUI Arrest?

The legal limit for blood alcohol concentration in Illinois 0.08 on a breathalyzer or blood test. If your reading is over twice the legal limit, you could face additional penalties. You can also be arrested for DUI if you use other controlled substances, such as marijuana or illegal drugs, that impair your ability to make responsible decisions while driving.

Will I Lose My Driver’s License?

It’s important to know that you can refuse to submit to breathalyzer or blood testing. However, if you do so after being placed under arrest, you will automatically lose your driving privileges for one year on your first refusal and up to three years on subsequent refusals. A skilled attorney can let you know whether it’s best to submit to the tests or not.

What Are the Penalties for a First-Time DUI Conviction?

For a first-time DUI conviction in Illinois, you will be charged with a Class A misdemeanor in most cases. A conviction will result in the loss of your driver’s license for up to 12 months. You will also be required to pay a fine of up to $2,500. The judge may require that you serve up to 240 hours of community service and possibly spend up to one year in prison.

You may also be subject to the following requirements and penalties if convicted for DUI in Illinois:

• Higher driving insurance rates for up to three years
• Required alcohol or drug testing, which may include an ignition interlock device
• Required participation in an alcohol or drug treatment program
• Loss or suspension of vehicle registration

If you comply with the judge’s requirements, you may be eligible for court supervision or adjudicated sentencing. A skilled attorney provides you with the best chance at getting a positive outcome.

What Is an Ignition Interlock Device?

Some DUI convictions also required the installation of an ignition interlock device on your vehicle. This device will not allow the vehicle to operate unless your blood alcohol concentration level stays below the set level. You will need to blow into the device during regular intervals while driving. The judge will issue the device’s installation for a measured period after your driving privileges are reinstated.

What Are the Penalties for a Felony DUI Charge?

For more serious cases, felony charges could apply. A felony DUI may be issued for repeat offenses or if the victim or victims experienced bodily injury as a result of an accident. A conviction for felony DUI could result in up to 30 years in prison, a fine of up to $25,000, and the loss of driving privileges for the rest of your life. With penalties this serious, you need all the legal help you can get.

What Are the Best Defenses to a DUI Charge?

An experienced Chicago criminal attorney will know the best defense in your specific situation to minimize the consequences you face. Here are the most common defenses that have proven successful in other DUI cases:

Miranda rights not read

Did you hear the phrase, “You have the right to remain silent” at the time of your arrest? If not, anything you said can be stricken from the record and the prosecutor won’t be able to use it.

Field sobriety test problems

Field sobriety tests are notoriously inaccurate. There may be medical reasons that you failed the test, and the results cannot be held against you if your attorney can show reason.

Breathalyzer malfunction

To provide accurate results, a breathalyzer must be properly used and calibrated. If there were problems with the device, or if the officer was not experienced in using the equipment, your breath test results can be thrown out of court.

Do I Really Need an Attorney?

Since many of your rights are at stake in a DUI case, it’s essential to consult with an experienced attorney as soon as possible. Your attorney can help you retain your driver’s license and avoid criminal charges with the right defense.

Facing your charges without a lawyer’s help could mean experiencing a number of long-term and expensive consequences if you are convicted. Educate yourself on the law, then reach out to someone with a reputation for getting results.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

The cost of a taxi or rideshare home can get pretty pricey – even in a big city like Chicago. At the end of the night, it may sound cost-effective to wait a half hour to sober up and then drive home. In the long run, though, a DUI conviction will end up costing you way more.

Below we’re going to go over those costs – both in terms of penalties and in hard dollar amounts.

Penalties for DUI in Illinois

Before we go over the costs of a DUI conviction, let’s look at the penalties for DUI in Illinois – another type of cost. Penalties for DUI are based on a variety of factors, including prior convictions and any injuries caused by the drunk driving incident.

If you are convicted of a first DUI in Illinois, you may face the following penalties:

• Up to a year behind bars
• Fines between $500-$2,500
• Alcohol education or treatment programs
• License suspension for up to six months

Penalties are increased to 12 months of license suspension if you did not consent to sobriety tests under the state’s implied consent laws. Your license may be reinstated after a month, but sometimes this is under the condition that you use an ignition interlock device – which will also cost you.

Costs of Illinois DUI Penalties

All of the penalties for DUI in Illinois come with costs. When you pile these costs on top of fines, your bill can easily reach five digits – even for first time offenders.

These are just a few of the costs that come with a DUI conviction in Illinois.

Alternative Transportation: License suspension alone can be pricey, especially if you commute to work. Getting a taxi or Uber to work every day is more expensive than normal fuel costs. If your car was damaged in an accident, you will have to pay those fees before you can start driving.

Towing: If your car was towed after your arrest, you will have to pay money to get it back.

Loss of Income: If your job requires a license, you may lose it while your license is suspended. You may also lose vacation or sick days in order to make court appointments. Most first-time offenders will not have to spend a day in prison, but getting stuck behind bars can leave you with less money in your pocket.

Ignition Interlock Devices: We mentioned earlier that you could get your license back sooner if you get an ignition interlock device (IID) in your car. This is a device that measures your blood alcohol content, and only allows the ignition to start if you are below the legal limit. An IID costs money to install, though, and you will have to pay fees each month.

Court and Legal Fees: Just going to court to sort out DUI charges could cost you thousands of dollars.

So, How Much Does an Illinois DUI Conviction Cost?

When you add together the court fees, alternative transportation, and other costs, you’re looking at one pricey drive. CyberDrive Illinois estimates that the total bill could reach up to $16,000. Compare that to a single taxi ride. Even if you’re heading way out into the suburbs, that’s a huge difference.

If you are ever about to get behind the wheel after a few drinks, keep these costs in mind. If you have already been charged with driving under the influence, keep this cost in mind as you consider your defense strategy.

A charge is not a conviction. Even if you are starting to rack up costs for a DUI charge, you will still save a lot more money if you can get your charges dropped or otherwise avoid conviction. Fighting back against DUI charges is investing in your future.

About the Author:

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

In this age of smartphones, software developers have created several savvy apps to help you avoid getting charged with a DUI in Chicago. Here’s the best of the best, and what you can do if you are facing DUI charges.

Best Apps to Prevent a DUI Charge

Several apps help you monitor your drinking habits and call for a ride home. These are our top picks.

DrinkTracker

This app is for iOS users. You enter your age, gender, weight, and height, and the app automatically calculates your blood alcohol concentration (BAC) over time as you log your drinks. It also will help you find a way home if you need it.

One downside? You must remember to keep logging your drinks while you use the app.

AlcoDroid

Android users can track their stats as on AlcoDroid. Both apps allow you to set goals and view your drinking habit charts over time. Unlike DrinkTracker, however, AlcoDroid does not have a maps function for finding your way home.

Have A Plan

This app is developed for a wide range of uses. You can use it to estimate your BAC, play reflex games, call for a taxi, and store names and numbers of people you can call if you have had too much to drink.

ENDUI

This app is for both Android and iOS users. It estimates your BAC as you enter drinks. It also features reflex games to demonstrate alcohol’s effects on the body. ENDUI contains the ability to report drunk driving by others.

Breathometer

This app purports to be more accurate than other BAC estimating apps because it requires the use of an external device. You use the portable breathalyzer to estimate your BAC, and the app provides a timeline for when you will be safe to drive again. You can use the app to call for a ride home or find a nearby hotel.

Alcohoot

Like Breathometer, this app requires an external device. It has sophisticated tracking of data over time, helping you learn more about yourself and your recommended BAC limit. You can also use it to book a ride home.

BreathalEyes

Your eyes can indicate your level of inebriation. This app scans your eyes for horizontal gaze nystagmus, which is what police look for in a sobriety field test. It’s an involuntary movement that occurs when you are affected by alcohol use. The tests have a reasonably reliable track record of estimating your BAC.

Best Apps to Help You Get Home Safely

Some apps are intended to get you home easily when you’ve overdone your drinking. These are the best apps to use in those situations.

Uber

This is a popular app for hiring a driver, especially if you don’t have any cash on hand. You pay for your ride in the app with a credit card or other online services.

SaferRide

This app is known for its simplicity of use. If you are significantly inebriated, you may find more complex apps difficult to use. SaferRide features only three buttons that help you get home. You can find your location, call friends, or call a taxi from the app.

Other Rideshare Apps

You may benefit from other rideshare apps like Lyft for private drivers and Hailo or mytaxi for taxi cab drivers.

If You Are Facing Illinois DUI Charges

Even if you take these precautions, you may still find yourself facing DUI charges. What can you expect?

The first thing you should do when charges are filed against you is call an experienced Illinois DUI attorney. We can help you fight the charges against you, which come with stiff penalties in our state.

If you are convicted for a first-time DUI offense, you will lose your license for up to one year. You could also face up to a year in jail and be forced to pay a fine of up to $2,500. It’s also possible the judge may require you to serve 240 hours of community service, or order you to get an ignition interlock device installed in your vehicle, which prevents you from using it if your BAC is too high.

You can also expect additional consequences for a DUI conviction. Higher insurance rates, possible loss of income, repeated alcohol testing, and a criminal record could all have negative impacts on your freedoms.

By working with an experienced DUI lawyer, you have a much better chance of getting your charges reduced or dropped. Call right away for a free case review. We’ll help you fight your charges.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

New Year’s is one of the biggest party occasions of the year. Alcohol and drug use are commonplace, and rowdy behavior is a given. While most New Year’s parties are all in good fun, sometimes festivities can get out of hand, resulting in police involvement.

Unsurprisingly, more arrests are made on New Year’s Eve than on most other holidays. Common offenses include disorderly conduct, assault and battery, drunk driving, and drug possession.

Below, we’re going to do a quick overview of each of these charges in case you find yourself facing one (or more) of them after some particularly rowdy celebrating.

Disorderly Conduct

Disorderly conduct law is focused primarily on public safety and keeping the peace. For example, if citizens disturb the peace by yelling or fighting in a public place, they can be charged. Generally speaking, people in Illinois are prohibited from behaving unreasonably in a manner that alarms, offends, or disturbs others.

Unfortunately, this type of behavior is commonplace on New Year’s Eve, mostly due to the prevalence of drug and alcohol use. Law enforcement officers often make disorderly conduct arrests in order to prevent a situation from escalating and compromising public safety.

Most forms of disorderly conduct in Illinois are charged as misdemeanors. Depending upon the severity of the offense, you may be charged with a Class A, B, or C misdemeanor, which is punishable by up to 30 days, six months or one year of imprisonment, respectively. You may also face fines of $1500-$2500.

Disorderly conduct that compromises public safety (for example, making a false report of a fire or tampering with fire alarms) may be charged as a felony. A Class 4 felony is punishable by 1-3 years’ imprisonment and up to $3,000 in fines. A Class 3 felony is punishable by 2-5 years’ imprisonment and up to $10,000 in fines.

Assault and Battery

Assault and battery are related but distinct crimes. Assault is defined as behavior that places another individual in reasonable fear of battery, while battery is defined as causing serious bodily harm to another, or insulting, provocative, or unwanted physical contact. You may be brought up on separate charges for assault and battery depending upon the nature of the alleged offense.

Aggravated assault and battery occurs when the alleged victim is grievously injured, causing permanent disability or disfigurement, if a deadly weapon is used, or if the victim is a child or peace officer.

Assault is a Class C misdemeanor punishable by up to 30 days in jail and/or fines up to $1500. Aggravated assault is charged as a Class A misdemeanor or a Class 4 felony. A Class A misdemeanor is punishable by imprisonment of up to one year and/or fines up to $2,500. A Class 4 felony is punishable by an imprisonment term of 1-3 years and/or fines up to $25,000.

Battery is considered a Class A misdemeanor and penalized as described above. Aggravated battery can be elevated to a Class 1, 2, 3 or Class X felony. This can result in imprisonment for up to 30 years and fines up to $100,000.

DUI

Unfortunately, many New Year’s Eve partygoers choose to drive home drunk, resulting in a dramatic spike in drunk driving accidents and fatalities. Law enforcement is therefore on the lookout for drunk drivers, often setting up checkpoints. DUI arrests are some of the most common New Year’s Eve offenses.

The severity of DUI charges and penalties will depend on prior offenses and the presence of aggravating factors such as blood alcohol content exceeding 0.16% or carrying a child passenger at the time of arrest.

If you are facing your first DUI charge, you face the following penalties if convicted:

• Up to one year in jail
• Fines up to $2500
• Suspension of your driver’s license for at least one year
• Installment of an ignition interlock device.

Drug Possession

Illicit drug use is also rampant at some New Year’s Eve celebrations, making drug possession another common offense. The penalties for drug possession charges are dependent upon the type and amount of drugs.

Although small amounts of marijuana have been decriminalized, possession of 10 grams or more is illegal and is charged as a misdemeanor.

Possession of any amount of other controlled substances such as cocaine, opiates, methamphetamine, ecstasy or LSD is illegal. Possession of these substances is generally charged as a Class 1 or Class 4 felony, depending upon the drug type and amount in possession.

Whether you took a walk on the wild side for New Year’s Eve or simply got caught in the wrong place at the wrong time, you may now be facing legal trouble – not a great way to start the year off right. Retaining an exceptional Chicago criminal defense attorney will maximize your chance of a favorable outcome. Get in touch with our office today.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

If you have been charged with a DUI or DWI, you should be aware of all potential defenses available to you so that you can help your DUI attorney understand what went on at the time of the arrest and he or she can build the best possible strategy to help you reduce or even completely beat your charges.

What’s supposed to happen if you are pulled over for a DUI? First, the traffic stop and arrest has to be made properly. That means there needs to be probable cause, no basis of entrapment, and your Miranda Rights must be read to you. Otherwise, you may be able to get the charges dropped or dismissed – at the very least, it will work to weaken the prosecution’s case against you.

This is good news, because in any criminal case the burden of proof falls on the prosecution. To get a DUI conviction, they must prove two main things: (1) That you were driving the vehicle, and (2) That you were under under the influence of drugs and/or alcohol while driving, such that your ability to drive safely was impaired. Further, the evidence must be collected and handled properly.

So, what defense strategies are available to you to help you cast doubt on your DUI charge?

Defenses Related to the Arrest

No Probable Cause

As mentioned above, the officer must have probable cause to stop your vehicle and arrest you for any evidence acquired at the time of the arrest to be admissible in court. If the officer made the stop based upon racial profiling or some factor other than erratic driving or you appearing to be intoxicated, there was no probable cause and your attorney may be able to challenge the arrest.

No Miranda Warning

Otherwise known as “reading your rights,” these are the warnings that you hear on TV – your right to remain silent, that anything you say can be used against you, your right to an attorney, and so on. If these are not read to you or are read incorrectly, certain evidence may not be admissible.

The Officer’s Testimony of Your Behavior

The officer’s testimony of your behavior at the time of the arrest is generally a big component of the prosecution’s case. This usually includes:

• The way that you were driving: uneven speeds, weaving, not heeding traffic signals or signs
• Your appearance or behavior after you were stopped: slurred speech, staggering, bloodshot eyes, confusion
• Performance in field sobriety tests

If you offer reasonable alternative explanations for your appearance or behavior, such as physical impairments, legal medications you take, fatigue, or other medical conditions, you may be able to counter the officer’s assertion that you were intoxicated. Further, if field sobriety tests were improperly administered, this evidence is not admissible.

Witnesses that saw things differently may also be able to testify that the officer’s observations were not consistent with their own. They may also be able to testify that you did not use drugs or alcohol prior to driving, or that any erratic driving was due to distraction rather than intoxication.

Entrapment

This defense isn’t as common, but if you can provide evidence that the officer encouraged you to become intoxicated or observed that you were intoxicated and encouraged you to drive, this is entrapment.

Defenses Related to Breath, Blood, Urine, and Saliva Tests

In Illinois, a blood-alcohol concentration (BAC) of 0.08% or higher is considered to be legally drunk, such that it is illegal for you to drive. If your BAC is between 0.05% and 0.08%, you may still be charged with a DUI if your driving or behavior is suggestive of intoxication. It is also illegal to drive under the influence of any amount of illicit substances such as marijuana, but we’ll focus mainly on alcohol in this section.

Typically the BAC is determined by chemical tests of your breath, blood, urine, or saliva. These results are a big part of the prosecution’s case, and if you’re able to challenge the accuracy of these results, it knocks a big hole in the case.

Consent to Testing

Prior to chemical testing, you must provide consent unless you have been involved in an injurious accident. If you do not consent, your license will be suspended and you may still face a DUI or DWI charge. If you did not give consent but were tested anyway, you may be able to dispute the results.

Accuracy of Test Results

You may be able to challenge the accuracy of your test results, but this generally requires expert testimony. A few things that may compromise the accuracy of test results include:

• Consumption of certain foods or drinks that can lead to a false positive.
• Non-impairing medications that can lead to a false positive.
• Breathalyzer tests administered during the absorption phase, when the alcohol was not completely absorbed in your body.
• Improper administration of chemical testing, particularly portable breathalyzer tests.
• Vomiting or indigestion that may affect the results of breathalyzer tests.
• Rising BAC: The BAC could be below the legal limit while the defendant was driving, but have risen to above the legal limit by the time test was administered.

Custody chain of Blood, Urine, or Saliva Test

Any samples collected for testing – including blood, urine or saliva – must be handled properly in the chain of custody, including a properly documented chain of custody form. Any mishandling, including mislabeling of samples or deliberate tampering, makes these test results inadmissible.

Defenses Related to “Driving”

In most DUI or DWI cases, the driver is pulled over while driving, so there isn’t much argument as to whether the defendant was actually driving at the time of the offense. However, if the officer approached a parked car while you were behind the wheel, he or she did not actually witness you driving.

This is a bit of a long shot, but in some rare cases the passenger and driver can switch places when pulled over, if the original driver believed that the passenger (defendant) was sober and thus could pass a sobriety test.

If you or someone you know has been charged with a DUI or DWI, it’s important to be aware of your or the defendant’s rights. These are just a few of the defense strategies that could be used. Reach out to an experienced defense attorney with expertise to make sure that your rights are protected.

About the Author:

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

Irish or not, a lot of people in our country enjoy going out and raising a beer or three to celebrate St. Patrick’s Day. Here in Chicago, the holiday can be truly epic. Our city not only hosts the second-largest parade in the country – officials even temporarily turn the Chicago River green.

Bottom line? If you want to celebrate St. Paddy’s Day in Chicago, you definitely won’t be partying alone. This year, the festivities may even extend throughout the weekend because the holiday falls on a Friday.

Have fun celebrating St. Patrick’s Day in Chicago, but don’t get caught up in all of the craziness. Getting hammered while you’re out and about can have serious consequences – especially if you decide to get behind the wheel. There is bound to be increased police enforcement on St. Paddy’s Day, and you can bet that those officers will be on the lookout for drunk drivers.

Don’t End Your St. Paddy’s Celebration with a DUI

Driving under the influence (DUI) can cost thousands of dollars. Even if you have a clean criminal record, a first conviction is a misdemeanor offense, and may result in the following penalties:

• Up to one year in prison
• Probation
• Up to six months of license suspension
• Between $500-$2,500 in fines
• Community service

Remember, this is just for a first-time conviction without any aggravating factors. What kinds of things does Illinois consider “aggravating”?

• Second or subsequent conviction
• BAC of over .16
• Driving while transporting a passenger under the age of 16
• Driving with a combination of alcohol and other controlled substances
• Driving a school bus
• Getting into a motor vehicle accident that causes harm to others
• Driving with a suspended license

Any of these factors could dramatically increase prison time and fines. But whether your criminal record is clean as a whistle or you have a not-so-perfect past, DUIs should be avoided altogether. After all, driving under the influence of alcohol puts your life, and the lives of others, at risk.

This is doubly true during St. Paddy’s Day celebrations, because partyers will be out in force, walking the streets and bar hopping. The more people who are out and about, the greater the risk.

How To Prevent a Chicago DUI on St. Paddy’s Day

Use the following tips to prevent getting arrested for DUI:

• Take Public Transportation. It’s not glamorous, and will most likely be filled with St. Paddy’s Day partiers. However, Chicago is lucky to have a great public transportation system. Use it to get you from A to B on the cheap, without the risk of getting into a DUI accident.
• Call a Rideshare. If you don’t have Uber or Lyft now, you probably have a friend who is dying to give you a code for a free first ride. Use their code and they get a free ride too – so you have a cheap ride from a sober driver to and from the bars! Avoid bar hopping across town if you want to cut down on the amount of cabs or rideshares you need to call.
• Find Out What’s Going on In Your Neighborhood. Maybe you don’t need wheels to enjoy the St. Paddy’s Day festivities. Find out what’s going on in your neighborhood. If you can walk to the party, then you can walk home (even if you stumble once or twice). Partying in your neighborhood also allows you to get home without any wait or surcharges.
• Stay With a Friend. If you’re headed to a friend’s place for a party and you drive there, see if you can crash there, too. Once you sober up the next morning (or afternoon), you can safely head home. Who knows, you might even get breakfast out of it.

Even if you have already been arrested or charged with DUI, penalties will not be fully enforced until you are convicted. Learn more about what happens next here, then do everything you can to avoid being convicted by calling a Chicago DUI lawyer immediately and working together to craft the strongest possible defense.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

Chicago, Illinois, and the country at large sees a lot more DUI charges on Christmas and New Year’s each year because, quite frankly, there are more drunk drivers on the road during the winter holiday season.

That’s not the only reason for this jump in DUI charges, though. Law enforcement officials know that more people are drinking and driving over this period, so they put more officers out on the roads. This is especially true right around big occasions like Thanksgiving, Christmas, and New Year’s. When police officers are told to look hard for something, they tend to find it – even if it’s not always there in every situation.

For the last few months, it probably seemed like there was a different news story from a different Illinois county every day about a “DUI crackdown.” For New Year’s Eve, the Logan County State’s Attorney designed a plan to obtain warrants immediately after a DUI arrest so that an accused driver’s blood or breath could be tested as soon as possible, even right after the driver was initially accused. This kind of action is designed so that people will have more evidence against them when they are being charged, but forcing law enforcement officers and technicians to work faster can also lead to mistakes.

The bottom line is that if you are one of the many drivers who recently got busted for DUI, there are ways to fight back against your charges. You just have to know how.

What Steps Can You Take to Fight Your Holiday DUI?

After receiving a DUI, you may be unsure what to do next. Most people, in fact, do nothing, choosing to sit and wait until they learn what the next steps are going to be from the state. This, however, is the exact wrong way to approach the situation. You need to be proactive if you want to get the best possible outcome.

What does that mean?

Obtain a Copy of Your Police Report. Empower yourself with the knowledge of what the prosecution, or even victims of the accident, might use against you. Review your police report when you consult with a lawyer to give your lawyer a better look into what happened during your arrest and what options you have moving forward.

Know the Penalties. It is important to stay informed, and knowing the penalties for a DUI may put a little fire under you to fight against those charges.

A first DUI conviction comes with the following possible penalties:

• Up to 1 year in jail
• Up to $2,500 in fines
• License suspension for at least one year
• Ignition Interlock Device installment

Penalties increase significantly if you are convicted of a second or third DUI.

The penalties are decreased, however, if you decide to take a plea bargain. Many states call this a “wet reckless,” but Illinois handles DUI plea bargaining a bit differently. In our state, a reckless driving conviction is a Class A misdemeanor.

Hire a Lawyer. Think of a lawyer as an investment in your future. DUI convictions and their penalties can have costly long term effects (the increase in auto insurance premiums alone is enough to put a lawyer on speed dial), but you may not have to go to trial to fight your charges. The sooner you hire a lawyer, the sooner you have the chance of getting your charges dropped or reduced so that you can move on with your life.

Remember, a DUI charge is not a conviction. There are ways for you to dispute the chemical tests, method of arrest, and charges against you. Want to move forward with fighting your charges? Contact a knowledgeable Illinois DUI lawyer today.

About the Author:

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, Murder, and drug crimes.

Driving under the influence is dangerous to drivers, passengers, and other vehicles on the road. This is irrefutable.

In an effort to keep their roads safe, states use different strategies and tactics to prevent DUI fatalities. While a driver may be charged with a DUI, however, it does not necessarily mean they are guilty of a crime – they have to be convicted first. “Innocent until proven guilty” is a cornerstone of our judicial process.

Illinois’s latest tactic to prevent driving under the influence, however, suggests otherwise.

Public Lists of Those Charged with DUIs

Recently, Illinois State Police decided to publicly post a monthly list of every individual who has been charged with a DUI. The lists so far have included the driver’s full name, age, and the town in which they live. Eighteen drivers were charged in District 16 in April, as reported by WIFR.com. District 16 covers most of Winnebago County.

The idea, they say, is to discourage other drivers from getting behind the wheel after drinking, which is a laudable notion. Drunk drivers have already killed 25 people in the Stateline since the beginning of the year, and it’s understandable that officers would want to use every tool in their arsenal to reduce those numbers and get things under control.

And using public shaming in this way is not a new concept. This age-old tactic dates back to the time of dunce caps, tarring and feathering, and so on. But by publishing lists of those who have been charged, they are punishing people who haven’t yet gone through the due process of law. People who very well may be found innocent.

Why is this a big deal?

The Problem with Public Shaming in the Digital Age

If you are charged with a DUI, and subsequently prove that those charges are false, there is a system in place whereby you can make those charges disappear from your record. It’s not a perfect system, but it protects innocent people from having to suffer the consequences of having a criminal record.

Using the Internet for public shaming, however, has permanent, economic, and intangible consequences. If you are charged with DUI and your name is posted online in a story about DUI charges, you will be forever tied to this charge. Anyone who runs a quick Google search of your name – including future potential employers – will be able to find this information. Even if the charges are later dropped or your record is expunged.

Your application may be thrown out before you are able to explain yourself and the situation.

Beyond this, public shaming may also have an effect on your trial. Appearing on a list like this can be devastating, and your focus may shift from your upcoming trial to dealing with the results of public shaming. Prosecutors can attempt to use the shaming against you, and it can even impact how a judge or jury may view your innocence.

Innocent Until Proven Guilty Is a Right

In the eyes of the law, you are innocent until proven guilty. But while these lists report that you have been charged with a DUI, there likely won’t be a follow-up story with the results of your case or if it has been dropped.

The stories also do not give information about the officer(s) who charged you, when you were charged, or the reason you were charged. The fact is, our state’s strict policies and implied consent laws also put many drivers at risk for a DUI.

If a police officer believes you are under the influence while driving, you are required to take a chemical test immediately. You may not consult your lawyer first. These chemical tests will determine your blood alcohol content (BAC), and if you refuse to take a chemical test, your license will be suspended and you will be charged with a DUI.

Unfortunately, even complying with an officer and answering all questions truthfully won’t necessarily keep you from being charged. Sometimes, people are even arrested for a DUI when they have little to no alcohol in their system because testing devices can mistakenly read things like mouthwash as alcohol.

Why should these individuals have their names publicly listed? Even if they fight back and their case is ultimately dropped, damage has already been done to that driver’s reputation and future employment options.

This tactic is unfair to Illinois citizens who have not received a proper trial and have not been given the opportunity to prove their innocence. A DUI charge is not equal to a DUI conviction.

If you are charged with a DUI, act fast. Consult with an experienced Chicago DUI defense attorney today for advice on your case, your options, and the most effective defense strategies.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, Murder, and drug crimes.

Everyone has heard the statistics on drunk driving. Every two minutes, someone is injured in a drunk driving accident. Each day, 28 people die from drunk driving accidents in the United States.

Despite these statistics, over a million drivers are arrested each year for driving under the influence. Along with jail time and getting your license suspended, you will also be on the hook for fines and fees that total, on average, about $800, which could easily be higher depending on your particular circumstances.

Knowing the law when it comes to getting a DUI in Illinois is the first step in beating your charges. So let’s take a look.

What Is the Legal Limit for Alcohol In Illinois?

In order to determine if you are intoxicated, Illinois law enforcement officers will look at your blood alcohol content, or BAC.

In Illinois, you can be arrested for a DUI if:

• You are 21 or older and have a BAC of 0.08%
• You are a commercial driver and have a BAC of 0.04%
• You are under 21 and you have a BAC of 0.00% (Illinois has a zero tolerance policy regarding driving under the influence of alcohol for anyone under 21)

You can also be arrested even if you aren’t driving. As long as you have physical control of your vehicle while intoxicated, you can be arrested.

Unfortunately, there is not a set number of drinks to determine whether you are over or under the legal alcohol limit. That number is different for everyone and is based on a number of factors that include what you are drinking, the length of time you have been drinking, your gender, your age, your weight, and your genetics. There are BAC calculators that can estimate your BAC, but you should never rely on that information to determine whether it’s safe to drive.

What Are the Penalties for a DUI?

The laws in Illinois regarding drinking and driving are strict and carry harsh penalties for first-time and repeat offenders. A DUI conviction can affect both your freedom and your future.

First Offense

If you are convicted of a DUI as a first-time offender, you can face:

• A minimum driver’s license suspension of one year
• Fines up to $2,500
• Imprisonment for up to one year
• If you had a minor under 16 years old in the vehicle, you can face an additional $1,000 fine and 25 days of community service

Second Offense

If you are convicted of a DUI for a second time, you can face:

• A minimum driver’s license suspension of 5 years
• A mandatory 5 days in jail or 240 days of community service
• Fines up to $2,500
• Imprisonment for up to one year
• If you had a minor under 16 years old in the vehicle, you can face an additional $25,000 fine and 1 to 3 years in jail

Third Offense

If you are convicted of a DUI for the third time, you can face:

• A minimum driver’s license suspension of 10 years
• Fines up to $2,500
• Imprisonment for up to 7 years
• If you had a minor under 16 years old in the vehicle, you will be guilty of a Class 4 felony and you can face an additional mandatory $25,000 fine, 25 days of community service, and 1 to 3 years in jail

What If I Refuse to Take a Chemical Test?

When it comes to drinking and driving, Illinois has an implied consent law. Under this law, you are required to take a blood, breath, or urine test if you have been arrested for a DUI. If a police officer has probable cause to believe that you have been drinking and driving, he can arrest you require you to submit to a chemical test to determine your BAC.

The test must be given as soon as possible, and you are not allowed to speak to a lawyer before taking it. The arresting officer can decide which test you will take, and once that test is complete you can choose to have additional tests done by a your own medical professional.

If you refuse to take a chemical test, you will be subject to a fine and your license will be automatically suspended. If it’s your first offense, your license will be suspended for one year. If it’s your second or third offense, your license will be suspended for three years – just for refusing to take the chemical test.

So as you can see, Illinois takes drinking and driving very seriously. If you have been arrested for a DUI, contact an experienced Chicago DUI lawyer today to fight your DUI charges and get your life back on track.

About the Author:

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, Murder, and drug crimes.

When you think of holiday drinking, New Year’s Eve or Saint Patrick’s Day probably come to mind. Thanksgiving probably isn’t first the holiday that you would associate with drunk driving.

But the Thanksgiving Holidays have more than their fair share of drinking. In fact, a study conducted by Forbes found that the Thanksgiving Holidays have the highest number of traffic fatalities each year, many of which are due to drunk drivers.

For many, Thanksgiving celebrations begin the night before. Unofficially, Thanksgiving Eve is one of the busiest nights of the year for bars across the country—so much so that the Wednesday before Thanksgiving has earned the nicknames “Blackout Wednesday” and “Drinksgiving.”

Whenever there is cause for people to drink, there is cause for people to drink and drive. Thanksgiving Day itself is less known for drinking compared to eating, but the holiday festivities do have many Americans taking to the road. Those who have enjoyed a few (or more) drinks with their Thanksgiving feast might find themselves behind bars—or worse.

According to MADD, the proportion of people killed in drunk driving crashes over the Thanksgiving Holidays spikes every year – by about 30 percent when compared to the rest of the year.

As a response to the nationwide spike in drunk drivers, law enforcement across the country cracks down on drunk driving every year around Thanksgiving. Don’t get caught up in the sweep. Here are some tips to avoid a misdemeanor DUI charge this Turkey Day.

1. Be Aware of DUI Checkpoints

Sobriety checkpoints are legal in Illinois, and Thanksgiving partiers may find themselves detained and arrested if they’re caught up in these roadblocks.

Checkpoints are organized at temporary and random locations, but Illinois residents may be able to learn more about where and when these sobriety checkpoints will pop up from sites like roadblock.org.

Additionally, there are phone apps that can inform drivers of the locations of these checkpoints in real time like PhantomAlert. No roadblock-locating technology should encourage you to drink and drive, but they’re a good resource to have nonetheless.

1. Avoid Drowsy Driving

After a belly full of turkey and drinks, you might be more drowsy than drunk. But the double effect of alcohol and sleepiness can impair your ability to drive twice as much.

Even if you feel a little bit tired, and you’ve had a few drinks, it’s better to be on the safe side and refrain from driving. Your diminished driving ability may attract the attention of police officers who are looking for a drunk driver—to say nothing of the danger you’ll be to yourself and other motorists.

1. Designate a Driver

You can avoid the threat of a DUI arrest entirely by designating a driver among your family and friends at the festivities. Holidays with the family can be stressful enough without the looming danger of an arrest. By getting someone to eschew drinking all together, you can put that worry to bed.

1. Get a Ride or Tow

If you drove yourself to the festivities and drank a little more than you expected, you can always catch a ride with one of the many taxi services that are available in most areas.

Additionally, there are a number of apps like Uber and Lyft that can help you get home after drinking. It might be a little more expensive to travel this way on the holidays, but it’s not going to cost as much as a DUI.

Another service worth checking out is the AAA Holiday Safe Ride Program. If you’re worried about leaving your car overnight, AAA members and qualifying non-members can get their car towed home by the friendly people of AAA, free of charge. This service is available only in a few select locations around the US, so make sure to check if you qualify.

1. Plan Ahead

Whatever you are doing for Turkey Day, it’s always better to plan ahead. Securing a ride ahead of time is usually less expensive than waiting until everyone is leaving to wonder how you will get home.

If you can, avoid long distance travel on Thanksgiving, the day after, or the day before. These are some of the worst days of the year for traffic in many places around the US.

If you are arrested for a DUI on Thanksgiving or any day of the year, you should contact an expert criminal defense attorney with a record of winning cases as soon as possible. Don’t just assume the law will share your “holiday spirt” and go easy on you.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, Murder, and drug crimes.

This Labor Day season, Chicago cops are hosting a different sort of end-of-summer event—a widespread crackdown on DUI offenders. The department is partnering with the National Highway and Traffic Safety Association and Illinois Department of Transportation for their “Drive Sober or Get Pulled Over” campaign. It began on August 23 and continues through Labor Day on September 7, so currently we’re right in the middle of it.

How does it work?

Along with roughly 10,000 police departments nationwide, Chicago police are adopting a zero tolerance approach for anyone with a BAC over the .08 legal limit. During these two weeks, police will set up roadside safety checks and increase the number of officers on the road, in a concentrated effort to catch and prosecute drunk and drugged drivers. You might have already noticed the change.

In addition to increased police presence, the campaign has been raising awareness through the media for the past few years. Advertisements feature police officers and cars camouflaged in the background of photos, with the tagline, “They’ll see you before you see them.” The obvious message to drivers: If you’re intoxicated behind the wheel, we will catch you.

The US Transportation Secretary echoed the statement on the NHTSA website. “With the help of law enforcement around the country, we’re getting the word out – if you’ve been drinking, don’t drive, because if you do, you will be stopped, you will be arrested and you will be prosecuted.”

The Most Dangerous Time of Year for Drivers

Known as the “100 Deadliest Days,” the period of time between Memorial Day and Labor Day sees the highest number of drunk driving fatalities – especially among teenagers. According to the NHTSA, the summer months see nearly twice the number of deaths on the road than all the other months combined.

The road is especially dangerous around holidays – when people get together for festivities, they are more likely to be driving home from parties while drunk. Thus, summer holidays, like Labor Day and the Fourth of July, are some of the most dangerous times of year to be on the road. This increased danger is likely the driving force behind the campaign.

Drunk Driving Laws in Illinois

In Illinois, as in many other states, those arrested for driving while intoxicated face harsh penalties. While the legal limit is a blood alcohol content of .08%, drivers with a BAC as low as .05% can be charged with a DUI if their behavior suggests they are impaired – for example, if they are involved in an accident. If the BAC percent is between .05 and .08, the citation does not automatically trigger a suspension of their license. Instead, the punishment for the DUI will depend entirely on the outcome of their trial.

But if an officer pulls you over for a moving violation and then determines your BAC is above .08%, the officer will immediately suspend your license. Illinois also has an Implied Consent law, so if you refuse to take the test, you are subject to automatic license suspension and fines.

Even first time offenders face steep fines and the threat of jail time for a DUI conviction. The State of Illinois estimates the cost of a first DUI conviction is roughly $16,850—a bottom line that includes court ordered assessments, remedial education or treatment programs, and insurance premiums.

If you’ve been charged with a DUI in Chicago or the surrounding area, you could face tens of thousands of dollars in fines, jail time, and a suspended license. To strengthen your defense, it is imperative you work with an attorney who has a strong background and successful track record in DUI cases. About the Author:

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, Murder, and drug crimes.