It is a weird situation to have a prescription DUI and an interlock device. However, it does happen and if you’ve been arrested, you need a DUI defense lawyer in Illinois. The MacNeil Firm provides representation for all kinds of traffic violations and have the experience to help you. Call us today at 708-218-0947 for a free consultation.
Often times, the only way that you can get relief for driving during your summary suspension is with that monitoring device driving permit (MDDP) and that is even if the DUI is based on prescription drugs. So in order to be able to drive, you still have to have that breath machine installed in your vehicle. It does not make much sense particularly for prescription drug based DUIs because the breathalyzer cannot test for drugs in your system, it can only detect alcohol. But, unfortunately, that is the only alternative to just sitting out the suspension.
How the interlock device works
The interlock device is calibrated anything over 0.02% is going to give a negative signal to the home based monitoring company. If you are over a 0.05%, you will not be able to start the car and there are various levels. The monitoring company reports that to the secretary of state and so if you have a negative report, the state could revoke your driving permit and under some circumstances, it might be a separate offense.
If you are blowing over 0.08% in your interlock device, you have some very serious problems ahead of you and it could form the basis for another DUI. The interlock device may not be admissible at trial, but still it would be a very negative fact that the prosecutor would be able to get their hands on this information and they would use it against you in any way possible. If you need a DUI defense lawyer in Illinois, you want someone with experience. Our legal team has helped numerous clients get their charges reduced and even dropped.
How can a DUI defense lawyer in Illinois help with a prescription DUI case?
The science for a prescription DUI conviction comes into play where there is a chemical test. I have spent a significant amount of time at different conferences and seminars learning how to approach and to dissect these chemical tests. It takes quite a bit of studying to learn all the procedures and to know what to look for. However, as a DUI defense lawyer in Illinois, having the knowledge about how to analyze test has paid off for my clients.
The law is different in a DUI based on prescription drug charges. An attorney that does not have the knowledge and experience that I do is going to be at an extreme disadvantage. That attorney will not know what evidence is or is not admissible. Since the great majority of DUIs are alcohol based, you wan a DUI defense lawyer in Illinois that knows that certain evidence can be excluded with pretrial motions.
When I get the evidence excluded in a DUI drug case, it makes it very difficult for the prosecutor to prove their case beyond a reasonable doubt. When I make things hard for the prosecutor and we have success in the case that makes my clients very happy and allows them to move forward with their lives.
The MacNeil Firm is here to help with your case
Our firm has represented a lot of individuals charged with DUIs based on prescription drugs. We are familiar with the laws and know the different avenues we can pursue to get cases dismissed or to get charges reduced. That is really the key because the law is so much different than the law is for alcohol based DUIs. I am going to have a distinct edge over a lawyer who primarily deals in alcohol based DUIs only.
Anybody who has been charged in a prescription drug based DUI and they are interviewing lawyers, they should just make sure that their lawyer has experience in dealing with these things. It is very easy for lawyers to not familiar on how to handle prescription based DUI cases. It would be very easy for certain evidence to be admitted at trial that should not be. If that lawyer is not familiar with it, they would not know to ask to have it excluded or make a motion to have it be excluded and so an individual should make sure that their lawyer is familiar with these cases before they hire them.
Contact our DUI defense lawyer in Illinois at The MacNeil Firm, so that you have strong representation for your case.
