Lewis Gainor, Attorney at Law
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 [...]
Driving under the influence is a crime that has generally remained the same over the years. The elements are basically that the defendant was: 1) driving and 2) under the influence. While the elements of the offense remain unchanged, the penalties for DUI change every year. And they change in only one direction, they are [...]
Many people are confused about the difference between a summary suspension and supervision. The two may sound alike, but they are very different. A summary suspension concerns your driver’s license. Your license to drive is suspended usually 46 days after an arrest for driving under the influence. The suspension is called a statutory summary suspension. [...]
If a person is found guilty of driving under the influence in Illinois, and he has no prior offenses of DUI or reckless driving, then the judge is authorized to sentence the defendant to court supervision. Supervision is generally the disposition sought after by attorneys. As discussed in other articles on this blog, supervision is [...]
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 [...]
If the defendant is found guilty of driving under the influence, the court will proceed to sentencing. It is during the sentencing stage of a case that a person risks having his driver’s license revoked, and being incarcerated in jail. As of 2011, the law in Illinois allows the judge to sentence the defendant to [...]
Illinois law on driving under the influence changed significantly in 2008. In that year, the legislature added additional penalties for the offense of DUI. For example, an arrest for DUI where the driver does not have a valid license turned into a felony offense. For years defendants who were arrested for DUI without a valid [...]
An arrest for driving under the influence has two consequences on a person’s driving privileges under Illinois law. First, his driver’s license will be suspended 46 days after the date of arrest based on either 1) a breath alcohol concentration of 0.08 or more, or 2) a refusal to take the breathalyzer test. The suspension [...]
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 [...]
- by Lewis Gainor, DUI Lawyer
