DUI Lawyer Bloomington IL
A DUI Lawyer Bloomington IL Trusts Explains Criminal Procedures in a DUI Arrest
When you’ve been arrested for a DUI in McLean County you may need a DUI lawyer Bloomington IL residents trust. An experienced lawyer from Pioletti Pioletti & Nichols may protect your rights, make sure you are treated fairly, and get you results. We understand what you are going through. We understand that you may be feeling confused or angry about what’s happening to you. The process of being arrested, taken to jail, photographed, and fingerprinted was probably humiliating. We feel for you. We’d like you to know that we may be able to help.
The law says when a person is issued a driver’s license, they have also given implied consent to submit to a breathalyzer if they are stopped by police upon reasonable suspicion of driving under the influence (DUI) of alcohol.
If a driver refuses the breathalyzer test — or agrees to the test and fails by showing a blood-alcohol level beyond the state maximum of 0.08 percent — his or her license will be automatically suspended. A driver may contest the suspension if there is reason to believe the breathalyzer was inaccurate or police failed to follow proper procedures, but the burden of proof in such cases is on the driver, not the police.
If you have been arrested for drunk driving, contact a Bloomington IL DUI lawyer from Pioletti Pioletti & Nichols. We have been defending clients against DUI charges for decades and will work diligently to get you the best possible outcome based on the circumstances of your case.
Do I Have to Submit to a Breathalyzer?
Implied consent laws go into effect when you accept your driver’s license. As mentioned, it not only applies if your BAC is over the legal limit, but also applies to submitting to the chemical test or breathalyzer to test that BAC. In addition, implied consent laws also apply to:
- Producing your driver’s license and proof of insurance when asked to by law enforcement; and
- Performing field sobriety tests when requested by law enforcement.
If you refuse to submit to chemical testing or field sobriety tests, you may face penalties even if the drunk driving charges are later dismissed or you are found not guilty. This is because the legal system says you broke the implied consent law you originally agreed to obey.
The Importance of Criminal Procedures
Drivers may agree to implied consent, but it is also important to realize that police officers are required to follow strict protocols when dealing with community members. These are not in place at a whim but instead represent critical safeguards. Procedural defects are a common defense in many different criminal cases. The most well-known include issues like failure to read a defendant Miranda Rights and unlawful searches and seizures.
When these procedural safeguards are ignored or forgotten by officers, then it is common for charges to be dropped or evidence excluded from court. Your Bloomington IL DUI lawyer will look closely at the specifics of your case to ensure proper protocols were followed at all times.
Fighting for Your Rights
Implied consent laws and regular drunk driving penalties can be harsh and result in loss of license, high fines, and possible jail time. This is why you need an experienced DUI lawyer representing you.
If you or a family member is charged with DUI or a similar alcohol-related offense, you need someone who will fight for your rights and make sure the state follows all proper procedures. Contact a DUI lawyer Bloomington IL clients recommend from Pioletti Pioletti & Nichols to set up a free case evaluation.
Defending Those Charged With a DUI in McLean County
When you’ve been arrested for a DUI in McLean County you may need a DUI lawyer Bloomington IL residents trust. An experienced lawyer from Pioletti Pioletti & Nichols may protect your rights, make sure you are treated fairly, and get you results. We understand what you are going through. We understand that you may be feeling confused or angry about what’s happening to you. The process of being arrested, taken to jail, photographed, and fingerprinted was probably humiliating. We feel for you. We’d like you to know that we may be able to help.
What Is a Statutory Summary Suspension?
A statutory summary suspension occurs when an individual is pulled over with a BAC of .08 percent or more. The law says that on the 46th day from the law enforcement report, your license will be suspended. The length of the suspension varies depending on your prior record, but here are the guidelines:
- If you’re a first offender and have a BAC of .08 percent or more, your license may be suspended for three months.
- If you’re not a first offender and have a BAC of .08 percent or more, your license may be suspended for a year.
- If you’re a first offender but refuse to submit to testing to determine your BAC, you may lose your license for six months.
- If you’re not a first offender and refuse to submit to testing to determine your BAC, you may lose your license for two years.
- In this case, a first offender is defined as someone who hasn’t had a DUI issue in the last five years.
Any DUI lawyer Bloomington IL has to offer may tell you that the Illinois Secretary of State may already be in the process of suspending your license as soon as you are arrested. Should you fail to challenge the summary suspension within 46 days, the suspension may become effective for a period of between three months and three years.
It only takes that one quick decision and you could end up without driving privileges for up to three years. This is why it can be so important to have a DUI lawyer Bloomington IL residents trust fighting for your rights. It may be possible to appeal the suspension the moment it happens and possibly have it overturned.
Recreational Marijuana Charges
More and more states are changing the laws regarding how they handle the possession of marijuana and just how serious the penalties of conviction can be. The majority of states now have medical marijuana laws, allowing those with state and medical permission to legally obtain cannabis and cannabis-related products to be purchased from dispensaries that are regulated by the state.
In addition to medical marijuana laws, many states have also passed laws which decriminalize recreational use of marijuana – meaning any charges are akin to being cited for a traffic violation, while a handful have passed laws which now make marijuana legal and where anyone over the age of consent can walk into a store approved to sell cannabis products and purchase the items, with no medical or other types of approval needed. If you are unsure of what the laws are in Illinois, contact a DUI lawyer in Bloomington IL.
However, even in states where marijuana laws have been relaxed, there are still several restrictions which may be in place that anyone using marijuana should be aware of. Failure to adhere to these rules could result in some kind of drug charges, despite the decriminalization or legalization in your state. It is important to keep the following in mind:
The age of the individual possessing the marijuana: Anyone who is under the age of 21 and in possession of any form of cannabis will be charged with illegal possession. The penalties for conviction are similar to anyone charged with underage drinking.
Limits on the amount of possession a person can have: Although it may be legal to possess marijuana in the state you are in, there is a limit on how much you can possess. That limit is dependent on the form of cannabis you have, such as edible, flower, or liquid. There is also a big different in the amount of cannabis a person can have in their possession when they are in the public arena, compared to when they are in their own home. Typically, being caught with slightly over the legal limit will result in a petty offense charge, but larger amounts could be charged as a felony or misdemeanor. Ask a DUI lawyer if you are unsure of what the legal limit is in Illinois.
The location where you can use marijuana: All states which have legalized marijuana have made it illegal to the use of it in public places. The charge for violation is a petty offense, unless the individual possesses more than the legal limit the state allows.
Driving under the influence of marijuana: In the same way alcohol is legal but drinking and alcohol and driving is not, driving under the influence of marijuana is a criminal offense. Unlike an alcohol DUI, however, there is not set standard across states as to the right way to measure how impaired a driver is from the cannabis in their system. THC is the ingredient in cannabis that makes a person high and it is that substance that is measured to determine if the driver is under the influence. The major legal flaw with that method is that THC can stay in an individual’s blood for days after they actually smoked or ingested the cannabis. This means that most marijuana DUI charges depend on the arresting officer’s observation of the driver and how they determined the driver was indeed impaired.
Contact a DUI Lawyer Bloomington IL Drivers Can Rely On
To defend yourself against a DUI charge, you may need an experienced attorney on your side. A trusted Bloomington DUI lawyer may be able to protect your driving privileges and get you the best outcome possible. The law firm of Pioletti Pioletti & Nichols has extensive experience defending people arrested for DUI.
We may be able to fight your driver’s license revocation and get your driving privileges reinstated. If your license has already been revoked from a prior conviction, a DUI lawyer in Bloomington IL may be able to represent you at your driver’s license reinstatement hearing with the Secretary of State to get your license back.
To receive a free DUI case evaluation, contact a DUI lawyer at Pioletti Pioletti & Nichols. We represent people charged with DUI in the Bloomington and Peoria Areas including Bloomington-Normal, Clinton, Eureka, El Paso, and Metamora. When you choose a DUI lawyer Bloomington IL residents trust, you may have a better chance of keeping your driver’s license, so call our office today.
DUI Lawyer Bloomington IL
With over a million people being arrested for a DUI each year, it can pay off to know a DUI lawyer in Bloomington, IL. Since drinking has become such a huge piece of American culture, there are many people that are trying to come up with ways to outsmart the breathalizer and drive home after a night of drinking. Not only is this dangerous for everyone on the road, but it simply just won’t work either.
Drunk driving myths have been passed around over the years and many of them seem like they could work. The simple fact is, if you drink save yourself the trouble and get a ride home. Below are some of the most common DUI myths and misconceptions debunked.
Myth #1: Your BAC Has to be 0.08 Percent or Higher to Get a DUI
You may want to think again if you believe that you can only be charged with a DUI if your blood-alcohol content has to be 0.08 percent or higher to get changed. In many states an officer can arrest you for a DUI if they believe you are driving impared due to the influence of alcohol. You can still challenge the validity of your test results if you have one under the 0.08 percent. However, if you blew higher it may not be in your best interest to challenge it but talk to a lawyer about how to go abou your case to get the most favorable outcome for you.
Myth #2: Drive Carefully and You Won’t be Caught
Even the most careful drivers can still get caught for drunk driving. Remember, when you drink your ability to make decisions is compromised. No matter how carefully you drive, you are still under the influence. Law enforcement officers may detain you for a short time to check for impaired driving.
Myth # 3: Eating or Waiting an Hour After Drinking Will Lower Your BAC Levels
Eating or waiting for it to burn off are usually the bets that people have at lowering their BAC. Sadly, these aren’t a reliable course of action as far as avoiding a DUI is concerned. While eating may help you combat the narcotic effects of alcohol it does absolutely nothing for your BAC levels. There are even more studies taht suggest your BAC is higher an hour after your last drink as well.
The best way to avoid a DUI is to not drink and drive. Even if you’ve only had one or two glasses you can still fail a breathalyzer test. When there is alcohol in your system you are impaired even if you don’t feel like you are.
There are many more myths out there, like sucking on a penny to trick the breathalyzer, that simply just isn’t true. If you are being faced with a DUI then contact a DUI lawyer in Bloomington, IL from the team here at the law firm of Pioletti Pioletti & Nichols to help you with your case.
Bloomington Common Questions About Penalties For A First-Time DUI Offense
When someone has been charged with a DUI, it’s only natural to have many questions over what to expect. The penalties and consequences can feel uncertain, especially if you’re unfamiliar with the process. To help clarify some of the most common concerns, we’ve put together a list of frequently asked questions about the penalties for a first-time DUI offense. These answers will give you a better understanding of what might happen and how you can prepare. If you’re seeking personalized guidance, a Bloomington, IL DUI lawyer can provide advice based on your specific case.
What Are The Penalties For A First-time DUI Offense?
The penalties for a first-time DUI offense typically include fines, probation, and a driver’s license suspension. The amount of the fine can vary depending on the state, and you might also be required to attend alcohol education classes. In addition to fines, probation is common, and some people may have to complete community service hours. Most states will also suspend your license for a period of six months to a year, and a DUI conviction can result in higher insurance premiums for several years.
Will I Go To Jail For My First DUI Offense?
Jail time is possible for a first DUI offense, but it’s often a short period. Many first-time offenders serve only a few days in jail, and in some states, there may be no mandatory jail time. The likelihood of jail depends on factors like your blood alcohol concentration (BAC) and whether there was an accident. In many cases, alternatives like probation or community service are available, especially if there were no aggravating circumstances.
How Long Will My License Be Suspended For A First DUI Offense?
For first-time DUIs our Bloomington DUI lawyer shares that most states will suspend your license for six months to a year. The exact length of the suspension can vary depending on the state and the specifics of your case. Some drivers may qualify for a restricted license that allows them to drive to work or school, but this often comes with certain conditions, such as the use of an ignition interlock device.
Can I Avoid Jail Time With A First DUI Offense?
It is possible to avoid jail time with a first DUI offense, depending on the situation. Probation, community service, and alcohol education programs are often used in place of jail time for first-time offenders. These alternatives are more likely if there are no aggravating factors, such as a high BAC or an accident. Each case is unique, and the availability of these options depends on your state’s laws and the details of your case.
Will I Need To Install An Ignition Interlock Device After My First DUI?
Whether or not you need to install an ignition interlock device after a first DUI depends on the state and the specifics of your offense. Some states require an ignition interlock for first-time offenders, especially if their BAC was above a certain level or if there were aggravating factors. In other states, it may not be required unless there are repeat offenses or other complications.
Understanding Your Next Steps After A First-Time DUI Offense
There are a range of potential penalties for a first-time DUI offense including probation, license suspension, and possibly jail time. The specifics of your case, such as your BAC and whether any accidents occurred, will influence the severity of these penalties. For those managing these charges, speaking with a Bloomington DUI lawyer can help clarify your options and guide you through the legal process. At Pioletti Pioletti & Nichols, we have been serving Illinois and Indiana and have been practicing for more than 80 years. We’re available to provide support and advice for your situation. Contact us today for a consultation, we’re available 24/7.
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