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Chicago Criminal Defense Lawyers

At what blood alcohol content (BAC) will you lose your driving privileges?

I have been representing clients who have lost their driving privileges in Illinois, around the Schaumburg and Chicago areas, for over 17 years. What many people do not realize is that a person can lose their driver's license if they have under a .08 BAC.

A driver’s BAC is based on the ratio of alcohol to blood or breath. Generally, a person over 21 will have their license suspended if they have a BAC of .08 or greater. However, an individual with a BAC between .05 and .08 may be convicted of DUI and lose their license if additional evidence shows the driver was impaired. A person who has a commercial driver's license will have their license suspended if they have a BAC of .04 or higher. With regards to people under 21, Illinois has a zero tolerance policy and will suspend their license for a BAC over .00.

For more information on how to contest the suspension or revocation of your driver's license, contact our office to speak with an experienced DUI defense attorney.


- Posted by Schaumburg DUI lawyer John W. Callahan

I have been charged with a DUI, what additional consequences may I face?

What are other consequences you can face if convicted of a DUI? As a DUI lawyer who has handled hundreds if not thousands of DUI cases in Chicago, Schaumburg, Barrington and Arlington Heights, I have been asked that question numerous times. There are numerous other consequences that a person can face besides fines, jail, or the suspension of your license when convicted of a DUI. That is why it is so important to contact a defense attorney to represent you and mitigate any consequences you might face.

Other consequences you will face as a result of a DUI conviction are the following: a DUI conviction becomes a permanent part of your driving record; you are required to complete an alcohol/drug evaluation and an alcohol/drug remedial education course or substance abuse treatment program before driving privileges are reinstated; you must meet the requirements of the Secretary of State’s Department of Administrative Hearings prior to obtaining an Restricted Driving Permit; a Breath Alcohol Ignition Interlock Device may be installed on your vehicle as a condition of driving relief; you will be required to carry high-risk auto insurance for 3 years; and your vehicle registration will be suspended.

To receive more information on the consequences you may face as a result of a DUI conviction, contact our office to speak with an attorney experienced in DUI cases.


- Posted by DUI lawyer John W. Callahan

I have been charged with prostitution, what are the consequences?

As a criminal defense attorney, I have represented clients from the Northwest suburbs to Chicago charged with prostitution. While practicing as a defense attorney, I have had experience in representing clients from a multitude of sex crimes. One typical sex crime in Illinois is prostitution.

Under Illinois law, prostitution means that a person knowingly engages in a sexual act intended to result in arousal or gratification in exchange for payment of some sort, although the payment may be any offering of value, not just money. A charge of prostitution for a first-time offender usually is a Class A misdemeanor with a maximum fine of $2,500.00 and up to a year in jail. This may be upgraded to a Class 4 felony if the act of prostitution was committed within 1,000 feet of a school. Further, if the accused has been convicted of prostitution in the past, then the charge may be a Class 4 felony and the penalties are more severe.

For more information about the consequences of a prostitution conviction and how to help yourself if you are charged with prostitution or soliciting a prostitute, or even a drug charge, contact our office to speak with an attorney experienced in defending clients from sex crimes.


- Posted by criminal defense lawyer John W. Callahan

What are the consequences for driving on a suspended or revoked license?

I have been representing drivers in Illinois, around the Chicago, Barrington, and Schaumburg areas, in license reinstatement cases for almost two decades. It is important to speak with an attorney to learn how to have your license reinstated after receiving a DUI, because driving on a revoked or suspended license can have harsh penalties.

A first conviction is a Class A misdemeanor with a penalty of a mandatory imprisonment of 10 days in jail or 30 days of community service, fines of up to $2,500, suspension of driving privileges for double the original suspension period or additional revocation of 1 year, and may result in seizure or forfeiture of your vehicle.

A second conviction is a Class 4 felony with a penalty of a minimum 30 days in jail or 300 hours of community service, suspension of driving privileges for double the original suspension period or additional revocation of 1 year, and may result in seizure or forfeiture of vehicle. If the original suspension or revocation was for reckless homicide, DUI, refusing a chemical test or leaving the scene of a crash involving personal injury or death, it is a Class 2 felony.

A third conviction is a Class 4 felony with a penalty of a minimum 30 days in jail or 300 hours of community service, suspension of driving privileges for double the original suspension period or additional revocation of 1 year, and may result in seizure or forfeiture of vehicle. If the original suspension or revocation was for reckless homicide, DUI, refusing a chemical test or leaving the scene of a crash involving personal injury or death, it is a Class 1 felony.

For more information on how to get your license reinstated after a DUI or the consequences you face for driving on a revoked or suspended license, contact our office to speak with an experienced defense attorney.


- Posted by DUI Defense lawyer John W. Callahan

What happens to your license when you receive a DUI charge?

What happens to your license when you are pulled over for driving under the influence? As a DUI lawyer who is handled hundreds if not thousands of DUI cases in Chicago, Schaumburg, Barrington and Arlington Heights, I have been asked that question numerous times.

If an officer pulls you over for a moving violation and then determines that your Blood Alcohol Concentration (BAC) is 0.08% or more, or if you refuse testing, the officer will immediately send notice to the Secretary of State to suspend your license. You will be given a receipt that will allow you to continue driving (after your arrest, time to dry out in jail, bail, and arraignment) for 45 days and allow you time to fight the arrest and suspension. After that, your suspension goes into effect. If you fail chemical testing, your license will be suspended for 6 months for your 1st offense; 12 month suspensions are handed down for 1st offenses for refusal to submit to chemical testing. However, if you are driving with a BAC between 0.05% and 0.08%, you may still be cited for a DUI if your behavior suggests you are impaired. Illinois commercial driver's license (CDL) holders face even stiffer penalties.

For more information about how a DUI will affect your driver's license, contact our office to speak with a defense attorney experienced in DUI cases.


- Posted by Schaumburg DUI lawyer John W. Callahan

What are the consequences of a drug trafficking charge?

As a criminal defense lawyer in Illinois, I have represented hundreds of clients who have been charged with drug crimes. However, some drug charges are more serious than others and require the extensive expertise of a defense attorney in order to prevent or limit hefty fines and jail sentences. One such charge is drug trafficking.

Any person who knowingly brings or causes to be brought into this State for the purpose of the manufacture or delivery or with the intent to manufacture or deliver a controlled substance in this or any other state or country is guilty of controlled substance trafficking. A person convicted of controlled substance trafficking shall be sentenced to a term of imprisonment not less than twice the minimum term and fined an amount based upon the amount of controlled substance brought or caused to be brought into this State, and not more than twice the maximum term of imprisonment and fined twice the amount based upon the amount of controlled substance brought or caused to be brought into this State. It shall further be a Class 2 felony for which a fine not to exceed $100,000 may be imposed for any person to knowingly use a cellular radio telecommunication device in the furtherance of controlled substance trafficking. This penalty shall be in addition to any other penalties imposed by law.

For more information about the charges, fines, and sentences imposed for drug trafficking, contact our office to speak with a defense attorney experienced with drug crimes.


- Posted by lawyer John W. Callahan

I have been arrested for the possession of heroin, what are the consequences?

As a criminal defense lawyer in Illinois, I have represented hundreds of clients who have been charged with drug crimes. One crime that an individual can be charged with in Illinois is the possession of a controlled substance, such as heroin.

It is unlawful for any person knowingly to possess a controlled or counterfeit substance or controlled substance analog. Any person who possesses a controlled substance can be found guilty of a Class 1 felony or higher and shall, if sentenced to a term of imprisonment, be sentenced to not less than 4 years and not more than 15 years with respect to 15 grams or more but less than 100 grams of a substance containing heroin; not less than 6 years and not more than 30 years with respect to 100 grams or more but less than 400 grams of a substance containing heroin; not less than 8 years and not more than 40 years with respect to 400 grams or more but less than 900 grams of any substance containing heroin; not less than 10 years and not more than 50 years with respect to 900 grams or more of any substance containing heroin. Any person who knowingly possess a controlled substance can also be sentenced an extensive fine.

For more information about the charges, sentences, and fines associated with an arrest for the possession of heroin, contact our office to speak with an experienced defense attorney.


- Posted by drug defense lawyer John W. Callahan

Can I be charged for the unauthorized possession of a prescription form?

I have been representing clients charged with drug possession in Illinois, and around the Schaumburg and Chicago areas, for over 17 years. Drug convictions can arise from more than just possessing or selling a controlled substance. You can also be charged for the unauthorized possession of a prescription form.

A person commits the offense of unauthorized possession of prescription form when he or she knowingly: (1) alters a properly issued prescription form; (2) possesses without authorization a blank prescription form or counterfeit prescription form; or (3) possesses a prescription form not issued by a licensed prescriber. Any person who possesses an unauthorized prescription form is guilty of a Class 4 felony for the first offense and a Class 3 felony for each subsequent offense. The fine for the first offense shall be not more than $100,000. The fine for each subsequent offense shall not be more than $200,000.

For more information about the charges, sentence, or fine you will face for possessing an unauthorized prescription form, contact out office to speak with an experienced defense attorney.


- Posted by drug defense lawyer John W. Callahan

How much can I be fined for a drug conviction?

As a criminal defense lawyer in Illinois, I have represented hundreds of clients who have been charged with drug crimes. What many clients don't realize is that they can be charged with a fine in addition to any sentence they receive and that fine can be hefty depending on the class of the felony.

Every person convicted of a drug conviction, and every person placed on probation, conditional discharge, or supervision, shall be assessed for each offense at a sum fixed at: $3,000 for a Class X felony; $2,000 for a Class 1 felony; $1,000 for a Class 2 felony; $500 for a Class 3 or Class 4 felony; $300 for a Class A misdemeanor; and $200 for a Class B or Class C misdemeanor. This assessment is in addition to and not in lieu of any fines, restitution costs, forfeitures or other assessments authorized or required by law. As a condition of the assessment, the court may require that payment be made in specified installments or within a specified period of time. If the assessment is not paid within the period of probation, conditional discharge or supervision to which the defendant was originally sentenced, the court may extend the period of probation, conditional discharge or supervision, as applicable, until the assessment is paid or until successful completion of public or community service set or the successful completion of the substance abuse intervention or treatment program. If a term of probation, conditional discharge or supervision is not imposed, the assessment shall be payable upon judgment or as directed by the court.

A defendant who has been ordered to pay an assessment may petition the court to convert all or part of the assessment into court-approved public or community service. The court may also suspend the collection of the assessment, provided the defendant agrees to enter a substance abuse intervention or treatment program approved by the court; and further provided that the defendant agrees to pay for all or some portion of the costs associated with the intervention or treatment program.

For more information about the fines you will face when charged with a drug conviction or help negotiating with the court for a lesser or substituted fine, contact our office to speak with a defense attorney experienced in drug law.


- Posted by Schaumburg defense lawyer John W. Callahan

What factors can lead to increased sentencing for a drug conviction?

As a criminal defense lawyer in the State of Illinois, I have represented hundreds of people charged with possession of drugs in the Chicago area. A drug charge in Illinois is a serious offense that can lead to a felony conviction with a fine and possible prison sentence. However, there are certain factors that can increase the length of a conviction and sentence.

Any person who who employs or engages a minor to deliver a controlled substance may be sentenced to imprisonment of a term three times the maximum amount authorized for a charge of conspiracy to or delivery of a controlled substance. Also, any person who delivers a controlled substance to a women they know to be pregnant or a minor may be sentenced to imprisonment for a term twice the maximum amount authorized for a charge of delivery of a controlled substance. Further, any person who engages in selling a controlled substance at or within a 1,000 feet of a safety rest area, truck stop, school, public housing facility, public park, place of religious worship, or senior housing will also face harsher sentencing penalties.

For more information about what factors can lead to increased sentences for a drug conviction, contact our office to speak with an experienced defense attorney.

- Posted by criminal defense lawyer John W. Callahan