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Breath tests like breathalyzers are used by law enforcement to estimate a driver’s blood alcohol content. Refusing to submit to field sobriety or chemical testing when you are suspected of driving under the influence of alcohol (DUI) carries administrative consequences, including a one-year license suspension. Some people would be willing to lose their license for a year if it means getting out of a DUI. Unfortunately, however, you can still be charged with – and convicted of – DUI without ever going through any formal testing. Other forms of evidence can still be used to prove that you were intoxicated.
Continue Reading Can I Still Get a DUI if I Refused Testing?

Being falsely accused of a criminal offense is horrifying. You have done your best to lead a law-abiding life, but for some reason, that is not enough, and you are now under suspicion anyway. There are a number of reasons you may have been accused of something you did not do, ranging from mistaken identity to a malicious lie. False accusations of domestic violence and similar crimes are strikingly common, especially when a couple goes through a rough divorce or break-up. Immediately contacting a criminal defense attorney as soon as you learn that you are under suspicion may give you
Continue Reading How to Handle a False Accusation

You complied with a breathalyzer test after being pulled over, and it showed that you were over .08. Now you are facing DUI charges and it feels as if you have no hope of avoiding a conviction. This situation may feel insurmountable, but it is not. Even if you failed a breathalyzer, there are still ways an experienced attorney can defend you. Successfully challenging the results of a breath test is not only possible, it is one of the most common DUI defense strategies. Like other medical testing equipment, breathalyzers are sensitive devices that must be used correctly to produce
Continue Reading Could I Beat a DUI Charge After Failing a Breathalyzer?

Having any criminal record at all can have a serious impact on your life. Even if your conviction was relatively minor and happened a long time ago, you may feel as if it is still following you. Every time you apply for a job, or a lease, or a school, you may have to answer uncomfortable questions or face outright rejection. You served your sentence and have stayed out of trouble sense – but it probably feels like you are still being punished. Fortunately, Illinois courts may allow what is called “expungement,” meaning they essentially erase the charge
Continue Reading Can My Illinois Conviction Be Expunged?

Make no mistake – even a first DUI is serious business in Illinois. But a second, third, or subsequent DUI is even more so. On a first DUI, some defendants are able to take a plea deal and complete a period of court supervision to avoid a finding of guilt and harsh criminal penalties. This is no longer an option after the first DUI – this time, you would be facing a conviction, a criminal record, and potentially harsh penalties. If you have been charged with a DUI, and it is not the first time, it is critical that you
Continue Reading What Happens if I Get Another DUI in Illinois?

In Illinois, after you have plead guilty to a crime or been convicted at trial, what is known as the sentencing phase of your case begins. During sentencing, the court will look over the facts and circumstances surrounding your crime and decide what sentence is appropriate. “Mitigating factors” are circumstances that suggest a crime was not as serious as the charge implies or a harsh sentence is not warranted.  When successfully argued, these factors may lead to a lighter sentence. If you are facing felony or misdemeanor charges, it is important that you work with an experienced attorney who
Continue Reading What Are Mitigating Factors in Illinois Crimes? 

In Illinois, once you have plead guilty to or been convicted of a crime, the case moves into the sentencing phase. During the sentencing phase, the prosecution will have the opportunity to present what are called “aggravating factors.” Aggravating factors are circumstances that make the crime more serious and may cause a judge to issue a harsher sentence. If you are facing the possibility of a felony or misdemeanor conviction where aggravating factors may be present, you will need an experienced attorney to give you the best chance at avoiding harsh sentencing. 
Examples of Aggravating Factors 
For each criminal charge,
Continue Reading What Are Aggravating Factors in Illinois Crimes?

Getting pulled over by Illinois state or local police can be a scary and unpleasant experience, and this is especially true if an officer suspects you of driving under the influence. It can be difficult in the heat of the moment to remember or understand your rights, and you may reasonably wonder: Can I refuse a breathalyzer or sobriety test if I’ve been pulled over? 
What is Implied Consent? 
Different states have different laws addressing requirements and consequences for people suspected of driving under the influence. Illinois is called an “implied consent” state, which means that when you got
Continue Reading Can I Refuse to Submit to a DUI Breathalyzer Test in Illinois? 

Being able to drive is one of the most important privileges we use every day. Getting to work, taking kids to school, and buying groceries all rely on the use of a car. Losing the ability to drive because of a driver’s license suspension or revocation can be annoying at best, and financially crippling at worst. 
Although a driver’s license suspension and a revocation may seem similar, they are two different penalties and result in different consequences. This article looks at the difference between a suspension and a revocation, but your attorney is the best source for answers to your
Continue Reading Is Getting a Driver’s License Suspended and Revoked the Same Thing? 

People driving under the influence of drugs or alcohol cause a disproportionate percentage of road accidents every year. Although many of these car crashes involve only the intoxicated driver and their vehicle, sometimes other drivers and passengers are injured or killed as well. When an intoxicated driver hurts or kills another person, the charges for driving under the influence are increased and a conviction can result in severe consequences that could impact the driver for the rest of his or her life. 
This article examines the likely consequences of various types of harm caused by an intoxicated driver in Illinois.
Continue Reading What are the Charges for Illinois DUIs Resulting in Death or Injury?

Sex crime convictions are among the most serious and long-lasting convictions in Illinois criminal law. Convictions for some sex crimes carry the life-long labels of “felon” or “sex offender.”Registered sex offenders have strict limitations on where they can live and work and other behavioral restrictions based on their conviction. If you have been accused of a sex crime, it is crucial to get legal representation immediately and understand what happens if you are convicted. 
Will I Have to Register as a Sex Offender? 
Illinois requires persons convicted of many sex-related crimes to register as sex offenders. Some examples of crimes
Continue Reading What Happens if I Am Convicted of a Sex Crime in Illinois? 

In Illinois, police and prosecutors are very careful before they label a crime a home invasion. Part of the reason is invading a person’s home is one of the worst crimes you could commit and therefore, it has some of the harshest penalties. Another reason is that “home invasion” has a very specific definition and multiple elements. So, what is a home invasion?
Home Invasion Under Illinois Law
A home invasion is similar to a burglary in that you enter a person’s home without authorization but that is where the crime begins to deviate. Unlike a burglary, a home
Continue Reading What Is Home Invasion?

Sometimes, the terms assault and battery are used interchangeably. People use both terms to refer to a physical attack of some kind. However, in Illinois, assault and battery are different offenses with different legal definitions. These offenses also have much different punishments. So, what is the difference between assault and battery in Illinois?
Assault Laws in Illinois
To assault someone in Illinois means you put a person into a position to think or feel that they are about to receive a battery. For example, if you threaten to punch someone and cock your fist back in preparation for throwing a
Continue Reading What’s the Difference Between Assault and Battery?

Since Illinois legalized recreational cannabis on Jan. 1, 2020, the industry has been booming. In fact, the state earned approximately $52 million in tax revenue in the first six months. Since then, more than 50 marijuana recreational and medicinal dispensaries have popped up across the state. The Illinois Cannabis Regulation and Tax Act is still a relatively new law that some people may find confusing. If you live in Illinois, it is important to know the laws regarding the purchase, use, and transportation of marijuana. Violating cannabis-related laws can lead to drug charges
Cannabis Laws in Illinois
In some
Continue Reading Is It Legal To Transport Marijuana In Your Car In Illinois?

With the new school year just around the corner, police will be on the lookout for speeders and other dangerous behavior on the roadway. It is not only a way to keep school zones safe, but also a way to raise awareness of traffic laws in general. Perhaps, one of the most common traffic violations you may encounter is speeding. The consequences of speeding in a school zone can be particularly harsh.
Speeding In A School Zone
Under Illinois law, you could be ticketed for driving faster than 20 miles per hour through a school zone during a school day.
Continue Reading What Are The Consequences Of Speeding In A School Zone?

If you have been charged with sexual assault, you are likely dealing with a lot of stress and anxiety. These charges and the effect they can have on your freedom and future can be frightening. Sexual assault carries severe penalties in Illinois. A first-time offender faces a Class 1 felony offense, which is punishable with a prison term of four to 15 years. Those with a prior sexual assault conviction will face a Class X felony, which carries between six and 30 years in prison. Getting convicted of this crime can also have a detrimental effect on your professional
Continue Reading What Should I Do if I Was Accused of Sexual Assault?