All U.S. states have some variation of an implied consent law, which means you automatically agree to consent to a blood alcohol concentration (BAC) test for drunk driving when you get your driver’s license. Under Illinois’ implied consent statute, you face harsh punishment if you refuse a breathalyzer or other type of chemical test. A first offense means an automatic driver’s license suspension for one year. Additional refusals can lead to a suspension of your driving privileges for up to...

You are probably aware that Driving Under the Influence of Alcohol (DUI) is a crime in Illinois and can affect your driving privileges. However, you may not know that a DUI can actually be a felony under certain circumstances. The statute defines the crime as “aggravated” DUI and, as compared to a misdemeanor, the fines are higher, the jail sentence may be longer, and your driver’s license can be suspended for an extended period of time. You should discuss your...

The holiday season brings snow, ice, and other wintry conditions to drivers in Illinois, but this time of year is notable for another reason: Police in Cook, Lake, DuPage, McHenry, and surrounding counties set up more sobriety checkpoints to catch motorists who violate state law by driving under the influence of alcohol. Law enforcement officers know that it is common for drivers to drink more than usual as they celebrate the holidays. These DUI roadblocks have drawn fire in the...

Illinois drunk driving laws are strict as they apply to all motorists, but there are even harsher penalties involved when a Commercial Driver’s License (CDL) holder is convicted of DUI. Truck operators are held to a higher standard, mainly because of the catastrophic damage they can cause if impairment leads to an accident. Beyond potential jail time, fines, and a license suspension, a professional driver’s livelihood is on the line when he or she cannot drive. Every day off the...

The holiday season is upon us, which means navigating the child visitation schedule for Illinois parents who live apart. Though Illinois law on allocation of parental responsibilities uses the term ‘parenting time,’ many of the traditional concepts of visitation apply, and many of the same challenges arise this time of year. Your situation will bring about many questions, and only a knowledgeable child custody and visitation attorney can provide the answers customized for your particular circumstances. However, some answers to...

Under the Fifth Amendment of the U.S. Constitution and Section 10 of the Illinois Bill of Rights, you cannot be ordered to provide evidence against yourself in a criminal case. Your right to remain silent prevents police from forcing you to answer questions or make statements that incriminate you. However, the situation is different before you are arrested for criminal charges, when law enforcement may be investigating you to gather evidence. You still have constitutional rights, and it is essential...

You may read about self-defense laws in high-profile cases, but the news does not always paint a complete picture of these complex laws. When you are forced to claim self-defense in an Illinois criminal case, it is usually because you stand accused of a violent crime. For this reason, it is critical to understand how self-defense laws work and to have a skilled criminal defense attorney representing you. The following are some common questions we receive regarding self-defense laws. What...

Few spouses actually look forward to going through the Illinois divorce process, but there are reasons you may want to get started as soon as possible. There are a number of advantages to getting divorced before the end of 2018, but you can only reap the benefits if you file for divorce and conclude the case by December 31, 2018. An experienced Illinois divorce attorney can tell you how these benefits may apply to your situation, but an overview may...

Illinois law on aggravated battery charges is tough, and you may face charges for acts you did not realize were criminal in nature. Maybe you were home from college and out celebrating with friends, and you got into a little push-and-shove incident at a bar. Perhaps you reacted violently to an insult or used poor judgment in an encounter with a police officer. Even if there was no gun involved in the scuffle, a conviction in an aggravated battery case...

Illinois’ recent move to legalize marijuana for medical purposes was greeted with applause by those who suffer from certain debilitating conditions. According to the Chicago Tribune, the statute goes a long way to making marijuana easier to apply for and obtain as an alternative form of pain relief. However, the situation raises new questions about how far police can go when conducting vehicle searches. Some general information may be useful, but you should discuss your specific circumstances with an experienced...

The Illinois Domestic Violence Act allows certain individuals to seek an order of protection when faced with domestic battery or abuse, but there are different types available for different situations. If you were accused of violence, you may be confused about these orders and how the process works. You will definitely be concerned about how it affects your rights, especially when the matter involves a criminal order of protection in Illinois. Some answers to frequently asked questions may help. What...

Being charged with domestic battery in Illinois is a tough situation, but it is even more difficult when you are also involved in a divorce case. The allegations can have an impact on the divorce process if an order of protection is issued against you. A restraining order can affect your living arrangements and relationships with your children. Plus, some domestic battery cases can even proceed through an entirely different court process. Your interests as a party to a divorce...

There are two legal considerations when you are arrested for DUI in Illinois, one of which is criminal in nature. The other affects your driving privileges, since state law provides for a statutory summary suspension of your driver’s license on the 46th day after your arrest. The length of the suspension depends on any prior history of drunk driving, your blood alcohol concentration (BAC), and whether you refused to take a chemical test. Though the statutory summary suspension is automatic,...

Being charged with domestic battery in Illinois is a serious matter, but it is always important to remember that you are entitled to your day in court. Even when an accuser gets an order of protection against you, this is not the same as a conviction. You do have the right to present a defense, especially when facing exaggerated or false allegations. Your best strategy for fighting the charges is to retain an experienced domestic battery defense attorney, but some...

If you are arrested for DUI in Illinois, you may encounter a lot of chaos and confusion. You may not understand where you are in the process, what your rights are, and how you should react at different stages along the way. Though every case is different, there are certain common elements to expect. The chronology of a DUI case is subject to strict rules, starting from the moment you were pulled over to the final findings and sentencing. Retaining...