Chicago Criminal Defense Lawyer
Personalized and Client-Oriented Representation
Criminal charges are complex legal matters that require the attention of a lawyer with significant experience and knowledge in the field. DRD Law, LLC prioritizes its clients and takes a personalized approach to all their cases. When you work with Attorney David R. Drwencke, you can expect to work one-on-one with a criminal defense lawyer who will answer all your calls and communicate with your personally throughout the legal process.
Schedule a consultation with DRD Law, LLC today. Call (312) 702-1811 or fill out an online contact form here.
Domestic violence involves an aggressor who is the alleged victim’s “family or household members,” defined as follows:
- current or former spouses;
- parents, children, stepchildren, and others are related by blood or by marriage;
- people who currently share or formerly shared a dwelling;
- people who have a child in common;
- people in a dating or engagement relationship; and
- people with disabilities and their caregivers.
A person commits domestic battery by intentionally causing bodily harm to such a family or household member or by making physical contact in an insulting or provocative way with them. Domestic battery is punished as a Class A misdemeanor that carries up to 1 year in jail and $2,500 in fines, though it is a Class 4 felony punishable by up to 6 years in prison and $25,000 in fines if the defendant:
- has a prior conviction for domestic battery;
- previously violated a protection order;
- was convicted of committing any violent crime against a family or household member, such as murder, aggravated domestic battery, kidnapping, or unlawful restraint.
Drug Possession Violations
Illinois classifies controlled substances (CDS) into five “schedules” based on factors such as their potential for abuse and whether they are approved for legitimate medical use. Some examples of CDS in each schedule include:
- Schedule I: opiates, certain opium derivatives, and hallucinogenic substances
- Schedule II: coca leaves, oxycodone, codeine, and methamphetamine
- Schedule III: buprenorphine, some steroids, and ketamine
- Schedule IV: alprazolam, diazepam, and tramadol
- Schedule V: medicines that have very small amounts of specified narcotic drugs
The state divides felonies into five classes – X, 1, 2, 3, 4 –, where Class 1 felony possessions are the most serious and receive the harshest penalties. Misdemeanors are divided into three classes – Class A, B, C –, where Class C misdemeanors are the least serious drug possession crimes.
Possession of any other amount of a Schedule I or II narcotic (aside from heroin, cocaine, morphine, LSD, and specified hallucinogenic substances) and of Schedule III, IV, or V drugs is a Class 4 felony punishable by incarceration of 1-3 years and a fine of up to $25,000. Possession of an unauthorized prescription form is also a Class 4 felony for a first offense, though subsequent offenses will be punished as a Class 3 felony.
Illinois law imposes additional penalties for repeat offenses. The court may double penalties for a repeat conviction under the Controlled Substances Act, and a repeat Class 1 felony within 10 years could result in no conditional discharge, probation, or periodic imprisonment (“weekend” imprisonment).
In Illinois, a person can be convicted of driving under the influence (DUI) for driving or being in “actual physical control” of a vehicle when they:
- have a blood alcohol content (BAC) of .08% or more;
- are under the influence of alcohol;
- are under the influence of any intoxicating compound, drug, or a combination of alcohol, drugs, or intoxicating compounds to a degree that the person is incapable of driving safely;
- have any amount of a controlled substance in their blood, urine, or other bodily substance; or
- have a tetrahydrocannabinol (THC) concentration of 5 nanograms or more in the blood or 10 nanograms or more in another bodily substance within 2 hours of being in actual physical control of a vehicle.
Following an arrest for DUI, there are generally administrative penalties. Under Illinois’s implied consent law, all motorists are deemed to have given consent to a chemical test or tests if there’s probable cause to believe they are under the influence of alcohol, drugs, intoxicating compounds, or any combination. An offender who doesn’t have a prior DUI conviction and hasn’t had a statutory summary suspension within the last 5 years is subject to the following license suspension periods:
- 6 months for a failed test, and
- 1 year for refusing or failing to complete a test.
Aside from testing refusal, a first DUI conviction is a Class A misdemeanor in Illinois punishable by:
- up to 364 days in jail or 6 months in jail if the defendant had a passenger under age 16 in the vehicle;
- a maximum fine of $2,500 and minimum fine of $500 if the defendant’s BAC was .16% or more or minimum of $1,000 if the defendant was transporting a passenger under age 16
community service if:
- a first offender has a BAC of .16% or more (at least 100 hours of community service); or
- a defendant had a passenger under the age of 16 ( at least 25 days of community service that benefits children).
- 1- year license suspension (includes the administrative suspension for testing refusal);
- alcohol/drug evaluation and treatment if they have a substance abuse problem.
Note that offenders may apply for a restricted driving permit (RDP) to drive to essential places like work, school, medical appointments, and alcohol/drug treatment. In other limited circumstances, a person with an RDP can drive children, the elderly, and disabled persons. To obtain an RDP, the offender must demonstrate that a hardship exists, and they will pose no danger to public safety. Be aware that if the person’s license has been suspended for a first DUI conviction and administrative suspension, an ignition interlock device (IID) must be installed in the driver’s vehicle for the duration of the RDP.
Let a passionate and client-oriented criminal lawyer help you. Call (312) 702-1811 or fill out an online contact form to schedule a consultation today.