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Crystal Lake IL DUI defense attorneyGood citizens are everywhere, and they are called that because they are generally “good.” Their behaviors mean no harm but only to help the community or someone in need. Some are inclined to notify law enforcement when they witness what they believe to be a crime, and anonymous tips from these individuals pour into police stations regularly. A significant portion of these tips is from drivers or passengers on the roadway reporting someone who appears to be driving under the influence (DUI) of alcohol or drugs.

What Do the Police Do With This Information?

If a tipster calls 911 to report an emergency, such as a drunk driver on the road, the operator will immediately begin to attempt to get as much information out of the informant as possible. The 911 center keeps a record of the call and can call the number back to obtain more information. This information alone is enough for police to stop a vehicle or driver matching the tipster’s description so that the officer can ask questions and gather more information.

Can an Officer Make an Arrest?

According to the Fourth Amendment to the U.S. Constitution, an officer must have probable cause before making an arrest. One source of probable cause is an officer or an informant witnessing the suspicious behavior firsthand. Anonymous tips alone are not always sufficient to establish probable cause, as it can be difficult to determine the credibility of the source. For example, an anonymous informant may have a personal vendetta against the suspect, motivating them to make a false accusation.

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Proposed Illinois Law Would Strengthen Driver's License Suspension After DUI ArrestThe Illinois House of Representatives approved a bill that would create an additional requirement for rescinding a statutory summary suspension following an arrest for driving under the influence of alcohol or drugs. The law would require a court to provide the Illinois Secretary of State’s office with a factual reason for the decision before the office will comply with an order to rescind the driver’s license suspension. The bill still must receive approval from the Illinois Senate and governor before it becomes a law.

Statutory Summary Suspension

The Secretary of State can take civil action against a DUI suspect before a criminal trial by issuing a statutory summary suspension or revocation of the suspect’s driver’s license. The suspension applies to people arrested for DUI who either refused the blood alcohol concentration test or had test results that showed that their BAC was over the legal limit. The suspension begins 46 days after the suspect receives a notice of summary suspension. The duration varies, depending on the circumstances:

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Posted on in Criminal Law

DUI conviction, breath tests, McHenry County DUI attorney Breath testing devices play a critical role in DUI convictions and enforcement for the modern police officer. Small hand-held devices can provide indications of intoxication, and larger, more sophisticated ones can provide BAC levels that prosecutors can use as evidence in court.

Yet for all the people who worry about being forced to take a breath test during a traffic stop, most people do not understand how the devices work. Even more importantly, few people realize how inaccurate they can actually be, and what sorts of factors can throw off a breath test.

The Different Types of Breath Tests

There are three major types of breath tests, which operate on similar principles. Each measures the alcohol content in a person's lungs, which is itself a function of the amount of alcohol in a person's blood. However, they all measure differently.

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DUI, DUI arrests, DUI case, DUI charges, mandatory license loss, McHenry County criminal defense lawyer, reduce criminal chargesDUI charges are often considered some of the most severe traffic offenses encountered. Illinois law takes these offenses particularly seriously, and reading the statute related to DUI charges can give the impression that many of the DUI penalties are automatic and are not subject to the discretion of the judge or the state's prosecutor.

However, a recent study by the Chicago Tribune highlighted the fact that this is not always the case. The study demonstrated how effective defense attorneys can help those facing DUI charges to avoid the mark on their record and the mandatory license loss, in some circumstances, by helping inject discretion and leniency back into a draconian system.

The Study's Results

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