As Thanksgiving approaches and the rest of the holiday season, DuPage County, Illinois, like many other areas, prepares for an increase in DUI (Driving Under the Influence) incidents. Law enforcement agencies and local authorities are taking proactive measures to ensure road safety during this holiday season. If you are arrested for DUI, you are strongly advised to contact a criminal defense lawyer. While hiring a lawyer will not guarantee a positive end to your legal situation, it will give you a fair chance at pursuing a favorable conclusion to your current legal woes.

Holiday Season Means Increased Police Presence

DuPage County law enforcement agencies are increasing patrols and may implement sobriety checkpoints during the Thanksgiving holiday. The goal here is to deter impaired driving and catch those who are allegedly driving under the influence of alcohol or drugs. The heightened police presence serves as an important reminder to motorists to make responsible choices and avoid driving while impaired.

Strict DUI Laws in Illinois

As is true in virtually all other states in America, if a driver in Illinois has a blood alcohol concentration of 0.08 percent or higher, they may be charged with DUI. Additionally, Illinois has a zero-tolerance law for drivers under the age of 21, meaning any detectable amount of alcohol in their system can result in a DUI charge. People must understand the legal limits and consequences associated with DUI offenses.

Labor Day weekend is almost upon us, and if you’re just counting down the last few hours in your cubicle until the long weekend is here, you’re probably thinking about the fun things you’re hoping to do this weekend. Maybe you plan on catching up with friends and family, or maybe you’re just planning on kicking back and relaxing. However, you plan to spend the long weekend, if alcohol is involved, make sure you don’t get behind the wheel and drive.

Labor Day weekend is one of the most dangerous weekends on the roads in Illinois and across the US. Weather conditions are still ideal, meaning people can travel at faster speeds, and the long weekend gives people more opportunities to consume alcohol. Coupled with the fact that there will be more drivers on the road, and you can see it could be a recipe for DUI disaster.

Illinois police have already announced that they will be conducting extra DUI enforcement throughout the long weekend as part of the nationwide “Drive Sober or Get Pulled Over” campaign. Alongside extra patrols on major roads, police across the state have also announced a number of DUI checkpoint locations, so they will be doing everything they can to keep inebriated drivers off the road.

The legal blood alcohol limit to operate a vehicle in Illinois is 0.08 percent, but it’s important to remember that standard only applies to individuals over the age of 21. If you’re under 21, the presence of any alcohol in your system renders you ineligible to legally drive a car. That means drinking half a beer then getting behind the wheel can lead to underage DUI charges, which can have major implications for your future. In today’s blog, we take a closer look at the potential penalties for underage DUIs in Illinois.

Zero Tolerance Law

As we mentioned in the intro, Illinois has a zero tolerance policy when it comes to BAC in drivers under the age of 21. It doesn’t matter if you don’t feel impaired or if you’re sure you could pass a field sobriety test; if you have alcohol in your system, you are considered in violation of the law and subject to criminal charges.

So let’s take a closer look at the process and potential penalties. If you are pulled over and suspected of drinking and driving as an underaged person, you have one of two options. You can choose to take the breathalyzer or you can refuse. If you take the breath test and blow above a .00 but below a .08, your license will automatically be suspended for three months as part of a zero tolerance violation. If you refuse to take the test, your driver’s license will be suspended for six months. Subsequent offenses result in a one-year license suspension for a positive test and a two-year license suspension for refusal.

DUI checkpoints catch hundreds if not thousands of drunk drivers in Illinois every year. But did you know that these checkpoints aren’t legal in every state? In today’s blog, we take a closer look at the legality of DUI checkpoints in the US and in Illinois, and we explain what you should do if you end up getting in trouble at a sobriety checkpoint.

Why Illinois Allows DUI Checkpoints

In order to understand that legality of DUI checkpoints, we need to take a closer look at a case that reached the United States Supreme Court back in 1990. In the case of Michigan Dept. of State Police v. Sitz, 496 U.S. 444, the legality of sobriety checkpoints came under question. The defendant in the case argued that these checkpoints were inherently a violation of a person’s 4th amendment protections against unreasonable searches and seizures. After all, police are essentially conducting a search of a driver without any reasonable suspicion that they may be in violation of the law.

In their ruling, the U.S. Supreme Court decided in a 6-3 decision that given the responsibilities accepted by a driver when they get behind the wheel, sobriety checkpoints did not violate a person’s right to be protected against unreasonable searches. However, the highest court in the country also stated that the legality of these checkpoints could be decided on the state level based on a state’s constitution.

Whether you’re cruising on Lake Michigan or visiting one of the smaller lakes across Illinois, boating can be a very popular activity during the warm summer months here in Illinois. When you’re on the open water with friends and family, it can be easy to let down your guard and feel like you’re not held to the same standard of safety as you are when you’re driving a traditional vehicle on the road. That’s why so many boaters end up facing boating while intoxicated (BWI) charges every year in Illinois.

What you may find surprising is that boating while intoxicated charges are handled just like a traditional DUI, meaning the potential penalties in Illinois are steep. That’s why it’s so important to have a lawyer by your side should you find yourself facing BWI charges in Illinois.

Boating While Intoxicated In Illinois

One of the main reasons why so many people end up with boating while intoxicated charges is because alcohol consumption is handled a little differently when you’re on the water. Passengers and even the boat’s captain are allowed to have open containers of alcohol in their possession while the boat is in use, and obviously the same cannot be said for driving in a vehicle. However, it is illegal for the boat’s captain to be over the legal limit of 0.08 when they are operating or in physical control of the boat. This means that even if you’re just floating in the middle of the lake, if the driver is over the limit, they can be hit with a BWI even if they aren’t driving across the lake at the time they are stopped. The same can be said for smaller motorboats and personal watercrafts like Jet-skis.

When it comes to drinking and driving, you’ve probably heard some stories that sound more like fiction than truth. Maybe you’ve heard that you can fool a breathalyzer by keeping a penny in your mouth during the test, or that you can’t get a DUI if you’re caught sleeping in your parked car. Are these facts, or are you misinformed if you take them as the truth? We explore some of the more common myths about DUIs in Illinois in today’s blog.

6 Common Misconceptions About DUIs In Illinois

Here’s a quick look at some of the myths we’ve heard about, and a quick explanation as to why they aren’t true.

1. The Penny In The Mouth Trick – An old wives tale suggests that sticking a penny in your mouth will throw off the breathalyzer and either report your BAC as unreadable or as a zero. Unfortunately, this just simply isn’t true. Breathalyzers rely on a fuel cell that reacts with the alcohol in your breath on a sensor to indicate how much alcohol is present. The penny’s presence will not have any effect on this reaction.
2. Sleeping It Off – If you have too many at the bar and decide you’re just going to sleep it off in your car, you’re protected from a DUI, right? Maybe not. Illinois DUI law states that you can earn a DUI as long as you are in “physical control” of the vehicle, and being in the driver’s seat can constitute physical control. Other factors will play a role in the case, like where the keys are, if the car was moved and where you were located when police found you in the vehicle. Simply put, don’t just assume you’re safe to sleep it off in your car.
3. Safe At Home – If you drove home drunk, you might assume that you’re safe once you reach your garage. Again, this isn’t a given. If you were reported to police or you encounter a security guard at your apartment complex, they could still connect your BAC and your return trip home. If you exhibit all the signs of being impaired, and you were seen driving home or admit to recently driving, you can still be booked for DUI.
4. Coffee Or Food Can Sober You Up – While it’s true that drinking on a full stomach can slow the metabolization of alcohol by your body compared to drinking on an empty stomach, there’s nothing you can eat or drink to lower your BAC once you’re drunk. Once you’re above the legal limit, no amount of tacos or coffee will help to reduce your BAC. Only time can get you back below the limit.
5. You Can Only Get A DUI In A Car – You might think that DUIs only apply to cars, trucks and boats, but that’s not the case. A number of different motor vehicles qualify for the state’s DUI laws. Vehicles like ATVs, motorcycles, mopeds, lawnmowers, go karts, jet-skis and snowmobiles are all subject to DUI laws, so don’t think you’re immune if you’re on a recreational vehicle.
6. DUI Charges Are Impossible To Beat – Our work as criminal defense attorneys will tell you that this statement is also a myth. Challenging a DUI is no easy task, but it’s certainly not impossible. If you have an experienced attorney in your corner and you follow their instructions, you can put yourself in the best position to beat a DUI charge. Considering the severe penalties that often accompany a DUI, it’s clear that you should put serious consideration into how you challenge the charges. If you do so with Brett and the team at Appelman Law by your side, we can help show you that DUI charges aren’t impossible to beat.