Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here DUI Penalties In Illinois »
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- Laws requirement for suspected DUI drivers to concede to breath, blood, or urine testing for alcohol content are known as “implied consent laws”. Refusal carries penalties including compulsory suspension of a driving license up to a year.
Blood Alcohol Concentration (BAC)
Any driver with blood alcohol level above 0.08 percent will be considered “per se intoxicated” under the Illinois’s law. According to this legislation only this proof is required for a driver to be convicted of Driving Under the Influence (DUI) or Driving While Intoxicated (DWI).
Zero Tolerance Blood Alcohol Concentration
All of states “zero tolerance laws” mainly focus on drivers not of legal drinking age. Person under 21 years of age in Illinois operating any motor vehicle with blood alcohol level of 0.02 percent will be subject to DUI penalties.
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Police Charged Henry County sheriff’s deputy with DWI »
Authorities said on Wednesday that a Henry County sheriff’s deputy whose pickup truck slammed into a New Castle home on Sept. 24. was drunk at the time when the accident took place.
Charges against Guadalupe Wally Trevino
On Wednesday, Guadalupe Wally Trevino, 40, Spiceland, was charged in Henry Superior Court 2 with misdemeanor counts of DWI, public intoxication and criminal recklessness.
According to reports, Trevino was off duty and he was driving a privately owned vehicle when he struck the house in the 700 block of Broad Street.
Trevino’s blood-alcohol content
As elaborated in the court documents, soon after the accident Trevino’s blood-alcohol content was measured at 0.2%.
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Police Charged Justice with aggravated DWI »
Pawling – A village justice has been charged with DWI by the police. Since he was driving with a blood-alcohol content above 0.18% following a rear-end collision on Route 22 on Thanksgiving Day.
Robert Apple, 54, was charged with aggravated DWI following a violation.
Justice’s Blood Alcohol Level
Lt. John Watterson of the Dutchess County Sheriff’s Office said that generally the aggravated DWI charge applies to those who are accused of driving with a blood-alcohol content greater than 0.18%.
No injuries reported
The accident took place about 2 p.m. near the intersection of East Main Street in the Village of Pawling.
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Police Make Arrest in Fatal Crash that Claimed Five Lives »
The police of Louisiana State have made an arrest following a horrific traffic crash that occurred last Friday morning, killing an entire family of five.
Dewayne Leggett, the suspect who killed the entire family was tested for BAC. It was found that he had a blood alcohol content around .18 percent, which is more than double the legal limit. After the warrant was signed, Leggett was arrested and taken into the East Baton Rouge Parish Prison on amended charges of 5 counts vehicular homicide and DWI.
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Man gets prison in 2 DUI wrecks »
On Friday a Tucson man has been sentenced to 10 years in prison for a couple of alcohol-related hit-and-run crashes, one of the two crashes has sent a woman to the hospital and she has suffered from life-threatening injuries.
It has been shown by the court records that Last month Eric David Marrufo, 29, has been pleaded guilty to two counts of aggravated DUI and one count of aggravated assault that arises from accidents in July 2008 and March 2009.
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Maryland Man Gets 5th DUI »
A Maryland man who has already have four drunken-driving convictions is now facing DUI charges for the 5th time after Delaware State Police say he was stopped as he was driving more than 100 mph on Interstate 495.
On early Monday, a trooper has stopped 33-year-old Christopher Kendall of Chesapeake City, Md.,in Claymont after it has been said by the police that his Nissan Pathfinder have been swerving and speeding at nearly 102 mph in a 60 mph zone.
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How do I know the blood they tested was mine? »
Let me tell you about a case that I have handled. I had a young client, I’ll call him "John", who had been arrested for drunk driving by the Los Angeles Police Department and they had drawn a blood sample from his arm. He repeatedly told me that he was innocent, and I believed him.
Problem: The sample that was drawn from his arm had the blood alcohol content of .15% which is almost twice the drunk driving limit.
Now what?
At that time I obtained a portion of the sample from the LAPD crime lab and then I sent it to a private lab that I use for reanalyzing blood of all my DUI clients. It waqs reported by the lab that the blood alcohol level was .13% though it was lower, but it was still much higher than to be under .08%. As I requested them so they also tested for preservative and anticoagulant (either fermentation or coagulation can raise the alcohol level in the sample), but they found everything in order. John still insisted that he was not driving under the influence of alcohol.
The only other possibility in this case was a faulty "chain of custody". Explaining this in other words, LAPD lab got the vial mixed up and someone else’s blood was tested by them. So I had the sample blood-typed to find out if it was that of another arrestee.
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DUI homicide charges filed in crash death »
The police officers have charged an Enola man with homicide by vehicle while DUI after that he had a crash on Sunday as a result of which a 22-year-old Stuart Antonio Bingham Jr. of Mechanicsburg has been killed.
It has been said by East Pennsboro Township police on Monday that Richard Jones, 52, of the 100 block of South Enola Drive, had been driving on only a front rim when he had ran a red light and his vehicle struck Bingham’s.
It has been said by Lt. Mark Green that the Forensic tests have not yet been finished but debris and some run-over mailboxes have been found by investigators along Valley Street and it has been believed by them that Jones hit them before heading out on Wertzville Road.
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FAQs About Drunk Driving »
Here I have tried to give the answers to some frequently asked questions about drunk driving. After reading that you might understand few aspects of drunk driving.
How High the drunk level should someone possess before he can be convicted of driving under the influence?
To drive a car while a person is “impaired” by the effects of alcohol or drugs also including prescription drugs is considered to be illegal. What it means is that there must be enough alcohol or drugs in the body of driver which would have been preventing him from thinking clearly or driving safely.
This level is reached by many people well before they’d be considered “drunk” or “stoned.” In all states, a person is considered to be guilty of a DUI (driving under the influence) or DWI (driving while intoxicated) who has a blood alcohol content (BAC) level of .08% or above.
In spite of all the facts, in almost all states drivers under the age of 21 are considered to be driving under the influence of alcohol if they are having their BAC at or greater than .01% or .02%, depending on the state.
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DUI Defense Strategies: Errors of DUI Investigation »
In this article we have described few probable errors of DUI Investigation such as Blood Test Errors, errors in Probable Cause Arguments,Procedural and Administrative Errors.
Blood Test Errors
Blood tests are generally more accurate. The reasons of errors in blood test are flaws of their own.
Below we have given a list of these errors:
• Test is not administered properly.
• The test is contaminated, such as by swabbing the skin with alcohol.
• The time between the sample drawn and its analysis the alcohol may be formed in the sample by fermentation.
• There could be a mix up in samples that have resulted in a wrong blood sample being analyzed.
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