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.
Showing posts with label drunk driving. Show all posts
Showing posts with label drunk driving. Show all posts
Tuesday, January 1, 2013
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.
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.
Friday, December 14, 2012
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
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
Sunday, September 16, 2012
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:
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:
Wednesday, August 22, 2012
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.
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.
Wednesday, April 4, 2012
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.
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.
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