DUI Laws in Illinois apply to people who are under the influence of alcohol as well as persons who may be under the influence of drugs.  If a Police officer suspects that you are under the influence of any type of drug, even prescription drugs, you may be arrested for DUI.  While the elements of a DUI-Drug case are similar to that of a DUI-Alcohol case, the prosecution may not be able to lay the proper foundation to admit all the evidence they need to secure a conviction.  An experienced defense attorney will be able to take advantage of these evidentiary requirements in order to get the best disposition possible.  Just because you are charged with DUI-Drug does not mean you must be convicted.

Charged with DUI Drug?  Call for a FREE INITIAL CONSULTATION (779) 500-0167

OVER THE COUNTER MEDICATIONS AND PRESCRIPTION DRUGS

Even if you are taking over the counter medications, or medications for which you have a prescription, you may still be arrested for DUI Drug.  Just because you are legally consuming medication does not mean the State won’t bring charges against you.  In a DUI-Alcohol case, the State may prove impairment based on a breath test or standardized field sobriety testing.  In a DUI drug case the state must prove BOTH that you were taking a substance that has an impairing effect AND that you were actually impaired from the consumption of that substance.  Evidence of this type is only admissible through expert testimony.  It is often the case that the police officer making the arrest does not have the proper training or qualifications to determine if a person is legally under the influence of drugs.  An experienced attorney will take advantage of this and move suppress any evidence obtained by an unqualified or untrained police officer.

CONTROLLED SUBSTANCES – STRICT LIABILITY

Driving while under the influence of any controlled substance for which you do not have a prescription is considered a strict liability crime.  This means the State does not have to prove that you were actually impaired by the substance at the time of driving.  The only thing the State must show to secure a conviction is that you had trace amounts of a controlled substance in your system while operating a vehicle.  It is possible for trace amounts of a controlled substance to persist in your system several days after consumption, long after the effects of the drug have worn off.  This means a person who has consumed consumed a controlled substance several days ago and is caught driving a car is potentially guilty of DUI.

DUI – MARIJUANA

Until recently, driving under the influence of marijuana was a strict liability crime, and a person could be convicted for DUI even if there were only trace amounts of marijuana found in a person’s system.  Now the laws have changed so that the state must proved either impairment by marijuana or show that there is a certain level of marijuana in a person’s system.  Now the prosecution has to show that a person had 5 nanograms or more of delta-9-tetrahydrocannabinol per milliliter of whole blood or 10 nanograms or more of delta-9-tetrahydrocannabinol per milliliter of other bodily substance to secure a DUI marijuana conviction.

SHOULD I SUBMIT TO CHEMICAL TESTING?

Unfortunately, it is the reality of our system we live in that the people who cooperate with law enforcement usually suffer the worst consequences.  If a person has consumed marijuana a week ago and shows no signs of impairment, the only way they could be convicted of DUI-Drug is if they were to voluntarily give a urine sample to the police.  If a person shows no signs of impairment and does not submit to chemical testing, it will be nearly impossible for the State to prove their case.

If you refuse testing or you submit to a test that shows trace amounts of a controlled substance in your system, then your license will become suspend.  Click here for more information about DUI license suspension.

DUI DEATH AND STRICT LIABILITY

DUI Death is a serious charge with a sentencing range of 3-14 years in prison.  Until recently, the only thing the State had to prove to get a conviction was that a person had trace amounts of marijuana or a controlled substance in their system and that person was involved in an accident that caused the death of another.  The law did not consider who’s fault the accident was or whether the person was actually impaired at the time of the accident.

Recent case law has changed this and the State is now charged with showing BOTH that the person was impaired by a substance AND that impairment was the proximate cause of the accident.  DUI-Death cases are extremely complicated, especially when there is an issue of impairment by drugs.  Expert testimony will be an integral part of an effective defense strategy that will show a break in the causal relationship between the presence trace amounts of drugs in a person’s system and a traffic accident that caused the death of another.

EFFECTIVE DUI DRUG DEFENSES

In Illinois, DUI is a serious criminal offense. With it come all the protections afforded under the law. Being arrested or charged does not mean that you are automatically convicted and there are several defenses available to a DUI charge, which include:

• The police officer did not have a legally justifiable reason for stopping you
• The police established an illegal roadblock before pulling you over
• The breathalyzer was not calibrated properly
• The records for the breathalyzer were not properly kept
• The Police Officer did not have probable cause to believe you were under the influence of alcohol
• The Police Officer did not have the necessary training to determine a person was under the influence of drugs

In Illinois, there are several ways that a DUI can become a felony.  Even if it is your first offense for Driving Under the Influence, your case can still be enhanced to a felony under certain circumstances.  The approach to representing a client charged with a felony DUI is drastically different than representing a client with a misdemeanor DUI charge. It is imperative that a fully comprehensive defense strategy be designed and implemented as soon as possible after an arrest in order to provide for the best possible outcome.

While some DUI cases may be classified as difficult or tough very few cases are impossible to defend.  There are several reasons why there may be hope for any DUI case.  DUI is one of the few criminal charges in Illinois that have technical defenses.  If the arresting officer fails to follow required procedure, or to maintain evidence in accordance with the law, the case against you may be dismissed.  In most cases it is not possible to know if the officer complied with these procedures at the time of the arrest.

     Need an Experienced Felony DUI Defense Lawyer in Rockford, Illinois?  Call for your FREE INITIAL CONSULTATION (779) 500-0167

CLASS 4 FELONY AGGRAVATED DUI

While a misdemeanor DUI charge has a sentence of no more than one year in jail, a Class 4 Felony Aggravated DUI has a sentencing range of 1-3 years in prison.  While the proof is the same as a misdemeanor DUI, a felony DUI will have one or more additional facts that trigger the more serious sentencing range.  All Class 4 felony DUIs are first or second offense DUIs with an additional factor.  Some of these factors include

• Not having a valid Driver’s license
• Not having insurance
• Driving with a suspended license
• Being involved in an accident resulting in Great Bodily Harm

If a person is convicted of a Class 4 Felony DUI the minimum sentence that can be given by the court 10 days in jail or 480 hours of public service work.  There are circumstances where a class 4 DUI can have extended sentencing ranges.  For instance if a person commits a DUI that results in great bodily harm to another person, the sentencing range is 1-12 years in prison.

THIRD OFFENSE DUI

A third offense DUI will be charged as a class 2 felony, with a sentencing range of 3-7 years in prison.  Even if you received court supervision on your first DUI and the case was eventually dismissed, this still counts as an “offense” in the eyes of the law.  So if a person receives supervision on their first DUI and a conviction on their second, the court will still consider this as two prior offenses. A third offense DUI is a “probationable” class 2 felony.  This means that if a person is convicted, the court may sentence them to serve a term of probation in lieu of the mandatory 3-7 years in prison.  If the court does sentence a person to probation on a third offense DUI, the minimum sentence is 10 days in jail or 480 hours of public service work.  If at the time of the offense, a person has a BAC > .16 then the minimum sentence is increased 90 days in jail.  There are also other circumstances where a third offense may involve an extended sentencing range.

FOURTH, FIFTH AND SIXTH OFFENSE DUI

The court is not allowed to give probation to any person convicted of a fourth or subsequent offense for Driving Under the Influence.  A fourth offense DUI is a “non-probationable” class 2 felony.  This means that if a person is convicted of a fourth offense DUI, the court must sentence them to 3-7 years in prison, unless they are extended term eligible, then the sentencing range is 3-14 years in prison.   Listed below are the sentencing ranges for fourth and subsequent DUI offenses

• Fourth Offense – Class 2 Felony 3-7 years in prison
• Fifth Offense – Class 1 Felony 4-15 years in prison
• Sixth and Subsequent Offense – Class X Felony 6-30 years in prison

In addition to the term in prison, any person convicted of a fourth or subsequent DUI that had a BAC > .16 will be subject to a mandatory minimum fine of $5,000.  If they were transporting a person under the age 16 at the time, the mandatory minimum fine is increased to $25,000

AGGRAVATED DUI WITH DEATH

A first offense DUI that results in the death of another person will be charged as a class 2 felony with a sentencing range of 3-14 years in prison.  If the DUI resulted in the death of 2 or more people, then the sentencing range is 6-28 years in prison.  Furthermore, truth in sentencing applies and any person sentenced will not receive day for day (50%) credit on their sentence.  Instead, any person sentenced for a DUI involving death must serve 85% of their prison sentence.  DUI Death cases are extremely complex and it’s important to hire an experienced attorney to represent you.

HAVE YOU BEEN ARRESTED FOR FELONY DUI?

If you or a loved one has been involved in a DUI related accident or has been charged with felony DUI, there are several steps that you should take.  Until you are able to consult with an attorney, it is advisable that you make no statements to law enforcement or answer any questions.  It is important to seek guidance in these cases at the earliest opportunity.  Although a felony DUI arrest is the most serious traffic offense in Illinois, no case is hopeless.

Our Attorneys have years of experience representing clients charged with a felony DUI.  In almost all cases there are opportunities to present both legal and factual defenses as well as to present the mitigating circumstances necessary to ensure the best result possible.  If you have been charged with felony DUI, contact my office and set up your free initial consultation.  We represent clients charged in Rockford, Belvidere, Freeport, Oregon, Galena, Dekalb and Kane County.

SCRAM (Secure Continuous Remote Alcohol Monitor) is a transdermal alcohol monitoring system that is attached to the user in the form of an ankle bracelet.  With increasing frequency in Illinois, courts are requiring people who have been found guilty of Driving Under the Influence to undergo SCRAM monitoring as a condition of their sentence.  In some cases, courts are even requiring a person who has only been charged with and not found guilty of DUI to undergo SCRAM monitoring as a condition of their bond.  This means any violation of SCRAM monitoring could compel the courts to revoke a person’s bond and they would have to wait in custody while there case is pending.  In addition to alcohol monitoring, the SCRAM device is also capable of being used to enforce any house arrest conditions that may be required by the court.

HOW SCRAM WORKS

The SCRAM system is a two part system that uses a base station connected to the internet via wireless, ethernet, or a landline connection, and a bracelet that is worn on the user’s ankle.  Every 30 minutes, the bracelet will analyze the user’s sweat and measure it for any alcohol.  The bracelet saves the information and once a day is required to be synced with the internet capable base station, which then transmits the data to the courts.