Articles Posted in DUI


Illinois Traffic Safety Leaders
are urging motorists to use common sense through the upcoming Halloween Holiday weekend to avoid Chicago drunk driving accidents and DUI accidents on Illinois highways.

The Chicago car accident attorneys at Abels & Annes encourage motorists to have a travel plan to prevent drunk driving, including designated drivers, overnight stays, taxi cabs or other forms of transportation.

Nationwide, 1 in every 3 fatal accidents is caused by a drunk driver.

Halloween has proven especially deadly in recent years and authorities are concerned, with the holiday falling on a Saturday, excessive partying could lead to an increase in fatal drunk driving accidents.

In 2008, more than half (58 percent) of all highway fatalities involved an impaired driver or motorcycle rider, according to the National Highway Traffic Safety Administration.

“With Halloween falling on a Saturday this year, we want to remind revelers to be responsible by not taking the party to the roadways, putting themselves, trick-or-treaters and other motorists at risk,” said RobertBrasky, president of Illinois Traffic Safety Leaders.

ITSL also recommends these simple tips:

-Plan a safe way home before the festivities begin -Before drinking, please designate a sober driver -If you’re impaired, and haven’t designated a sober driver, use a taxi, call a sober friend or family member, or use public transportation so you are sure to get home safely -Use your community’s Sober Rides program -If you happen to see a drunk driver on the road, don’t hesitate to contact your local law enforcement Continue reading

An August car accident that killed a Chicago motorcycle rider has resulted in felony DUI charges against the car’s driver.

The 47-year-old North Ashland Avenue woman has been charged with aggravated DUI in connection with the Chicago car accident that killed a North Side motorcyclist, ABC7 reported.

The case made news after a nurse sued the city after she reported being arrested by police for failing to give a blood test to the woman charged, according to the Chicago Sun-Times.

An Ohio man faces charges in connection with a weekend Chicago drunk driving accident that claimed two lives.

The 27-year-old Cleveland man had a blood-alcohol level of .148 — nearly twice the legal limit — when the car he was driving slammed into another car, killing two South Side men, according to the Chicago Sun-Times.

Cook County prosecutors report the man had just gotten into another car accident before Saturday night’s fatal crash. Prosecutors allege the man downed a bottle of Arbor Mist and three vodka martinis, struck a car at 62nd and Ashland, and took off at a high rate of speed after berating the victimized motorists.

A Chicago man faces an arrest warrant on charges accusing him of killing a 78-year-old Indiana pedestrian in a drunk driving auto accident.

The 26-year-old faces charges of failure to stop after a pedestrian accident, reckless homicide and operating a motor vehicle with a blood-alcohol level of more than .08 percent, according to the Chicago Tribune, which reported the charges were filed in Lake County, Indiana, in connection with the March drunk driving accident.

Authorities said the Chicago-area defendant had driven to Indiana to buy cigarettes when he caused the accident that killed Zyuajan Mitrovich.

A 35-year-old man from the western suburb of Berwyn faces numerous charges after a Chicago drunk driving accident on Labor Day weekend that sent three children in his vehicle to the hospital following a Sunday crash outside Ford City Mall.

The man faces charges of felony DUI, reckless driving, failure to reduce speed, driving on a revoked license while intoxicated and causing an accident while intoxicated that causes bodily harm, according to the Chicago Breaking News Center.

A 7-year-old suffered a spinal fracture and other broken bones in the crash, according to the Chicago Tribune. The remaining children, ages 9 and 10, were also hurt.

Last month’s 24-year prison sentence for a suburban Chicago woman convicted in a drunk driving car crash highlights a growing concern: The increase in DUI arrests and fatal DUI auto accidents among women.

The 43-year-old woman was convicted of aggravated DUI after running a stop sign last fall and slamming into 27-year-old woman, according to ABC7.

The 27 year old woman was killed in the car accident, along with her 3-year-old son and 11-month-old daughter.

According to an analysis this month by the Associated Press, Women in the U.S. are drinking more, and drunken-driving arrests among women are rising rapidly while falling among men.

Still, men accounted for roughly three times more drunk driving deaths in Illinois than did women, according to 2008 statistics from the National Highway Traffic Safety Administration.

But the study found DUI arrests among women have increased almost 30 percent between 1998 and 2007 while the number of men arrested declined by 7.5 percent.

“Women are picking up some of the dangerously bad habits of men,” said Chuck Hurley, CEO of Mothers Against Drunk Driving.

Of particular concern is the trend’s impact on children riding in cars with impaired drivers.

Nearly 250 youngsters were killed in alcohol-related crashes in the U.S. in 2007, according to the National Highway Safety Administration.

“Drunk drivers often carry their kids with them,” said MADD’s Hurley. “It’s the ultimate form of child abuse.”

The increase in arrests comes as women are drinking more than in the past.

One federal study found that the number of women who reported abusing alcohol (having at least four drinks in a day) rose from 1.5 percent to 2.6 percent over the 10-year period that ended in 2002. For women ages 30 to 44, the number more than doubled, from 1.5 percent to 3.3 percent.

Authorities believe the trend also indicates the tougher stance against drunk driving taken by law enforcement means women are also more likely to be arrested and held accountable than in the past.

The Transportation Department’s annual crackdown on drunken driving, which begins later this month, will focus on women.

“There’s the impression out there that drunk driving is strictly a male issue, and it is certainly not the case,” said Rae Tyson, spokesman for the National Highway Traffic Safety Administration. “There are a number of parts of the country where, in fact, the majority of impaired drivers involved in fatal crashes are female.”

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Nighttime is the deadliest time for Chicago drivers and motorists elsewhere in Illinois, according to a new report issued by the Illinois Department of Transportation.

Drunk drivers and low seatbelt usage were cited as two primary reasons for the drastic increase in car accidents and fatalities after dark.

The Chicago car accident lawyers and the personal injury and wrongful death attorneys at Abels & Annes often see drunk driving accidents and other injuries that occur at night for reasons ranging from poor visibility to alcohol and reckless driving.

Motorists should use extra caution, especially when out late at night or on the weekend. In response to the report, authorities promised to make a renewed push to get drunk drivers off the streets at night.

“We are working closely with Illinois State Police and local agencies to make sure that all motorists behind the wheel are driving sober,” said Illinois Department of Transportation Secretary Gary Hannig. “One of our top priorities is to save lives and the data revealed shows that we need to focus our efforts on impaired driving at night.”

Illinois State Police announced increased enforcement through the Labor Day weekend.

“Drinking and driving is inappropriate regardless of the time of day,” said Director Jonathon Monken. “Data tells us the likelihood of being involved in a crash or fatal crash where alcohol is involved increases dramatically at night. Therefore, the Illinois State Police will focus our efforts on DUI and seat belt enforcement during night time details throughout the Labor Day weekend.”

The report found drunk driving a factor in 7 of every 10 Illinois fatalities occurring between midnight and 3 a.m. and less than 3 in 10 were properly seatbelted.

Those statistics are in marked contrast to higher-traffic daytime hours, where less than 2 in 10 crashes involved alcohol and less than half were not properly seatbelted.

According to the report and data from the National Highway Traffic Safety Administration, 2 of every 3 motor vehicle accidents that occur between midnight and 3 a.m. involved a drinking driver.

And data shows 3 of every 4 drivers who died between midnight and 6 a.m. were not properly restrained.

For more information about impaired driving in Illinois, please visit www.drivesoberillinois.org.

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A fatal Chicago suburban car accident involving teens leaving a graduation party earlier this summer has led to a personal injury lawsuit in Kane County Circuit Court.

A 17-year-old from St. Charles St. Charles, has filed suit seeking more than $50,000. Her attorney claims she suffered a broken jaw and a brain injury as a result of the accident June 17. The plaintiff was one of four teenagers in an SUV that went off the road and slammed into trees on the 3100 block of Royal Fox Drive in St. Charles. The accident killed a front-seat passenger from West Chicago.

The lawsuit accuses the teen driver of driving more than 40 mph over the speed limit down the wrong side of the road, high on marijuana and alcohol while driving a group of St. Charles East High School classmates home from a graduation party at 3:30 a.m.

A new federal study released last month found one in every seven nighttime weekend drivers tested positive for drugs.

The Chicago car accident lawyers at Abels & Annes urge weekend drivers to remain on the lookout for erratic drivers. Studies have long shown drivers are most likely to be drunk and driving between 1 a.m. and 3 a.m.

While the study by the National Highway Traffic Safety Administration found the percentage of motorists driving drunk continued to decline, the study for the first time tested for drug use and the results were sobering:
– 16.3 percent of nighttime weekend drivers were drug positive.
– Marijuana (8.6 percent)
– Cocaine (3.9 percent)
– Medications (3.9 percent)

Transportation Secretary Ray LaHood said he is concerned about the prevalence of drivers who use drugs.

“I’m pleased to see that our battle against drunk driving is succeeding,” said Secretary LaHood. “However, alcohol still kills 13,000 people a year on our roads and we must continue to be vigilant in our efforts to prevent drunk driving.”

The percentage of drunk drivers identified in the survey has fallen from 7.5 percent in 1973 to 2.2 percent in the most recent survey. This study was the first to measure for the presence of drugs.

“This troubling data shows us, for the first time, the scope of drugged driving in America, and reinforces the need to reduce drug abuse,” said Gil Kerlikowske, Director of the Office of National Drug Control Policy. “Drugged driving, like drunk driving, is a matter of public safety and health. It puts us all at risk and must be prevented.”

The NHTSA is conducting further research to assess how drug traces correspond to driver impairment since some drugs can remain in the body for days or even weeks.

Among the findings of the latest roadside survey:

– The percentage of male drivers with illegal BAC levels was 42 percent higher than the percentage of alcohol-impaired female drivers.

– Drivers were more likely to be illegally drunk during late nighttime hours (1 a.m. to 3 a.m.) than during daytime or early evening hours.

– Motorcycle riders were more than twice as likely as passenger vehicle drivers to be drunk (5.6 percent compared with 2.3 percent).

– Pickup truck drivers were the next most likely to have illegal BACs (3.3 percent).

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One out of every three fatal traffic crashes in 2008 was alcohol related, according to statistics released this month by the National Highway Traffic Safety Administration.

In fact, Mothers Against Drunk Driving calls DUI the most frequently committed violent crime in the United States.

Nationwide, fatal alcohol-related crashes dropped from 13,041 in 2007 to 11,773 in 2008.

And, while alcohol-involved traffic fatalities in Illinois also declined, from 1,248 in 2007 to 1,043 in 2008, the overall rate of alcohol fatalities was slightly higher than the national average.

Alcohol-related fatal crashes are four-times more likely to occur at night than during the day and 1.5 times more likely to occur on the weekend.

The Chicago personal injury and wrongful death lawyers at Abels & Annes urge you to take this issue seriously, use a designated driver, call a cab or stay where you are if you have had too much to drink.

Those driving late at night — particularly on the weekend — should also be vigilant in watching for and avoiding erratic drivers.

As part of its Summer Safe Driving series, Abels & Annes looks at some of the issues surrounding drunk driving in Illinois.

Illinois has taken some tough steps to combat drunk driving: On Jan. 1 it became one of only six states to require a first-time DUI offender to have a Breath Alcohol Ignition Interlock Devices installed on his or her vehicle as a condition of gaining driving privileges.

Illinois offers a DUI Factbook where motorists can get a host of information on the state’s DUI laws, penalties and programs to combat drunk driving. According to the book, the state’s legal limit of .08 would be surpassed by a 170 pound man consuming four drinks in one hour or a 137 pound woman consuming three drinks in an hour.

A drink is defined as a can of beer, glass of wine or shot of liquor.

A shocking 86 percent of drivers who failed a breath test in 2007 tested between .10 and .24, which is three-times the legal limit.

Additionally, the state reports a person’s risk of having a crash begins to increase significantly at .04 — half the legal limit — and increases substantially thereafter.

Common remedies like fresh air, coffee, food or a shower will not help a person get sober.

The state’s 2007 statistics reports 2 of every 5 traffic fatalities are alcohol related.

• 503 people were killed in alcohol-related crashes, which was 40 percent of the 1,249 total crash fatalities.

• More than 49,600 DUI arrests were recorded by the Secretary of State’s office.

• 92 percent of all drivers arrested for DUI, who were eligible, lost their driving privileges.

• 2,516 drivers under age 21 lost their driving privileges due to “Use It & Lose It” law violations.

• 20 percent of those arrested for DUI are women, who represent 50 percent of all licensed drivers.

• Males ages 21-24 had the highest DUI arrest rate (about 26 per 1,000 licensed drivers). This rate was four times greater than that of all other drivers arrested for DUI (6 per 1,000 licensed drivers).

• 83 percent of all drivers arrested for DUI are first offenders.

The Illinois Secretary of State’s Office reports the average DUI offender is:

• male (80 percent arrested are men);

• age 34 (61 percent are under age 35);

• arrested between 11 p.m. and 4 a.m. on a weekend; and
• caught driving with a BAC of .16 – twice the illegal limit.

Penalties for a DUI can range from a 6-month license suspension to 30 years in prison for habitual offenders or DUI traffic crashes resulting in serious injury or death.

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