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 [...]
The penalties for an arrest for driving under the influence in Illinois were increased in 2011. A second offense of DUI is still a misdemeanor, but the penalties are far more severe than any other misdemeanor. The law provides that a second offense of DUI is a Class A misdemeanor. The law in Illinois provides [...]
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 [...]
The laws against driving under the influence in Illinois have enhanced penalties where the defendant was transporting a child passenger. The DUI statute in Illinois is 625 ILCS 5/11-501. A first offense is a Class A misdemeanor offense. The sentencing range is up to one year in jail and a possible fine of $2,500. But [...]
The breathalyzer test that is part of nearly all driving under the influence arrests serves as the State’s best evidence that the driver is guilty. A result of 0.08 or more is per se a violation of 625 ILCS 5/11-501. But the breath test does more. A high breath alcohol concentration can subject the defendant [...]
Driving while license suspended is a criminal offense in the state of Illinois. The offense is typically charged by a police officer by issuing a traffic ticket and releasing the defendant at the police station. This practice is deceiving because it does not accurately represent the seriousness of the offense. The statute for driving while [...]
- by Lewis Gainor, DUI Lawyer
