Ramsell & Associates, LLC

Illinois DUI Laws and Penalties - 2013 - First Offense • Class A Misdemeanor • Court Supervision up to 2 years • DUI Tech Fee $750.00 (P.A. Act 96-1342 eff. 1-1-11) • $50.00 Roadside Memorial Fund Fee (730 ILCS 5/5-9-1.17) • Fines of $0-$2,500.00 and • BAC > .16 or greater.

Illinois DUI Penalties - 2012 - First Offense • Class A Misdemeanor • Court Supervision up to 2 years • DUI Tech Fee $750.00 (P.A. Act 96-1342 eff. 1-1-11) • $50.00 Roadside Memorial Fund Fee (730 ILCS 5/5-9-1.17) • Fines of $0-$2,500.00 and • BAC > .16 or greater.

P.A. 97-466, eff. 1-1-12 Short Description: School Bus Driver and Alcohol Testing · Amends 625 ILCS 5/6-106.1; adds 625 ILCS 5/6-106.1c new - · Amends the Illinois Vehicle Code. Provides that an employer of a school bus driver permit holder who holds a commercial driver's license and who works for the employer as a school bus driver and is therefore subject to 49 CFR 382.307 shall, within 48 hours...

New Illinois DUI and Illinois Traffic Laws for 2011

The penalties for Illinois DUI laws and arrests in 2011 have increased again. The following Illinois DUI Sentences Guide is helpful, but caution should be employed.

In a sweeping decision, the Illinois Supreme Court placed limits on the police use of a sobriety test that had gone unchallenged in Illinois for the past 25 years.

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

A statutory summary suspension provides for the automatic suspension of driving privileges of a driver arrested for DUI who fails, refuses to submit to, or fails to complete chemical testing.

“A person is under the influence of alcohol when, as a result of drinking any amount of alcohol, his mental or physical faculties are so impaired as to reduce his ability to think and act with ordinary care." Ill. Pattern Jury Instr.-Criminal 23.29 (4th ed.)

The statute of limitations for a misdemeanor DUI is generally18 months from the date of offense. The statute of limitations for a felony DUI is generally 3 years from the date of offense.

The basic principle on which breath testing is based is Henry's Law, which states that if a gas and liquid are in a closed container, at a constant temperature, and in a state of equilibrium, the concentration of the gas in the air above the liquid is proportional to the concentration of the gas which is dissolved in the liquid.

On January 1, 1986, statutory summary suspensions were added to the laws of Illinois against drunk driving. Since that time, various court decisions and legislative amendments have affected the practice of defending DUI drivers.

The Sixth Amendment to the United States Constitution states: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him.

Several defenses to the validity of breath tests exist as a result of the ingestion of foreign substances by an arrestee prior to the taking of a breathalyzer test, even if the ingestion occurs outside the 20 minute observation period.

Below are the Illinois Commercial Drivers License (CDL) Laws based upon the Federal Regulations of the Federal Motor Carrier Safety Administration. Essentially, it states that a CDL driver faces a one year disqualification from driving a Commercial Motor Vehicle (CMV) for a first-time DUI or DUI-related suspension, and a lifetime disqualification for a second DUI or DUI-related suspension. (A sentence of Court Supervision is considered a conviction for purposes of these regulations)

It's a question your most important client might pose, or maybe your neighbor: "What should I do if I'm stopped for DUI?" Here's an overview for lawyers who don't practice DUI law.

Beginning in December of 2006, DuPage County became the first court in Illinois to allow the use of Alcohol Monitoring Ankle Bracelets in court cases involving DUI Arrests. These are more appropriately referred to as SCRAM devices. 'SCRAM' stands for Secure Continuous Remote Alcohol Monitor. The devices were designed by Alcohol Monitoring Systems, Inc., headquartered in Highlands Ranch, Colorado.

Effective January 1, 2009, the judicial driving permit, a hardship license formerly granted to first offenders (see 625 ILCS 11-500 for definition of ‘first offenders’) is abolished for all arrestees on or after 1-1-09. 625 ILCS 5/6-206.1 makes several substantial changes to the implied consent laws.

Ramsell & Associates, LLC has used each and every one of the below items to successfully defend clients against DUI charges over the past 19 years.