12 Dec What is the actual law for DUIs?
As a DUI attorney it is important to know the criminal elements (or what the prosecution needs to provide) for the charge of Driving Under the Influence.
There are many issues that only an experienced DUI attorney will be able to attack during trial but he first needs to know the elements of the offense. Under DUI law, there are DUIs for alcohol, drugs, or a combination of the two. For all DUIs, a person needs to be driving or in physical control of any vehicle while under the influence of alcohol or drugs. This means you can get a DUI while not actually driving, but even if you are behind the wheel in a parking lot or outside your home.
DUIs involving alcohol
(625 ILCS 5/11-501 (A1) & (A2)), there are two different things an experienced DUI attorney must address. First (A1), is when a driver provides a breath or urine or blood sample that shows that the driver’s blood alcohol content (BAC) was over the legal limit of .08 BAC. This can be proven through a breath or urine sample or a blood draw at a hospital. An experienced DUI defense attorney knows how to expose inaccuracies and errors in this seemingly foolproof scientific evidence. Second (A2), is when the police believe that the driver is simply under the influence of alcohol. Yes, hypothetically, one drink can have you arrested for DUI under Illinois Criminal Law.
There are a couple of statutes regarding DUIs involving drugs or intoxicating compounds, (625 ILCS 5/11-501 (A3) (A4) (A6)). A driver needs to be under the influence of any drug or intoxicating compound that renders the person incapable of driving safely. While the law has changed recently regarding medical marijuana (or possible future changes with recreational use), you do not necessarily get a free pass because you have a medical marijuana card. These are issues an experienced DUI attorney will investigate to make sure your rights are protected.
Finally, DUIs regarding the combination of both alcohol and drugs or intoxicating compounds are governed by an additional statute, (625 ILCS 5/11-501 (A5). A driver needs to be influenced by the combination of alcohol and drugs or intoxicating compounds to the degree that renders the driver incapable of safely driving.
Hire An Experienced Attorney
No matter what type of DUI you are charged with, you need an experienced DUI attorney who will fight for you and make sure your rights are protected. Contact me today!