Lewis Gainor, Attorney at Law
An arrest for driving under the influence is typically a misdemeanor. However, there are some circumstances under which even a first offense can be a felony. For review, a misdemeanor is different from a felony in that the maximum sentence for a misdemeanor is less than one year in jail. A felony charge, however, has [...]
In the year 2013, driving under the influence remains one of the most highly politicized offenses in Illinois courts. There is no offense that will get a prosecutor fired quicker for giving a good deal than DUI. In these cases, Assistant State’s Attorneys are always wary of how it will look after they give the [...]
An arrest for driving under the influence in Illinois is recorded, in most respects, for all time. This is a distressing fact for someone who has never been arrested before. One bad decision can make for a lifetime of regret. But it does not have to be that way. The record of a DUI arrest [...]
Driving under the influence is the only offense in Illinois that requires the offender to undergo an evaluation before sentencing. The evaluation is mandated by statute. There is one exception to this rule, and it shows how seriously the law treats a DUI. The only other case in which the defendant is required to have [...]
We return in 2012 for an update on the law against driving under the influence in the state of Illinois. While crimes such as domestic battery, theft, and murder have not changed in decades, the laws on DUI are changing every year. The statute that prohibits driving under the influence of alcohol or drugs remains [...]
Examine the numbers of arrests for driving under the influence in Illinois, and you can see that on average, the driver takes a breathalyzer test. When the driver takes a breathalyzer test, and fails, he is charged with violating 625 ILCS 5/11-501(a)(1) for having an alcohol concentration is breath of 0.08 or higher. Despite the [...]
A charge of driving under the influence of alcohol in Illinois generally takes two forms. One, the driver is charged with violating section 625 ILCS 5/11-501(a)(1). Two, the driver is accused of violating section 11-501(a)(2). Each charge has its own implications. In this article, we are going to look at charge of 11-501(a)(1). This type [...]
Another year comes and another set of penalties for driving under the influence in Illinois. The law in Illinois on DUI changes every year. The reasons for this include the fact that ambiguities in earlier statutes are detected or become problematic in court, and these instances are reported to state lawmakers. Another reason the law [...]
A charge of driving under the influence in Illinois has serious consequences. Most DUI offenders are charged with a Class A misdemeanor offense of DUI. A Class A misdemeanor is punishable by up to one year in jail and a fine of $2,500. If the defendant is found guilty of a crime, then he is [...]
- by Lewis Gainor, DUI Lawyer
