Illinois law considers a driver to be intoxicated per se, or intoxicated according to the law, if he or she has a blood alcohol concentration (BAC) of 0.08% or greater. A blood alcohol concentration of over the legal limit is not always required for a drunk driving arrest, but having a BAC over the limit will certainly make it much harder to beat a DUI charge.

There are two main ways that police officers and prosecutors demonstrate a driver's intoxication level: breath alcohol tests and blood alcohol tests. Blood testing is generally considered to be he most reliable way to determine a person's blood alcohol concentration. However, it is possible for a blood alcohol test to be incorrect.

Contamination of the Blood Sample

Blood alcohol tests involve using a syringe to draw a small quantity of blood from a person's body. Next, the blood is tested in a laboratory to determine the amount of alcohol in the sample. If the blood sample is contaminated, this can throw off the results. For example, if the person who administers the blood test uses an alcohol swab to clean the area and does not let the alcohol dissipate before conducting the blood draw, some of the alcohol may get into the blood sample, artificially increasing BAC.

Getting charged and convicted of driving under the influence (DUI) can have wide-ranging and adverse effects on someone’s life. Often, these effects can have long-lasting consequences for the person’s personal and professional life. Sometimes, when someone is charged with DUI, they are under the impression that all hope is lost and that a conviction is practically inevitable. However, you may be pleased to know this is not always the case. 

No matter what your preconceived notions are, DUI charges can be beaten in some cases. Today, we will discuss the most important considerations for individuals who have been charged with DUI and are looking to avoid a conviction. The first step in fighting a DUI charge is hiring an experienced attorney. Your attorney will work to ensure that all relevant strategies are implemented so that you can have a fair chance at beating the charges and moving on with your life. 

Defending Against a DUI 

After you have hired an experienced DUI lawyer who understands the legal system and the charges against you, it is time to begin building your strategy to fight the DUI charges.

A 53-year-old Joliet man landed in the Will County Jail after Joliet police said he was pulled over for improper lane usage. The man had a revoked driver’s license for previous DUI arrests. When you are facing possible repeat DUI charges in Illinois, you absolutely must invest in retaining legal counsel as soon as possible.

Prosecutors handling repeat DUI cases are seeking convictions and want to ensure that alleged offenders will be punished accordingly. You will need proven legal help in defending yourself against what are, in many cases, felony charges.

Repeat DUI Penalties in Illinois

The good news is that, so long as a case does not involve any aggravating factors, first and second DUI convictions in Illinois are usually Class A misdemeanors punishable by fines of up to $2,500 and/or up to one year in jail. The problem becomes that a third or fourth DUI offense is a Class 2 felony, a fifth offense is a Class 1 felony, and a sixth or subsequent offense is a Class X felony.

Commercial drivers are a crucial part of the American economy, especially in a world where Covid and other challenges prevent easy or regular access to stores. More people than ever are doing the majority of their shopping online, and the significant supply disruptions that occur when truckers are overworked or unavailable attest to the importance of these jobs. 

Although commercial driver’s license (CDL) holders are essential to helping our daily lives continue normally, they are human just like everyone else and sometimes make serious mistakes like drinking or taking drugs before driving. A DUI on a commercial driver’s license can have serious consequences, to say nothing of what can happen when a big rig driver loses control of his truck because he is not thinking clearly. If you are facing DUI charges on your CDL, get help from an aggressive criminal defense attorney right away. 

The Legal Alcohol Limit Is Lower for CDL Drivers

While the legal alcohol limit is .08 for standard drivers and even for Uber and Lyft drivers, CDL drivers are restricted to a blood alcohol limit of just .04. For drivers, especially female drivers, this can be as few as two drinks. This means that even if a driver does not feel drunk, he or she may still be over the legal limit for CDL drivers. 

While Illinois has legalized recreational marijuana, there are still boundaries around when and where it can be safely used. Like alcohol, marijuana is an intoxicant that muddles the body and brain’s typical responses to stimuli. Although many people feel as though they can safely drive after ingesting cannabis, research shows that a high driver’s chances of getting into a car accident increase dramatically. However, unlike alcohol, getting a ticket for driving with cannabis in a driver’s bloodstream is complicated because THC can remain in your system for many days after the last time it is used. If you have been pulled over and charged with driving under the influence of marijuana, here are three things you should know before you call an Illinois DUI defense attorney who can help you fight the charges.

Even If an Officer Smells Marijuana, They Cannot Search You Without a Warrant

Previously, Illinois used the so-called “plain smell” rule that allowed officers to search a vehicle without a warrant if he or she claimed to smell marijuana. But after a 2021 circuit court ruling, the smell of marijuana is no longer a probable cause for a warrantless vehicle search. If a police officer says he smells marijuana, you do not need to let him search your car. You also do not need to consent to chemical testing, although refusing a chemical test still might lead to your immediate arrest.

You Can Fail a Drug Test Even If You Are Not High

Because frequent users of cannabis can test positive for THC in their system long after they last used it, chemical tests can suggest a driver was high even if he or she was not. More than 5 nanograms of THC per milliliter of blood can result in a DUI conviction unless the driver is a medical marijuana user, and it can be difficult to fight the prosecutor’s case by claiming you were not high at the time of arrest.