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 [...]
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 [...]
Driving under the influence is a criminal offense in Illinois. It is subject to the same rules of criminal procedure and evidence as any other charge, including first degree murder. The defendant is protected by the United States Constitution, which provides the right to a jury of 12 people and the right to confront one’s [...]
In Illinois, the offense of driving under the influence can be based on alcohol, drugs, or even prescribed medication. Some refer to this as drugged driving, as opposed to drunk driving. This offense of DUI is prosecuted under the same statute as a DUI offense where the driver was intoxicated on alcohol, 625 ILCS 5/11-501. [...]
Driving under the influence can be charged in numerous ways under Illinois law. It can be based on impairment by illegal drugs, prescription medication, and the combined influence of alcohol and drugs. But the most prevalent charge of DUI is based on intoxication by alcohol. If a person is accused of driving under the influence [...]
The legal limit for alcohol while operating a motor vehicle in Illinois is 0.08 percent. Many people are mistaken that a person is guilty of driving under the influence only if his alcohol level is over 0.08. This is not the case. The legal limit is anything greater than 0.079. An alcohol concentration in a [...]
- by Lewis Gainor, DUI Lawyer
