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.

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.

In the days leading up to New Year’s Eve, it seems that every media outlet from The New York Times to BuzzFeed is filled with articles on how to make the most out of your New Year’s celebrations—from which outfits to wear to which bars to visit in your area. In the days following New Year’s, however, the headlines get a lot bleaker—stories about arrests, drunk driving accidents, and domestic abuses scream out from every newspaper and website.

As most of us know, too much alcohol and partying can lead to some pretty uncharacteristic behavior. So on a holiday like New Year’s, when drunkenness is not only tolerated but is expected and to some extent even celebrated, people are bound to make mistakes that they normally would not. The trouble comes when these mistakes lead to criminal charges.

It’s important to know, however, that if you find yourself facing some unexpected charges in the days following New Year’s, it doesn’t have to mean disaster. Don’t let your year be ruined by some partying that got out of hand. You always have the opportunity to take action and defend yourself.

What Could Happen on New Year’s?

Studies have shown that New Year’s Eve and New Year’s Day are two of the worst days of the year for certain crimes, including impaired driving, domestic violence, and others.

There is no question that some of these crimes can be attributed to the increased amount of alcohol consumption that always takes place on New Year’s. Here’s a story that every experienced criminal lawyer in Chicago has heard at some point: you may go out on New Year’s Eve with the best intentions only to wake up in a jail cell facing some criminal charge for an act that you can’t even remember committing.

Sometimes, the charges that people face in the days following New Year’s are for things that are completely uncharacteristic of the accused—maybe he or she didn’t even realize what they were doing, or maybe it had seemed genuinely harmless at the time. Nevertheless, if you find yourself facing charges for any crime on New Year’s, the consequences can be serious. Some of the charges you can find yourself faced with include:

DUI. A DUI charge is probably the one most commonly associated with New Year’s. With all the alcohol and drug use happening on New Year’s, DUI accidents are among the most dangerous risks that come with New Year’s celebrations. The harm that could come about as a result of a DUI is almost immeasurable—innocent people can be traumatized, injured, or even killed.

Battery. If a fight breaks out between you and someone else, whether it’s at a bar or a house party, you could wind up facing battery charges. Depending on the severity of the physical damage done, the crime can be classified as either a misdemeanor or a felony. These charges typically mean fines and jail time, both of which could be devastating to you and your family.

Sexual assault. We’re still seeing stories from around the country about alleged sexual assaults that took place on the previous New Year’s Eve and New Year’s Day. A sexual assault charge is one of the most serious charges that any individual can face. If you use force against anyone to coerce them into having sex, you could be facing some very serious consequences, including years in prison and a stigma that could stay with you and tarnish your reputation for the rest of your life.

These are only a few of the many charges that you may find yourself facing if your partying on New Year’s gets out of hand. Each of them is serious and carries the potential for drastic consequences, from a damaged reputation to multiple years in jail.

You Deserve A Good Defense

For many Americans, New Year’s Eve is a night that they look forward to all year long. Unfortunately, with all the drinking and celebrating going on, you might wake up to find that you’ve made some bad decisions. Hopefully you won’t do anything too severe, but it’s important for you to remember that no matter what you’re charged with, you always have the right to defend yourself. You owe it to yourself to take advantage of that right.

If you find yourself facing criminal accusations for mistakes made during New Year’s celebrations, contact an experienced Chicago defense lawyer right away to discuss your options and start building your defense strategy.

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.