Is drinking and driving the same thing as DUI in Illinois?

Maybe you had a drink at dinner. Or you toasted the bride at a wedding. Perhaps you just enjoyed a beer with a friend. Under Illinois DUI law, is it illegal to drive home after you've had that drink? Many people automatically assume drinking and driving is DUI. But the answer may surprise you . . .

If you've been arrested for DUI in the Chicago area, but don't think you were impaired by the alcohol you consumed, you're going to need an attorney right away. Give us a call at 800-454-4Law or 800-454-4529.

Santa and DUI

I have to admit that upon reading the headline, I thought this was going in a very different direction.

The excellent article linked to below discusses the use of alcohol detection devices in your automobile. These are issues you need to know about now. This is coming

Happy holidays from Fagan, Fagan & Davis!

http://www.myrtlebeachonline.com/2012/12/13/3220723/santas-dui.html

Carlton Fisk arrested for DUI in Illinois

Say it ain't so, Carlton! The ex-Chicago White Sox Hall of Famer was apparently asleep behind the wheel, off the road in a cornfield. He was transported to the hospital according to reports, and was disoriented. Police found an open bottle of alcohol in the car.

The catcher's DUI attorneys may have fertile ground to challenge many aspects of this case, and we'll be curious to see what develops.

Ex-Sox catcher Carlton Fisk arrested for DUI

Miss Howard Stern DUI (not Mrs. Howard Stern, thank you)!

The formally crowned and currently reigning Miss Howard Stern, Andrea Ownbey, was arrested for DUI after an accident on October 8, and took a breath test revealing a 0.17 breath result.

No word yet on whether the Howard Stern show will rescind Miss Ownbey's title due to a conflict with their high moral standards. Ahem . . .

http://www.tmz.com/2012/10/19/miss-howard-stern-andrea-ownbey-arrested-dui-sirius-xm/#

Don't drink and drive! 'Cause that's DUI. Really? No.

I'm going to say something about DUI law that might sound controversial. It isn't though - it just sounds that way. And that's because of the outrageous, emotionally exploitative mantra you've heard over and over. Say it with me . . .
DON'T DRINK AND DRIVE
. . . oh, didn't catch that one? Maybe you've heard . . .
YOU DRINK, YOU DRIVE, YOU LOSE

Of course, there have been other great variants. They do their job well. They are catchy, they drive home the idea that . . . wait, what idea do they drive home exactly?

I'll tell you. The idea they drive home is that if you've consumed any alcohol whatsoever, even if you are in no way affected by it, someone (someone angry in uniform with a gun) is coming to get you because society won't tolerate it.

That's the message, but that's going too far. The truth is that unless it is otherwise illegal for you to consume alcohol, drinking and driving is not DUI, and you shouldn't lose a thing. Drinking to the point that your judgement is affected, your coordination, your sense of timing, your reaction time . . . that's what's important. Why not just say that?

It's not catchy, is it?

Want to learn more? Watch the video:

Chicago DUI payout for false arrests - too little, too late?

Chicago was in a pickle. They had an officer, Richard Fiorito, who had been consistently accused of wrongful arrest by many different Defendants over a long period of time. As we've chronicled here before, this goes beyond Officer Fiorito alone (who has resigned his position as of this past December). To get out of this pickle, the city will have to pay $450,000 to two separate plaintiffs and their attorneys.

As a different approach, perhaps the money might be better spent in the future on better training in DUI enforcement and professionalism?

Chicago to pay of $450,000 to 2 drivers over false DUI charges

If you face prosecution for DUI in Chicago, don't automatically give up without a fight. Call us for a free consultation at 847-635-8200.

How long is your Illinois Driver's License Suspension if this IS NOT your first DUI?

A police officer arrests you for DUI in Illinois. After the officer has formed the belief you have been driving under the influence of alcohol, cannabis (marijuana), methamphetamine or some other intoxicating substance, he seems to be under the impression you can understand it if he reads you a bunch of legalese about driver's license suspensions. He refuses to explain any of it "sorry bro, I can't" and hands you a stack of papers.

Later, you realize . . . this means trouble.

Your drivers license is going to be suspended. But you've had a DUI before - so for how long is this suspension supposed to be?

Watch and learn, then call us.

Skokie has DUI Roadblocks scheduled for Labor day

Many municipalities will have DUI roadblocks, known in Illinois as Roadside Safety Checks (but we know what they are, don't we?), and we'll post what know about here.

For now, know that the Skokie police department will be out in force making DUI arrests on the following dates, times and locations.

• Friday, Aug. 24 – 25, 2012, 11:15 p.m. – 3:15 a.m., 5005 Dempster St., Skokie IL
• Sunday, Sept. 02 – 03, 2012, 11:15 p.m. – 3:15 a.m., 5200 Touhy Ave, Skokie IL

DUI Roadblock arrests are valid in Illinois if the police follow the rules, but absolutely can be defended by experienced DUI lawyers, so if you find yourself in a pickle as a result of one of these "show me your papers" stops, call us at Fagan, Fagan & Davis at 847-635-8200, and we'll be happy to discuss your defense.

Here's the original publication in Skokie's "Patch" -

Seat Belt, DUI Checkpoints Scheduled for Labor Day Weekend

Does taking the DUI breath test mean automatic guilty? Definitely not!

Motorists arrested for DUI in Illinois typically take a breath test or other chemical test, like blood or urine. Illinois law is structured to encourage people to take the breath test, and police officers are trained to push them as well. 

The vast majority of those who do submit to breath testing blow a 0.08 or above, the legal limit under Illinois law as well as nationwide. A common question we get at Fagan, Fagan & Davis is if you took the breath test and the result was 0.08 or higher, is there any chance of winning the DUI?

In some cases, yes there certainly is - but far too many defendants and lawyers give up without a fight and plead guilty without ever exploring issues real DUI lawyers look at every day to help their clients.

Watch the video to learn more, then, if you're facing a DUI in the Chicago area, pick up the phone and call our office to discuss!

Weird DUI of the Day: Pastor suspended after DUI, nude-driving arrest

The truth? People of all stripes (and some without stripes at all, or anything for that matter) get arrested for DUI every day. Even well-liked pastors. Even naked.
Pastor suspended after DUI, nude-driving arrest

Seriously, based on the article and other reports, it is entirely possible that there is more to the story here, and prescription drugs may have played a part in this unexpected situation. Hopefully, the pastor engages the services of a DUI attorney that will take a careful look into . . . the bare truth.

First DUI Arrest? How long will that Statutory Summary Suspension last?

It was a bad night. A police officer has just arrested you for DUI in Chicago, maybe in the suburbs or on the highway by the Illinois State police or some local police department. You're tired. You're confused. You're scared. Maybe you had something to drink or smoke (allegedly).

And then the officer reads you a bunch of stuff and hands you some papers. Maybe you'll even try to read them.

When arrested for DUI in Illinois, you're supposed to be warned that if you take a breath test or a blood or urine test and show a positive result, you'll be suspended for a certain amount of time. You're supposed to be told that if you refuse any test, that changes the amount of time.

Here's what you need to know to decipher all that mess.

Do you need a lawyer for your DUI arrest in Illinois?

Subtitle: Do you need a cardio-thoracic surgeon or will you be performing your own heart surgery today?

Really. That's about the size of it. DUI in Illinois has so many potentially far-ranging consequences that it makes the question seem almost silly. In fact, if for some strange reason you appear at your first court appearance without an Illinois DUI lawyer, the very first thing you'll likely hear from the Judge is "where is your attorney?"

That isn't the Judge being smart-alecky (though some members of the bench are pretty adept at that). If you tell a Judge you don't have an attorney for a DUI, watch their face as they attempt to stop themselves from rolling their eyes. Most of the time they'll be successful just because they're too busy, but sometimes you might catch them in the act.

DUI isn't a traffic case. It isn't a criminal case. It isn't a seminar on forensic science. It isn't civil litigation. No, in Illinois, it's all those things and more. There are aspects of every one of those fields involved, and punishments range from the civil, such as driver's license suspension or revocation, to the criminal, including jail or prison time, significant fines, community service, and alcohol or substance treatment. DUI can affect your future employment prospects, social standing, and where applicable, immigration status.

In short, you need a lawyer. A lawyer that focusses on defense of DUI.

Now.

Does a DUI suspension begin immediately after a DUI arrest?

A DUI arrest in Illinois is scary enough. Then you might hear an officer or some well-meaning soul telling you (or implying) that your driver's license is going to be suspended right away. But that's just what happens.

Before you wonder how you're going to get to work, school, the grocery store, the doctor in the morning, take a peek at this:

Then give us a call at 847-635-8200, email us at office@ffdlawyers.com.

Driver charged with DUI after SUV sideswipes "party bus" on Eisenhower - no, really.

People wonder if Chicago is a party town. Apparently there was a party in the bus . . . as well as next to it. Somebody needs a great Chicago DUI lawyer fast.

Driver charged with DUI after SUV sideswipes "party bus" on Eisenhower

Arrested for DUI. Lost Job. DUI Dismissed. Justice?

It happens. People get arrested for DUI and other criminal offenses every day. Many face the fear they'll lose their jobs over it. If their jobs are public enough, sometimes they even feel pressure to resign though they have a great criminal defense attorney, have every intention of fighting for themselves, and might actually not be guilty of the charges they face.

Consider the sad tale of one J. Randolph Babbitt. Yes, that Babbitt, the former head of the Federal Aviation Administration, who resigned in shame over his DUI arrest amid public outcry. UPI reports today that Mr. Babbitt's DUI was recently dismissed due a violation of Babbitt's Constitutional rights protecting him (and you) from unlawful arrest. The police must have probable cause to make an arrest for DUI, and in this case, the Judge did not see it.

Meanwhile, Mr. Babbitt is out of a job.

Justice?

Gotta go on Cinco de Mayo? You might get arrested for DUI!

A recent study likened the impairing effects of need to use the facilities as similar to those exhibited when driving under the influence of alcohol.

Put aside for the moment the quality of that research and think about that.

Are you likely to drink and then afterwards drive this May 5 for Cinco de Mayo? That's legal as long as you haven't drunk to the point you're intoxicated, but even so, you might just need to hit the john before you get going, or risk your local Illinois police officer mistaking your little dance for evidence of a DUI.

Drive safe and smart, and remember to call Fagan, Fagan & Davis at (847) 635-8200 if you need help!

Study says having to pee at the wheel is like driving drunk - MSN.com

Grayslake police chief charged with DUI - refused all testing. Wonder why?

The Grayslake Illinois police Chief  was charged with drunk driving after a Wisconsin crash Friday. In a wise move that will be no surprise to anyone knowledgable about DUI law and enforcement, the Chief refused to submit to any field sobriety testing, refused medical treatment (which potentially includes blood and urine testing) and refused an evidentiary or forensic blood testing.

Why do this?

Naturally, people tend to think the police live by their famous motto of "To Protect and Serve," and that's certainly usually part of the mix. That said, in the matter of DUI, it's a bit more like "To Investigate and Arrest".

The tests aren't really a chance to prove you're not under the influence of alcohol. They're really to help support the officer's decision to arrest. And by the time you're doing the tests, most officers have already made that decision.

How do I know this? Let's take a short trip down Logic Lane.

One field sobriety test is the Heel-Toe or Walk-and-Turn test. "Failure" of this test occurs when any two "clues" are observed. Clues include things like leaving more than a one inch gap between feet, raising arms at any time more than 6" away from the body, stepping off an imaginary line. There are a total of 18 steps in either direction. So if on one out of eighteen steps, you leave a two inch gap between steps and also raise your arms 6.5" (in the officer's eagle-eyed estimation) you've failed, despite walking the other 17 steps just fine. In any school in the world, 17/18 is an "A", but not here.

Now you can begin to understand why the Chief, who of course knows all of this, refused testing.

Man bites dog: Woman with 0.295 breath test NOT charged with DUI in Illinois!

In a bizarre twist, according to the Chicago Sun-Times, a driver in an accident in Cook county, right around the corner from Chicago, Illinois, allegedly was found with a spent bottle of Patron, failed field sobriety tests, and then submitted to a breath test that showed a 0.295 breath alcohol level. For those who may have been living on Mars, that's a lot.

And then she was not charged with DUI.

The officer reportedly told the driver she was "getting a break." I have to agree - an Illinois DUI arrest means big trouble, including a minimum six month license suspension, criminal charges that carry penalties up to 364 days in jail and $2500 in fines plus court costs. As I've said here before, according to the Illinois Secretary of State, dealing with a DUI in Illinois costs around $15,000.00 when all is said and done. The Illinois Department of Transportation puts that number more at about $19,000.00.

So yes, while there may indeed be missing facts we don't have (maybe the officer saw the driver chugging the bottle of Patron while standing outside her car after the accident, or maybe she's in the Federal witness protection program?), it's fair to suggest this qualifies as "getting a break".

Most people aren't so lucky, and if you or your loved one is not "getting a break" on a DUI, criminal or traffic matter, don't hesitate to call and speak with me or one of my partners at Fagan, Fagan & Davis by calling 847-635-8200 now for a free consultation.

Is refusing to submit to DUI breath testing in Illinois good advice?

Probably one of the most common questions we get at Fagan, Fagan & Davis is "if I'm stopped for DUI in Illinois, should I take the breath test?" This is always a tough one. Part of the problem is that people don't know what to expect.

Certainly, drinking and driving is not illegal.

Go ahead, read that again and get it over with . . . you know you want to.
The legal limit is 0.08, true enough, but that's just a number - a bright line drawn almost arbitrarily. Not everyone is necessarily impaired at that level in fact, but in law, all states have passed laws to support the legal fiction that it is. So what is a person to do when confronted with the guessing game of figuring out whether they're anywhere near or over that arbitrary 0.08 number on the street in the middle of the night after being confronted by a rather . . . well, confrontational police officer?
Let's see what a State's Attorney has to say about the effect of refusing to submit to breath testing has on the ability to prosecute DuPage county DUI cases.

In a press release promising the latest "no refusal" weekend the State's Attorney notes that "refusal can make it more difficult to prosecute DUI cases."

He's quite right, of course.

However, when we advise clients not to submit to breath testing (or to submit to any performance tests either for that matter), the purpose isn't to frustrate prosecution. Given the amount of public pressure put on police and prosecutors by organizations such as MADD or AAIM, DUI is prosecuted aggressively. That starts on the street, where officers who observe even a slight odor of alcohol are highly reluctant to let anyone drive away. Motorists need to expect the police are out looking for DUI, but they do not have any obligation to assist in their collection of evidence. Polite and cooperative is quite enough, including a polite refusal to take any tests including a breath or chemical test (unless you've consumed absolutely no alcohol, have not consumed any food or beverage of any kind within about 20 minutes and are the picture of perfect health).

As for "no refusal" weekends, what to do? In our opinion, don't take the field sobriety tests, refuse to answer any questions regarding anything not contained on your driver's license, insurance or registration (which the police are entitled to see), and finally . . . make them get the warrant.

One last thing. Unless you want to risk a charge of obstruction of justice or resisting arrest, when the officer tells you to exit the vehicle, do so.

Help! Canada won't let us in!

One of my least favorite calls frequently happens around 2 or 3pm.  Usually it's a young newlywed bride on the verge of tears.

"We're here for our honeymoon and the Canada border people won't let us in because my husband had a supervision for DUI in Chicago four years ago! My hubby didn't even remember this! Can you do something?" [note - expletives deleted to protect my innocent readers].

Sadly, for the most part, the answer is no. You see, in Canada, DUI is a felony offense every time, and is a basis for exclusion from admission.  The most I can suggest in this situation is to ask to speak to a senior agent that has the authority to override the exclusion.  Planning ahead would help, and a call to the Canadian Consulate to determine eligibility for what our northerly neighbors lovingly call "rehabilitation."

According to a recent article in the National Post about DUI exclusion, it would appear that Canada's tourism folks would prefer that exclusion based on DUI cases were perhaps a bit less rigid.  We're thinking somebody told them that occasionally, hunters and fishermen (fisherpeople too) sometimes drink *gasp* alcohol. We'll let you know if we hear about any movement on this.

Meanwhile, let us know what you think about Canada's policy for punishing newlywed brides for DUI arrests their husbands have already forgotten about.