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Recent Blog Posts
What Is the Difference Between DUI and Aggravated DUI in Illinois?
Illinois law treats driving under the influence (DUI) as a serious offense even in the most clear-cut cases, but certain circumstances can elevate a DUI to an aggravated DUI, a much more severe charge. Understanding the difference is important because the penalties and long-term consequences vary significantly. If you have been charged with either offense, you should speak with a Cook County, IL DUI defense attorney as soon as possible to begin building a strong case that protects your rights.
What Is a Standard DUI in Illinois?
Under Illinois’s 625 ILCS 5/11-501, you commit DUI if you operate a vehicle with a blood alcohol concentration (BAC) of 0.08 or higher, or while under the influence of alcohol, drugs, or other substances that cause you to be incapable of safely driving.
Can I Still Be Charged With DUI if I Refused the Breathalyzer?
If you refused the breathalyzer test after being pulled over on suspicion of drunk driving, you may wonder whether that decision will prevent driving under the influence (DUI) charges. Unfortunately, the answer is no. Prosecutors can still charge you with DUI even if you decline chemical testing.
As of July 2025, Illinois law allows DUI cases to move forward based on officer observations, field sobriety tests, and other evidence, even without a breath test result. If you were arrested and refused the breathalyzer, you still need a strong legal defense to protect your rights and driving privileges. Speak with a Cook County, IL criminal defense lawyer to understand your options.
How Can I Be Charged With DUI Without a BAC Result?
In Illinois, you can be charged with DUI in two main ways. The first is by showing that your blood alcohol concentration (BAC) was 0.08 percent or more, which typically requires a breath, blood, or urine test. But the second way does not rely on chemical testing at all. Under 625 ILCS 5/11-501(a)(2), you can also be charged with DUI if you were under the influence of alcohol to the degree that it affected your ability to drive safely.
Drop in Chicago Auto Thefts – Except for High-End Vehicles
Violent crimes – except for criminal sexual assault and human trafficking – dropped significantly last year across Chicago. There have also been fewer gun violence victims and fewer victims of motor vehicle theft overall (a drop of 27 percent in 2024 over 2023). The trend of fewer auto thefts has continued into 2025, and as of May 4, car thefts in the city were down 35 percent.
Police attribute a significant portion of the drop in car thefts to license plate reader technology and the new Chicago Police helicopters, while noting an increase in the theft of higher-end vehicles. More than 400 luxury vehicles were stolen in 2024. Police say they have also seen an increase in the number of Jeeps stolen (up 28 percent in 2024 over 2023). Not only are sport utility Jeeps being stolen at a higher rate, but they are also being used to ram storefronts in other thefts and to steal ATMs.
Karina’s Law Goes into Effect on Mother’s Day in Illinois
On Mother’s Day this year, a new law to protect survivors of domestic violence went into effect. Karina’s Law was named after Karina Gonzalez, a mother killed during a domestic violence incident in Little Village. Karina’s son admits it is hard to face the reality that he will never see his mother again or hear her laugh. Yet if the new law saves even one person, he believes his mother will have changed lives.
Karina and her daughter were both allegedly shot and killed by Karina’s husband in 2023. Karina’s Law requires that firearms be removed from the home of an accused domestic abuser if the alleged victim is granted an order of protection by the court. The law states that guns must be removed from the home of an accused abuser within four days of when the order of protection is issued.
Could Self-Defense Significantly Reduce Homicide Charges?
Recently, after a 24-year-old shot a 61-year-old doorman in Chicago, the circumstances surrounding the shooting resulted in the younger man only being charged with unlawful use of a weapon. By all accounts, the doorman was remembered by all who knew him as someone who helped everyone he knew.
Reportedly, when the altercation occurred, the doorman was heading home from work and was on a pedestrian walking bridge near the CTA Blue Line platform at the intersection of South Peoria and Van Buren Street. A verbal disagreement between the two men escalated into an exchange of gunfire, with the older man pulling his gun first and shooting at the younger man, who then fired his own gun in self-defense.
The older man was shot in the head and subsequently died at the hospital. The CTA worker was questioned by police, then released, and charged with unlawful use of a weapon. While those who knew the older man are finding it difficult to believe he would use a weapon in an altercation, video of the incident supports the younger man’s claim of self-defense.
Can Unreliable Eyewitness Testimony Convict an Innocent Person?
While eyewitnesses to a criminal offense can provide compelling testimony, the average person’s memory of a specific event is susceptible to many biases and errors. Unfortunately, jurors love eyewitness testimony and are much more likely to convict a defendant when another person witnesses the crime. Witnesses to a crime or accident are commonly interviewed by law enforcement after making a "positive" ID, then by lawyers from both sides, perhaps in a deposition, and finally in court in front of jurors and the judge.
While eyewitness testimony may well be the most persuasive form of evidence presented in court, its accuracy may be seriously flawed. Alarmingly, faulty eyewitness testimony has been implicated in at least 75 percent of DNA exoneration cases – more than any other cause. Speaking to an experienced Chicago, IL criminal defense attorney about potential eyewitness testimony can be crucial to the outcome of your trial.
How No "Stand Your Ground" Law Affects Self-Defense Claims
When charged with assault or battery, the most common defenses include self-defense, defense of others, or defense of property. Twenty-eight states currently have "stand your ground" laws, which hold that a person who is attacked in a place where she or he has a lawful right to be has no duty to retreat. In stand-your-ground states, a person has the right to stand his or her ground and meet force with force.
This includes using deadly force if it is reasonably believed that deadly force was necessary to prevent death or great bodily harm to oneself or others or to prevent a felony in progress. This makes self-defense a legal defense for criminal charges of assault or battery in stand-your-ground states. Illinois is not a stand-your-ground state, although it does employ the castle doctrine.
The Devastating Consequences of Illinois Charge Stacking
Being charged with a single crime is serious enough in itself to require a strong criminal defense attorney. Unfortunately, many prosecutors engage in "charge stacking," which involves charging a defendant with as many relevant charges as possible—even when the true relevancy is thin at best.
Often, more charges than are fair or just are filed against a defendant to strengthen the prosecutor’s case and up the chances of securing a conviction on at least one of the charges. Charge stacking is akin to the adage of "throwing everything against the wall to see what sticks" and is common in both white-collar offenses and violent criminal charges.
Violent crimes are typically stacked with other violent crimes and white-collar crimes with other white-collar crimes. The exception might be the offense of racketeering, which is often used as a "stack" offense in both white-collar and violent crime offenses. If you are facing multiple criminal charges, it is extremely important that you speak to a highly experienced Chicago, IL criminal defense lawyer as quickly as possible.
How Illinois Plea Agreements Can Muddy Double Jeopardy Laws
Recently, the Illinois Supreme Court overturned a high-profile actor’s conviction, ruling he had been subjected to double jeopardy. The actor was originally charged with falsely reporting a hoax hate crime in 2019, subsequently entering into a non-prosecution agreement. Then, in 2022, he was sentenced to 150 days in jail and 30 months of probation after being found guilty of felony disorderly conduct by a special prosecutor.
The Illinois Supreme Court found that the case was subject to the double jeopardy clause and that the actor’s agreement with the State’s Attorney’s Office should have been honored. The Court further noted that re-filing charges after overturning non-prosecution agreements in criminal offense cases would result in "terrible policy consequences." The actor’s attorney praised the decision, saying the ruling upheld the responsibility of prosecutors across the nation to honor the agreements it makes with defendants.
What Is the Difference Between Burglary and Home Invasion?
Burglary and home invasion are two very serious crimes in Illinois punishable with prison time and hefty fines. Although they both involve unlawful entry, they each have significant differences. It is important to understand these differences if you or someone you know is facing a burglary or home invasion charge. If you have questions about these two offenses and how charges can affect you, speak with an Illinois criminal defense attorney.
What Is Burglary?
Burglary is when a person breaks into someone else’s property with the intent to commit theft or any kind of felony. This offense contains two elements:
- There must be unlawful entry to someone’s property, whether it be a house, car, boat, train, plane, trailer, or building.
- There must be intent to commit a felony.
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