Recent Blog Posts
What Are Illinois DUI Tests Such as the One Leg Stand?
The One Leg Stand (OLS) test is a standardized field sobriety test that is administered to detect impairment when a police officer suspects a driver of DUI. The test comes out of studies under the National Highway Traffic Safety Administration (NHTSA). There are four possible clues the officer will look for: did the suspect (1) sway, (2) put his foot down, (3) use his arms to balance, and/or (4) hop. Any one of these clues, when combined with the Walk and Turn test, indicates impairment.
OLS is another "divided attention" test. These tests are used to see if you can do two things at once. For example, are you able to keep your balance while listening to instructions? Are you able to remember instructions after concentrating on your balance? Studies have shown people have a hard time doing two things at the same time while under the influence.
What is the Step, Walk, and Turn Test When Pulled Over for DUI?
If you are stopped by a police officer on suspicion of DUI, they may ask you to take a number of field sobriety tests. While you have the right to decline field sobriety tests, many motorists perform them because they mistakenly feel they can perform them well, or they take them because they equally mistakenly believe that they cannot refuse them and must perform them simply because the officer or officers asked. One of these standard tests is the “Step, Walk and Turn.”
This test should not be given to persons 65 years of age or older or persons with back, leg, or middle ear problems, and anyone with heels greater than two inches should be offered the opportunity to take the test without shoes with high heels. Please understand this is not gender specific and applies equally to ladies with high heels ready for a night on the town surely as it does to a man with high heeled cowboy boots or ropers.
What Is the Horizontal Gaze Nystagmus Test in a DUI Traffic Stop?
The Horizontal Gaze Nystagmus (HGN) Test is an eye test done by a police officer on someone suspected of DUI. Nystagmus is an involuntary jerking of the eye. A federal government agency called the National Highway Traffic Safety Administration (NHTSA) developed the rules and procedures for “standardized” field sobriety testing. The HGN Test is typically the first standardized field sobriety test given by a police officer to someone suspected of a DUI.
Before beginning the test, police officers will look for several things to see if the test can even be performed. A police officer will first give instructions to a person to follow a stimulus (pen, finger, small light) with their eyes and to not move their head. The first thing police officers check for is equal tracking. Equal tracking means both eyes move the same direction together. Next, the officer will see if the person’s pupil sizes are the same.
What Can I Expect When Arrested For My 6th DUI?
If you are arrested for DUI in Illinois for the 6th time in your life, you can expect to face serious criminal consequences, including:
DUI #6 is a Class X Felony, punishable by:
- 6-30 years in prison served at 85% of the sentence imposed
- Probation or conditional discharge may not be imposed
- A $1,000 DUI Technology Fee
- A $50 Roadside Memorial Fund Fee
- Fines of up to $25,000
- DASA Counseling and Victim Impact Panel
- If your Blood Alcohol Concentration (BAC) was at least .16, the mandatory minimum fine is $5,000
- If you had a child passenger under the age of 16 in your care, the mandatory minimum fine is $25,000 AND you must serve a mandatory 25 days of community service in a program that benefits children
- If Great Bodily Harm, disfigurement, or disability occurred, DUI is still a Class X Felony, and it can be punished by at least 480 hours of community service up to 1-12 years in prison, and you will be required to serve at least 85% of the sentence
What Are My Options When Facing a 5th DUI?
There are many ways to fight a 5th DUI. At this stage, the facts are much more favorable for the defendant. I say this because most offenders have learned NOT to consent to testing, or they have minimized the evidence the police may have. This already puts you at a legal advantage. So it is now more important than ever to get a good criminal defense lawyer who handles felony DUIs.
There are always two sides to every DUI – a civil and criminal side. While the civil portion stays relatively the same as a second offense, the criminal portion now becomes much more serious, as you are facing mandatory prison time.
First, it is important to note that it does not matter how old your prior DUIs are. The state of Illinois looks back over your entire lifetime. So, for example, if your last four DUIs were in the 80s and even from another state, Illinois counts them the same as if they happened just five years ago and took place in Illinois.
So You Have Been Arrested For Alleged Drunk Driving For the Fourth Time in Your Life...
If you are facing drunk driving charges, and you have previous DUI arrests, you are probably overwhelmed with the thoughts about what will happen to you. Am I going to the county jail, or is it the Illinois Department of Corrections for me this time? Will I ever be able to drive a car again in my lifetime? Will I ever regain my sobriety?
The first step you should take is to consult with Ramsell & Kunowski, L.L.C., LLC. Do not obsess over “what ifs” or try to figure out your options through a Google search. What you are dealing with is a felony, not a misdemeanor, and things will seem more intimidating, by design. The judge will be more experienced, and the prosecution team will be the best available.
At a free, no-obligation consultation with our attorneys, we will answer your most likely panicked questions and address your concerns, helping you focus productively on your defense. Our clients have told us that they began to feel much less anxiety and became more confident about their options after speaking to Ramsell & Kunowski, L.L.C..
What Happens When I Get My 3rd DUI in Illinois?
Generally, if a person is arrested for a DUI in Illinois for the third time in their lifetime, they can expect the following:
DUI #3 is a Class 2 Felony, punishable by:
- 3-7 years in prison
- Probation up to 48 months
- Mandatory minimum 10 days in jail or 480 hours of community service
- DUI Technology Fee of $1,000
- $50 Roadside Memorial Fund Fee
- Up to $25,000 in fines
- If the Blood Alcohol Concentration in someone’s breath or blood is .16 or more, mandatory 90 days jail AND mandatory minimum fine of $2,500
- If there was a passenger in the vehicle under 16 years old, mandatory minimum fine of $25,000 AND mandatory 25 days of community service in a program benefiting children
- If the DUI involved great bodily harm, disability, or disfigurement, it is still a Class 2 Felony, from 480 hours of community service to 1-12 years in prison for which 85% of the sentence must be served.
What to Expect When Arrested For Your Second DUI
So you were arrested for your second DUI. Unfortunately, things change dramatically from your first DUI. Now, more than ever, You will need a skilled and component DUI attorney not only to navigate you through the complexity, but to save your driver’s license from being revoked and from going to jail. A good lawyer can often get both accomplished.
Similar to your first, there is still a civil side and a criminal side. We will discuss both briefly.
The Civil Side of a DUI – The Statutory Summary Suspension
If you refused all testing (i.e., breath, blood, and/or urine), then you are facing a 12-month suspension of your driver's license that is scheduled to start on the 46th day from your arrest. If you submitted to chemical testing and it came back with an illegal substance or a blood alcohol amount above .08, then your license is scheduled to be suspended for six months. In either circumstance, you are eligible to receive a BAIID, which will allow you to drive during your suspension.
What Happens When I Get My First DUI in Illinois?
If you have been arrested for DUI, you probably have a million thoughts racing through your mind. Will I go to jail? Can I ever drive a car again? Will this be a permanent black mark on my history?
The first thing you should do is consult with, at no cost or obligation, Ramsell & Kunowski, L.L.C., LLC. Don’t scare yourself to death with “what ifs” or your ideas about what the law may be from a Google search.
Also, do not settle for "Johnny come lately" lawyers that only occasionally handle DUI defense matters. Mr. Ramsell pioneered and popularized the concept of a DUI defense attorney in the 1980s and has literally even written the scholarly book most judges, prosecutors, and other defense attorneys rely upon as the most up to date statement of Illinois DUI law.
At your no cost, no obligation attorney consultation, we can answer your questions and concerns and focus your thoughts productively. Most clients say they started feeling much less nervous and more confident after Ramsell & Kunowski, L.L.C. became their attorneys of record.
