A DUI Arrest in Madison County Requires an Experienced Defense Attorney
- Will a DUI conviction ruin my chances of ever getting a job again?
- What are my friends and family going to think?
- Am I going to lose my license? How am I going to drive to work or school?
- I’ve already been convicted of DUI before—am I going to go to jail?
Your reaction is only natural. DUI offenses are not taken lightly in Illinois and it is in your best interest to get an experienced DUI defense attorney on your side as soon as possible. At Polinske & Associates, we have defended thousands of drivers against drunk driving charges and have a reputation for securing successful outcomes for our clients. We meticulously investigate all of the evidence, making sure that the law enforcement officials involved did not violate the law and that the prosecution proves their case beyond a reasonable doubt.
If you were arrested for DUI in the Edwardsville area, or you’re trying to help a loved one who is facing a DUI conviction, call Polinske & Associates immediately at 888-379-6582 for a free initial consultation.
Legal Blood Alcohol Content Levels in Illinois May Surprise You
In Illinois, driving under the influence (DUI) is defined as operating a motor vehicle while impaired by alcohol, other drugs including cannabis (marijuana) prescribed for medical purposes, or intoxicating compounds and methamphetamine. Prescription medications are more and more frequently the bases of a DUI.
It’s widely known throughout the state that .08 percent is the legal limit for a driver’s blood-alcohol content (BAC); however, few realize the .08 threshold does not apply to everyone. Here are how the Illinois BAC limits break down:
- Drivers under the age of 21: 0.00
- School bus drivers: 0.00
- Commercial driver’s license holders: .04
- Other driver age 21 and over: .08
We Are Able to Obtain Dismissal of the Charge and Suspension in Many DUI Cases
The misunderstanding about legal blood alcohol limits is most common among college students, like those at Southern Illinois University at Edwardsville. Drivers may agree to a chemical test because they know their BAC is under .08, but they don’t realize that if they are under 21, they cannot legally have any alcohol in their system. That means even one beer could result in a DUI arrest for an SIUE student.
A helpful piece of information is located at the Secretary of State’s website.
http://www.cyberdriveillinois.com/departments/drivers/traffic_safety/DUI/home.html
http://www.cyberdriveillinois.com/publications/pdf_publications/dsd_a245.pdf
And reinstatement information from the Secretary of State
http://www.cyberdriveillinois.com/publications/pdf_publications/dsd_dc88.pdf
Can Medical Marijuana Get You a DUI?
The use of cannabis for medicinal purposes is now legal in Illinois, but that doesn’t mean you can drive under the influence. Even if you are officially authorized and registered with the Illinois Department of Public Health, you still may not operate a motor vehicle while under the influence of cannabis; it is also illegal to transport medicinal cannabis in a vehicle unless it is in a tamper-evident container and kept in an area that is inaccessible while the vehicle is in motion. If you are caught while driving under the influence of marijuana, you could have your medical cannabis card revoked. Furthermore, if your THC concentration is above 5 nanograms you can be convicted of DUI, even with a prescription.
STANDARDIZED TESTS ADMINISTERED IN THE FIELD ARE SUBJECT TO VARIOUS AGE/PHYSICAL CONDITIONS
Although the NHTSA manual instructs officers that those over 65 years of age may not perform well on the field tests, there are actually other restrictions to an officer’s ability to administer the field tests as probative evidence of intoxication. The following conditions may also affect one’s performance while conducting the standardized field tests. 1. Suitable environment; 2. Suitable motorist (health, nervousness); 3. instructed properly; and 4. Interpreted properly. Keep in mind that the standardized field tests assume that everyone is capable of successfully completing the tests. This is not always the case. Various physical and mental health factors, aside from one’s age, all can contribute to a person not being a suitable candidate for field testing. There is documented statistics that prove when a person reaches the age of 40 their ability to sucessfully complete field testing dramatically drops. A person who has not yet reached 40 years of age may be able to pass the tests 80% of the time (with no alcohol consumed) and a 40 or older participant may be able to pass the tests 20% of the time (with no alcohol consumed). These statistics prove that the field tests are geared for failure in subjects 40 years and older. These issues must be raised during negotiations with the state when discussing resolution of a client’s DUI case.
DUI Defense With a Winning Reputation
A DUI can wreak havoc on your life, but an experienced DUI defense attorney like Brian Polinske knows how to minimize that damage. At Polinske & Associates, we can explain your legal rights and your options, regardless of how many DUI convictions you may already have. We aren’t here to judge you; we’re here to help you. My track record is very good. I have not lost a DUI trial. I have had two come back hung. Relying upon my experience and the facts of each individual case allows me to determine the best path to resolve the charge. If you are a repeat offender and the evidence seems 50% or better in your favor, it makes sense to push the case to a trial. Sometimes the State will give in and amend the charge to something other than a DUI. That way you can prevent your driver’s license from being revoked. If the State refuses to do so a trial may be the best option. The State knows that I will not hesitate to try a case. This reputation allows me to obtain the best results on each client’s case.
Do not wait to seek legal assistance following your DUI arrest. Your first consultation with Polinske & Associates is completely free, so you have nothing to lose by meeting with us to learn about what your next steps need to be. Call us today at 888-379-6582.