DUI

Criminal conviction can result in deportation, even for permanent residents

July 1, 2013
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The impact of the criminal conviction can be long-lasting and devastating. A conviction is usually a permanent record that will never go away. Although Illinois courts have a procedure for expungement and sealing, most felony convictions do not qualify, and very few misdemeanor convictions are eligible. Unfortunately, the fact that a conviction comes from decades […]

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The police officer had me stand on one leg and count to 30. Did I pass this sobriety test?

August 1, 2010
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One of the field sobriety tests most commonly utilized by law enforcement in DUI investigations is the one-leg stand. This sobriety test was approved by the National Highway Traffic Safety Administration (NHTSA) as accurate and reliable in detecting drivers who are intoxicated on alcohol or drugs. The one-leg stand, also called one-legged stand or OLS, […]

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New Illinois Supreme Court ruling limits use of field sobriety test

July 24, 2010
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The Supreme Court of the state of Illinois issued a new ruling in 2010 concerning the use of the horizontal gaze nystagmus test (HGN). During an arrest for DUI, the police officer will ask the driver to stand still and follow a pen with his eyes, and keep his head motionless. The HGN test is […]

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What is the walk-and-turn test?

June 6, 2010
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The walk-and-turn test (WAT) is a field sobriety test that was approved by the National Highway Traffic Safety Administration for use in detecting intoxicated motorists. The WAT has been standardized and is used by all police and sheriff’s departments in DUI arrests. Field sobriety testing usually takes place roadside during the traffic stop. However, the […]

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The police officer asked me to follow a pen with my eyes. Is that a field sobriety test?

April 9, 2010
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During a traffic stop, if a police officer suspects that a driver is intoxicated, he will use special training to assist him in making the decision whether to arrest. The police officer will ask the motorist to participate in field sobriety tests (e.g. FSTs) to determine whether the driver is impaired. The National Highway Traffic […]

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If I get pulled over for DUI, should I take the breath test?

March 30, 2010
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An arrest for DUI is a serious matter. Generally, there are no easy answers about whether a person should take the breathalyzer test. But there are a few principles that may influence the decision. First, there are two opportunities to take a breath test. The first opportunity will occur on the side of the road […]

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What is aggravated DUI in Illinois?

March 9, 2010
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While an arrest for driving under the influence is a misdemeanor on the first offense in Illinois, there are some circumstances where even a first offense can be a felony. Felony DUI offenses are called aggravated DUI. Misdemeanor offenses have a maximum sentence of less than one year of imprisonment. Felony offenses, on the other […]

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I got a DUI and it is my third offense. What are the penalties in Illinois?

March 6, 2010
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A third offense for driving under the influence is a very serious case because it is not a misdemeanor offense. Rather, a third DUI in Illinois is a Class 2 felony. The fact that the first DUI offense resulted in supervision which the defendant completed does not matter. The supervision may have resulted in a […]

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What are the penalties for a first-time DUI in Illinois?

March 6, 2010
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When a person is arrested for DUI, the police officer will provide him with a Uniform Traffic Ticket. The ticket is written by hand and specifies the section(s) of the DUI statute the defendant is accused of violating. Driving under the influence of alcohol or drugs is set forth in 625 ILCS 5/11-501. There may […]

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What will the sentence be for an Illinois DUI that is reduced to reckless driving?

March 4, 2010
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Defendants who are charged with driving under the influence under Section 11-501 of the Illinois Vehicle Code will almost always benefit from a reduction of the charge from DUI to reckless driving under Section 11-503. Both offenses are Class A misdemeanors for which the sentence can be up to one year in jail and a […]

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