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Posted on in DUI

MDDP, Arlington Heights family law attorneyBeing charged with the crime of driving under the influence (DUI) can have devastating effects on a person’s life. Fortunately, there is a program available for first-time DUI offenders in Illinois that can help them get back on the road, even if their driving privileges have been suspended.

A monitoring device driving permit (MDDP) allows drivers to drive after they install a breath alcohol ignition interlock device (BAIID) on their vehicle. In order to participate in the monitoring device driving permit program, you must meet the MDDP eligibility requirements. To qualify, a driver must:

  • Be a legal adult (18-years-old or older);
  • Be a first-time offender;
  • Have a valid driver’s license;
  • Have not had any previous statutory summary suspensions;
  • Have not been previously convicted of DUI or assigned court supervision for a DUI in Illinois and
  • Have not been convicted of a DUI in another state within five years.

You will not qualify for an MDDP if a person was seriously injured or killed as a result of the DUI or if you have previously been convicted of reckless homicide or aggravated DUI that resulted in a death. If you currently have a commercial driver’s license, you will probably not be allowed to operate a commercial vehicle immediately after the DUI, but you may be eligible for an MDDP for driving a non-commercial vehicle. If you are convicted of a crime during the suspension period after a DUI, you may have your MDPP revoked. If this occurs, you must re-apply and get approved for a Restricted Drivers Permit (RDP) in order to resume driving legally.

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DUI, Rolling Meadows DUI defense attorneyWhen people think about the consequences of a DUI, what usually comes to mind is the possibility of jail time. However, being convicted of driving under the influence can be devastating in more ways than just one. Those who drink and drive are not only are risking going to jail but are also putting themselves and the surrounding vehicles serious danger.

A former college basketball star was recently arrested for drunk driving in Belleville, Illinois. The arrest happened around 3 a.m. after sheriff's deputies noticed a vehicle stopped at a red light. The light turned green and the car did not move. When other drivers had to physically drive around the stopped car to get through the intersection, the officers became suspicious. Deputies found the driver of the stopped car unresponsive. It quickly became apparent that the driver had actually passed out behind the wheel while driving.

Police have explained that the vehicle "was running and in gear, with his foot on the brake and music was blaring from the interior of the vehicle." There was an also odor of alcohol coming from the driver, according to the police. After officers were able to rouse the sleeping driver, they notified him that he was under arrest. The driver then physically resisted arrest and had to be restrained. He was found to have a blood-alcohol concentration more than twice the legal limit at .185 percent. The driver was cited for disobeying a traffic control device, improper parking on the roadway, obstructing a police officer, and for driving with a blood-alcohol level above the Illinois legal limit of .08 percent.

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Posted on in DUI

DUI, Rolling Meadows DUI defense attorneyThis Thursday is Thanksgiving—a time when old friends and relatives get together to celebrate and give thanks for the blessings in their lives. Unfortunately, during the holiday, many people choose to drink and then get behind the wheel of a car. Bars are often very crowded the day before Thanksgiving as many have the next day off work, so they feel more comfortable drinking more than they normally would. Drinking on that particular night has become so prevalent that it has earned the ominous nickname of “Blackout Wednesday.” Others, of course, may drink to cope with family and personal stresses, which can be especially difficult during the holidays. Still others just want to party and have a good time and do not realize they are too intoxicated to drive.

Plan for a Ride Home If You Plan to Drink This Wednesday

Data from the National Highway Traffic Safety Administration shows that during the Thanksgiving holiday in 2013, there were 137 traffic fatalities caused by drunk drivers. Misty Otto, spokeswoman for Mothers Against Drunk Driving, encourages people to plan ahead if they are going to be drinking Wednesday. Establishing a designated driver, using taxis or ridesharing services like Uber, or using public transportation are all safe alternatives to getting behind the wheel after drinking.

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Posted on in DUI

sobriety tests, Rolling Meadows criminal defense attorneyImagine that you have been pulled over on suspicion of driving under the influence, or DUI. The officer approaches your car and asks if you have been drinking. Regardless of your answer, you may be asked to get out of your car and submit to sobriety testing. From you have seen on TV or in the movies, do you know what the test would be? Will the officer ask you to recite the alphabet backwards? Or maybe he or she will have you spell your birth month. While there are many entertaining ways to test a person for potential intoxication, law enforcement officers around the country typically rely on a series of evaluations approved by the National Highway Traffic Safety Administration (NHTSA) known as Standardized Field Sobriety Tests, or SFSTs.

What Are SFSTs?

The SFSTs consist of three separate assessments designed to help an officer estimate a driver’s level of intoxication. These tests can be used in addition to a chemical testing procedure, such as a breathalyzer, or to justify a DUI arrest if such chemical testing provides marginal results or is not available.

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Posted on in DUI

DUI, four-time, Illinois criminal defense attorneyThanks to a new law signed last month by Illinois Governor Bruce Rauner, the fourth time may be the charm for some of the state’s repeat DUI offenders. Beginning January 1, 2016, those who have been convicted four times for driving under the influence may still be able to obtain a restricted driving permit and get back behind the wheel. The measure has been met with mixed reactions, as many believe that a four-time offender has already squandered his or her opportunities.

Thousands Possibly Impacted

According to recent estimates, there are currently more than 5,000 residents of Illinois who have been convicted of DUI on four separate occasions. Thus, when the measure goes into effect, a significant number of families could potentially be affected. Under current law, a four-time offender is prohibited from legally driving again, making it very difficult to continue working and to provide properly for his or her family. With at least the chance to obtain a restricted driving permit, an offender’s family may not be forced to bear the brunt of his or her actions forever.

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