Articles Posted in Criminal Defense

The U.S. Immigration and Nationality Act requires that applicants meet a ‘good moral character’ standard that is defined as ‘adherence to generally accepted moral standards of the community’. Until October 25, 2019, DUI was not used as the basis for a finding that an applicant was not of good moral character and, generally, did not carry any immigration consequences. Now, under a new directive from the U.S. Attorney General, evidence of two or more DUI convictions establishes a presumption that the non-citizen is not of good moral character and immigration relief may be denied.

Evidence of rehabilitation after the DUI arrests is not enough to challenge the presumption that the non-citizen is not of good moral character. Evidence would need to be presented that the non-citizen sustained good moral character throughout the relevant look-back period, including at the time of the arrests.

Crimes of Moral Turpitude & Consequences

While the vast majority of offenses for driving under the influence of alcohol or drugs (DUI) are filed and heard in state courts, DUI may also be charged as a federal offense. Most commonly, federal DUI charges arise in situations where the offender is stopped on the property of a federal military installation, national park, national monument, post office or on other federal property.

DUI on National Park Service land

If the DUI occurred on land controlled by the National Park Service, the DUI may be prosecuted as a Class B misdemeanor punishable by up to 6 months of incarceration, a $5,000.00 fine and 5-years of probation. Additionally, a refusal of testing is considered a criminal offense with the punishment of up to one-year incarceration, a fine, and the suspension of driving privileges on federal land or property for a period of up to one-year.

Clients seeking help with a DUI or another serious traffic matter often tell us that their vehicle was seized by the police at the time of their arrest and want to know whether they can get it back.

When can the police seize and forfeit a vehicle?

Illinois law provides for the seizure and forfeiture of vehicles in the case of certain offenses including:

The Davis Law Group, P.C. is a Cook County based law firm that focuses on criminal law and DUI defense. The key to our successful client representation is a combination of an in-depth knowledge of the Illinois law and our skilled approach to negotiation and litigation of our clients’ cases in court. We combine this knowledge with a custom approach and strategy for each case, which allows us to reach the most favorable outcome for the clients that we represent.

DUI Defense Case Study – Bridgeview Courthouse

This is a case study of one such client who recently came to us facing incarceration in the Illinois Department of Corrections  after being charged with DUI. He was ultimately acquitted. The DUI defense lawyers at The Davis Law Group, P.C. defended this client at the Bridgeview Courthouse, more formally known as Cook County’s Fifth Municipal District Courthouse.  This particular DUI arrest occurred in Oak Lawn, Illinois and the case was brought to a bench trial by attorney David Mennie of The Davis Law Group, P.C.. Our legal team regularly represents clients with a variety of charges at the Bridgeview Courthouse.

Our Lake County DUI defense attorneys have an in-depth knowledge of Illinois DUI law and the ability to negotiate and litigate to secure the best possible outcome for our clients. Below is a recent case handled by the defense attorneys at The Davis Law Group, P.C. at the Waukegan Courthouse in Lake County, Illinois.

DUI Defense Case Study – Hawthorn Woods, Lake County, Illinois

The case summary below relates to a DUI arrest that occurred in Hawthorn Woods, Illinois. The case was assigned to the Waukegan Courthouse, more formally known as the 19th Judicial Circuit Court. This particular courthouse hears misdemeanor and felony cases that originate throughout Lake County, Illinois.

Submitting to a breath test offered by a police officer has a variety of potential consequences. Of course, the question itself assumes that you have a choice – either agreeing or refusing – but do you? What is the difference between a breath test taken on the street after you are stopped by the police and the breath test offered back at the station after you have been placed under arrest for DUI? Are you required to take the physical field sobriety tests? Illinois DUI law is complex, our defense attorneys have provided guidance on these questions below.

What is the difference between a Preliminary Breath Screening Test (PBT) and an Evidentiary Breath Test?

A PBT is sometimes, not always, offered to drivers on the street before they are placed under arrest for DUI. The vast majority of PBT’s are not certified or calibrated the same way as the evidentiary breath test, which is offered at the police station. PBT’s can only be used for probable cause purposes to arrest a motorist for DUI but may not be used as evidence at trial.