BLOOMINGTON CRIMINAL DEFENSE BLOG HOME

Apr 3

How Does Illinois Define and Punish DUI?

Across the State of Illinois and the United States, driving under the influence (DUI) of alcohol or drugs is a pervasive issue. Each year, DUI offenses cause an unfortunate amount of property damage, physical harm, and fatalities. To deter this type of behavior, Illinois features stringent laws against and harsh punishment for DUI offenses. 

What Qualifies as a DUI in Illinois?

625 ILCS 5/11-501 prohibits any person from operating a vehicle while under the influence of alcohol, drugs, or a combination of both. In this context, under the influence means that a person is incapable of safely operating a vehicle. This type of impairment can occur as a result of consuming any combination of:

    Alcohol; Pharmaceutical drugs; Illegal drugs; or Other intoxicating compounds. 

Section 11-501 also provides a specific level for intoxication due to alcohol. If a person registers a blood-alcohol concentration (BAC) of 0.08 or more, then he or [...]

Mar 27

Illinois Man Charged with Domestic Battery After Putting Woman in Hospital

A 29-year-old man from Illinois faces charges for aggravated domestic battery and allegedly inflicting serious harm on his ex-girlfriend, according to an article by The Pantagraph

This incident occurred on Wednesday, March 18th in McLean County. That is when the Illinois man went to his ex-girlfriend’s residence. The man confronted his ex-girlfriend and her new boyfriend, threatening them both with deadly weapons. 

The ex-girlfriend apparently took the Illinois man outside of the residence, arguing loudly, according to witness statements. At that point, the Illinois man allegedly knocked his ex-girlfriend to the ground and inflicted serious physical harm on her.

When the ex-girlfriend arrived at a nearby hospital for treatment, medical professionals diagnosed her with a skull fracture, subdural hematoma, and various cuts and bruises. These injuries were considered life-threatening, placing her in critical condition. 

As a result of this incident, the authorities arrested the Illinois man and charged him [...]

Mar 19

Marijuana Distribution and Trafficking Crimes After Legalization

After legalization in January, the possession of marijuana is now mostly legal across Illinois. Even though the Illinois Criminal Code changed the nature of possession crimes, many other marijuana crimes remain largely the same. For example, any person who distributes marijuana or engages in cannabis trafficking is guilty of a crime. To understand exactly what this means, the following sections will explore marijuana distribution and trafficking crimes under Illinois law. 

Marijuana Distribution

The Illinois laws against marijuana distribution appear under 720 ILCS 550/5. Outside of approved and licensed exceptions, this section makes it unlawful to knowingly distribute or manufacture marijuana. Section 5 also prohibits any person from possessing marijuana with the intent to distribute or manufacture.

The punishment for a violation of Section 5 changes based on the amount of marijuana in question. It does not matter whether a person distributed marijuana or merely possessed the substance with intent [...]

Mar 13

What is the Difference Between Theft, Burglary, and Robbery in Illinois?

While commonly used interchangeably, theft, burglary, and robbery are actually completely separate crimes under Illinois law. To understand and appreciate the subtle differences between these criminal offenses, the following sections will explore relevant laws and penalties under Illinois state law. 

Theft

Illinois laws against and penalties for theft crimes appear under 720 ILCS 5/16-1. A person commits theft under this section if they obtain control over another person’s property:

    Without authorization; Using deception; Employing threats; Knowing, or having a reason to know, that the property was stolen or likely stolen; or That is in the custody of law enforcement or a similar agency. 

The penalty for this offense changes based on the type of theft in question. For example, theft of items worth less than $500 that occurs:

    From the Person — Results in Class A misdemeanor charges, which are punishable by a maximum of 364 days
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