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In Illinois, breath alcohol tests or “breathalyzers” are commonly used to assess a driver’s blood alcohol concentration (BAC). If someone’s BAC is over 0.08 percent, they are intoxicated per se, or intoxicated according to the law. A BAC over the legal limit is not always required for a drunk driving conviction. However, having a BAC of 0.08 percent or more will certainly make the chances of conviction much more likely.
Many people have questions about the accuracy of breathalyzer tests. They may have heard rumors that these devices can be incorrect or even that diets like the keto diet can
Continue Reading Can the Keto Diet Really Lead to a False Positive on a Breathalyzer? 

If you are going through the process of getting a divorce and your spouse is abusive, you may be wondering if you need an order of protection. An order of protection is a court order that can help keep you and your children safe from abuse or threats. Sadly, abusive relationships tend to escalate when the abuse victim tries to leave the relationship. An order of protection may require your spouse to vacate your home, leave you and your children alone, and cease contact with you.
What Is an Order of Protection?
An order of protection is a legal
Continue Reading Should I Get an Order of Protection During My Divorce?

Multiple new laws went into effect January 1, 2023. Among the recent Illinois legislative changes is the SAFE-T Act, which amended prison policy, criminal sentencing, and police reforms. Whether you or a loved one are currently facing criminal charges, or you simply want to be an informed citizen, it is important to understand the changes implemented by the SAFE-T Act.
Ending of Cash Bail is Still Uncertain
The Safety, Accountability, Fairness and Equity-Today Act or SAFE-T Act passed the Illinois legislature in 2021 but some elements of the act are still in limbo. One of the main purposes of
Continue Reading The Illinois SAFE-T Act is Now in Effect

The phrase “the child’s best interests” is repeated multiple times throughout Illinois family law. When an Illinois court makes a decision about a child-related legal matter such as a divorce or child custody dispute, the court prioritizes the child’s best interests above all else. But what does this phrase mean? What does the court consider when assessing what is in the child’s best interests?
Best Interest Factors in Illinois Law
When the court is evaluating a family law case involving a child, there are specific factors the court will consider. These factors include:

  • The Child’s Preferences – If the child

Continue Reading What Does “The Child’s Best Interests” Really Mean?

Domestic battery is defined as causing bodily harm or making physical contact of an offensive or provoking nature with a family or household member. False accusations of domestic battery in Illinois can have a devastating impact on the accused.
The consequences for being accused and convicted of domestic battery are serious: jail time, fines, mandatory counseling, and a criminal record. Furthermore, the accused may face social stigma, job loss, and difficulty finding housing or other assistance.
If you have been arrested and charged with domestic battery, make sure to work with an attorney who will advocate on your behalf.
Continue Reading False Accusations of Domestic Battery in Illinois

Divorcing spouses have many additional issues to consider when they share children. In Illinois, divorcing parents are asked to provide a “parenting plan” to the court. This plan provides the basis for the child custody arrangement after the split is finalized. Developing a parenting plan is rarely simple, and there are seemingly countless factors to consider. If you are a parent who plans to divorce soon, make sure you understand your obligations and rights regarding the parenting plan.
Deadline for Filing a Parenting Plan
Illinois law allows parents 120 days to file a parenting plan after the divorce petition is
Continue Reading Need-to-Know Information About Illinois Parenting Plans

Whether the conviction was for DUI, domestic battery, theft, or another offense, having a criminal conviction on your record can impact your life dramatically. A criminal record can make it difficult to find and maintain employment, pursue higher education opportunities, and secure housing. Being found guilty or pleading guilty to a crime can also harm your personal reputation, because of the social stigma associated with having a criminal record.
If you have been convicted of a crime, you may be able to have your record hidden from view through a process known as record sealing
What is Record Sealing? 
Continue Reading How Can Record Sealing Benefit Me?

Modern families often have two spouses who work outside the home and earn a living. In today’s world, many wives make just as much money as their husbands – if not more. Consequently, some people wonder if alimony is even available in a 2022 divorce.  
Illinois law does allow for alimony, technically called “spousal maintenance,” during a divorce. There are a few different ways that a spouse may be entitled to maintenance payments. If you are ending your marriage, it is important to know how spousal maintenance may come into play during your divorce.
Who Can Get Spousal Maintenance?
Continue Reading Can You Still Get Alimony During Divorce in Illinois?

For college-aged individuals, fall holidays and football games often involve parties in which people are drinking alcohol and using drugs. It is not uncommon for college students to be accused of engaging in non-consensual sexual conduct during these types of events. Party attendants may be accused of having sex with someone who was too intoxicated to consent to the activity, or even charged with forcing someone to have sex against their will.
If you or your college-aged child have been accused of sexual assault or rape, make sure to secure strong legal counsel right away. Allegations like these have
Continue Reading What To Do If You Are Charged with Sexual Assault After a College Party  

Illinois uses the term “parenting time” instead of “visitation” when referring to the time a parent spends with his or her child. Divorced spouses and unmarried co-parents must contend with several complex issues. Determining a parenting time schedule is often of the most challenging aspects of a shared custody arrangement. This is especially true if a parent has an unpredictable work schedule or if parents disagree about how to share time with their children. If you are a parent currently going through a divorce or separation, consider the following factors when designing your parenting time schedule. 
Reaching an Out-Of-Court Agreement
Continue Reading Determining the Best Parenting Time Schedule For Your Family's Needs

Anyone who has been stopped on suspicion of drunk driving is familiar with alcohol breath tests or “breathalyzers.” These devices are used by the police to determine if a suspect has been drinking. The officer instructs the driver to blow into the device. After a few moments, the device displays a number indicating the driver’s blood alcohol concentration (BAC). Are these devices accurate? Can extraneous factors interfere with the device’s ability to detect intoxication? Can an individual charged with driving under the influence (DUI) avoid conviction if the breath alcohol device results were incorrect?
Factors That Can Interfere with Breath
Continue Reading Are DUI Alcohol Breath Tests Accurate? 

Financial transparency is crucial to the divorce process. Spouses can only divide their shared assets and debts when they fully understand what they own and what they owe. Spousal support and child support calculations require an accurate understanding of each spouse’s income.
If one spouse is not being truthful about his or her income and assets, it can have a major impact on the divorce settlement. The innocent spouse may be ordered to pay more support than he or she can truly afford, or may end up with a smaller share of the marital property.
If you believe your spouse
Continue Reading My Spouse is Lying about Income and Property During Divorce. Now What? 

Although a surprising percentage of people have one or two offenses on their criminal record, having an arrest or criminal charge on your record can still damage your future. Employers and landlords who perform background checks may see an arrest record and refuse to proceed with the candidate. Even if someone is arrested but not convicted of the offense, the simple act of being arrested can cause substantial harm.
Many people falsely believe that they only have a criminal record if they have been convicted of a crime or spent time in jail. Unfortunately, this is not the case. An
Continue Reading Does an Illinois Arrest Show Up On Your Record if You Were Not Convicted? 

Abusive marriages are more common than many people realize. Unfortunately, many domestic violence victims suffer in silence, hoping that their abusive husbands or wives will change their ways. Victims may also stay in abusive marriages because the abuser has convinced the victim that the abuse is somehow his or her fault. Gaslighting, or using psychological manipulation to make a person question his or her perception of reality, is one tactic abusers use to control victims.
If you want to divorce a manipulative, controlling, or abusive spouse, it is important to prepare yourself, understand the tactics used by abusers, and gather
Continue Reading Gaslighting: How Abusers Use Psychological Manipulation to Manipulate Their Spouses 

Automated self-service checkouts are becoming more and more popular. You can find these devices everywhere from grocery stores to gas stations. Using the self-checkout at a store can be convenient, but it also comes with its own set of risks. One of those risks is being accused of shoplifting if you make a mistake while scanning your items.
Many people assume that an innocent mistake cannot lead to criminal charges. However,  it is entirely possible to be accused of retail theft even if you never intended to steal an item. In Illinois, retail theft may be a misdemeanor or
Continue Reading Can You Be Charged with Shoplifting for Accidently Misusing the Self-Checkout?

There is no doubt that social media has become a major part of our lives. Most people have at least one social media account where they document the events and activities they participate in. Facebook alone has more than two billion users and is also cited in one out of every five divorces that occur in this country as it has become a conduit to discover evidence of infidelity and other bad behaviors a spouse may be engaging in.
In addition to having the potential to harm a relationship, social media posts can also be harmful while someone is going
Continue Reading Watch What You Post Online During Your Illinois Divorce