Del Re Law Group, P.C.Waukegan Attorneys | Family, Criminal & Personal Injury Law2026-07-23T12:53:40Zhttps://www.daviddelrelaw.com/feed/atom/WordPressOn Behalf of Del Re Law Group, P.C<![CDATA[Can you drive the next morning after drinking alcohol?]]>https://www.daviddelrelaw.com/?p=492472026-07-23T12:53:40Z2026-07-22T18:15:46ZWhat to expect after a heavy drinking session?
Taking a cold shower, having high amounts of caffeine or going for a run are “popular cures” used to diminish hangovers and increase alertness following a drunk night. But these remedies only create a temporary illusion of alertness. Therefore, it is safer to look at the practical signs to check whether you are safe to hit the road:
Sleep deprivation: Alcohol severely disrupts your sleep. When you wake up with fatigue without getting proper rest, it drastically slows down your reaction time and impairs situational awareness behind the wheel.
Dehydration or headaches: A throbbing head and thirst resulting from a hangover could make it incredibly difficult to focus on the road while driving in fast-moving traffic.
Cognitive dizziness: Light sensitivity and nausea after a heavy drinking session could generally mean that your brain is processing information much slower than usual and could affect the way you operate a vehicle.
Even a negative breathalyzer doesn’t necessarily protect a driver from criminal charges in Illinois. If severe fatigue, hangover or other factors contribute to driving that shows willful disregard for the safety of others, the court might pursue reckless driving charges based on the driver's conduct.
Knowing what to do next
Alcohol affects people differently. While some may be able to function normally after a heavy night of drinking, many others struggle to stay steady behind the wheel. If you ever find yourself facing charges in a situation such as this, it's important to secure legal representation immediately. An experienced DUI attorney could help you understand your legal standing and available options to consider moving forward.]]>On Behalf of Del Re Law Group, P.C<![CDATA[When is it possible to request makeup parenting time?]]>https://www.daviddelrelaw.com/?p=492452026-07-14T12:38:18Z2026-07-14T12:38:18ZWho canceled the parenting session?
Ideally, parents can work cooperatively with one another to address any lost parenting time. If one parent has an unexpected work trip, they might ask the other to work with them to accommodate their last-minute schedule adjustment.
If parents cannot reach an amicable arrangement regarding makeup parenting time, then the courts can award makeup parenting time as necessary to uphold the established custody order. If one parent makes decisions that diminish the parenting time of the other, they generally have an obligation to offer a similar amount of makeup parenting time.
A judge can order makeup parenting time as a means of resolving disputes about an existing custody order. In situations where parents may need to cancel their own time due to work obligations, illness or other unexpected demands, they may not be able to request court intervention while seeking makeup parenting time.
Documenting canceled sessions and discussing the situation with an attorney can help parents to make informed decisions. Child custody matters can be highly emotional and often require the neutral, grounded insight of an attorney for parents to effectively assert their rights.]]>On Behalf of Del Re Law Group, P.C<![CDATA[Can your prenup define child custody rights?]]>https://www.daviddelrelaw.com/?p=492342026-07-02T07:13:22Z2026-07-02T07:13:22ZNo, your prenuptial agreement cannot define your child custody rights. It cannot ensure that you get sole custody of your children, for example, nor can you use it to waive those custody rights.
There are only certain things that can be included in a prenup, along with other provisions that are prohibited by law. Generally speaking, prenups tend to focus more on financial issues, like how a couple will divide their marital assets or how they will split up ownership of a business that one of them owns. People sometimes use a prenup to shield their assets from property division, clearly defining them as separate assets long before the divorce.But child custody rights generally cannot be included. Physical and legal custody need to be addressed during the divorce case itself, so they cannot be put into a prenup in advance.
Focus on the child's best interests
Part of the reason for this is that courts are looking for custody solutions that put the children's best interests first. They often believe that this means couples should share custody unless there is a compelling reason to give just one parent sole custody rights.As such, if one person tried to give up their custody rights in a prenup, the court may determine that doing so was not actually in the child's best interests. As a result, the prenuptial agreement would not stand, and the court could issue a different custody order.Prenuptial agreements can be very useful and valuable, but it is also important to understand exactly what they can (and cannot) do and how to use them. It can help to work with an experienced family law attorney at this time.
]]>On Behalf of Del Re Law Group, P.C<![CDATA[Can you challenge the breathalyzer result in court?]]>https://www.daviddelrelaw.com/?p=492302026-06-12T12:32:47Z2026-06-17T12:31:41ZGrounds for breath test exclusion
Illinois law requires officers to follow specific steps before giving a breath test during a DUI stop. One of the most important rules involves the 20-minute observation period. During this time, the officer must watch you closely to confirm you do not eat, drink, vomit or place anything in your mouth that could alter the sample.
The officer who administers the breath test must also hold a valid Breath Analysis Operator license. If the state cannot show that the officer held current credentials, the breath test results may be excluded from evidence entirely.
Doubts about device accuracy
Breathalyzer devices need routine calibration and upkeep to produce dependable readings. The Illinois Administrative Code sets schedules and methods for testing these instruments, and agencies must keep detailed maintenance records.
The device itself must also appear on the list of approved instruments kept by the National Highway Traffic Safety Administration. If the device used during your stop had a known history of mechanical problems or software glitches, that record might become part of the defense.
Causes behind a false reading
The following medical conditions and outside variables can push a breathalyzer reading higher than your true blood alcohol concentration (BAC):
Acid reflux or GERD, which may push stomach contents and mouth alcohol toward the device
Diabetes or a low-carb diet, which might raise acetone that the machine reads as alcohol
Mouthwash, breath spray or cold medicine made with alcohol
Asthma inhalers and some other prescription medications
Paint, solvent or gasoline fumes in the surrounding air
If any of these factors were present during your breath test, they may support a claim that the recorded BAC did not reflect your level of impairment. Defense attorneys can use medical records and expert testimony to show how these conditions applied in a given case.
Impact on your broader defense
Challenging a breathalyzer result goes beyond the criminal DUI case itself. Under Illinois' implied consent law, you also face a statutory summary suspension if you fail or refuse a chemical test. You may petition the court to rescind this suspension within 90 days of the notice.
If a court limits or excludes the breathalyzer evidence, the state must rely on other signs of impairment. Without that numerical data, prosecutors often face a much steeper challenge in proving their case beyond a reasonable doubt.]]>On Behalf of Del Re Law Group, P.C<![CDATA[Who throws birthday parties when parents share custody?]]>https://www.daviddelrelaw.com/?p=492332026-06-17T01:13:12Z2026-06-17T01:13:12ZCooperative planning can be helpful
Technically, parents who share custody may have the option of each hosting a birthday party for their children. This arrangement can be beneficial in cases where parents live far from one another or have particularly high levels of conflict.
For some families, having the party at the child’s primary residence hosted by the parent who lives there is the simplest solution, especially if the other parent rents a much smaller living space. Parents can also alternate party responsibility every other year.
They can even agree to have a third party host the get-together so that everyone feels like they have equal footing during the celebration. Parents can also potentially coordinate gifts to avoid competing with one another or causing a scenario where the child receives the same gift from each parent.
Birthdays are a common source of conflict when parents share custody after a divorce, but planning can reduce opportunities for conflict. With the right rules, birthdays can be fun for children, instead of a source of stress. Creating the necessary framework in advance to guide special days, such as birthdays, can make shared child custody easier for parents to manage.]]>On Behalf of Del Re Law Group, P.C<![CDATA[Protecting your IID from heat and sun this summer]]>https://www.daviddelrelaw.com/?p=492312026-06-10T15:38:57Z2026-06-10T15:38:57ZAs we head into summer, anyone who has an ignition interlock device (IID) installed in their vehicle needs to be aware of the precautions they need to take to prevent damage from the heat and sun. While Illinois doesn’t have the daily extreme summer temperatures of parts of Arizona and Nevada, they do reach well into the 90s.
As most people know, an IID is a Breathalyzer-type device that connects to a vehicle’s ignition. The driver must blow into it to show that they have not been drinking before the vehicle will start. Here in Illinois, an IID is typically required for anyone who is convicted of DUI to be able to get a driver’s license – albeit one that requires them to drive a vehicle in which an IID has been installed.An IID that is damaged by heat or sun may stop working completely, which means the driver will have to get a new one. That’s an added cost to the other financial losses they’re already facing. Heat could also cause an IID to malfunction and report a “false positive.” That could potentially lead to the complete loss of driving privileges and other penalties.
Simple steps you can take
You can help keep your IID working throughout the hot summer months by doing the following:
Put sunshades on your windshield and windows to block the sun when you park outside.
Put a lightweight protective sleeve over it to shield it from the sun. A kitchen towel or anything made from a lightweight (and light colored) fabric can work.
If your IID has a removable mouthpiece, take it off and keep it with you when you leave your car.
Keep the windows of your vehicle cracked when you park it – especially outside – to allow some air to circulate.
Knowing what not to do is equally important. For example, don’t aim a fan at your IID or put an ice pack on it. It’s also important not to leave the vehicle running so that the air conditioning stays on if you just have to get out for a few minutes. You could miss a rolling retest, which counts as a violation. Of course, needing an IID to drive legally is just one of the many consequences of a DUI conviction. The state takes all DUIs – including first offenses – seriously. That’s why it’s wise to get legal guidance if you’re facing a DUI charge to protect your rights and help you work to minimize the consequences.]]>On Behalf of Del Re Law Group, P.C<![CDATA[Co-parenting and extracurriculars: 2 tips for co-parents]]>https://www.daviddelrelaw.com/?p=492272026-05-26T17:28:22Z2026-05-26T17:28:22ZParents who are going through a divorce have to ensure their children have what they need, even during this major life upheaval. There are many factors to consider, one of which is the child’s participation in extracurricular activities.
For many children, extracurricular activities are a time to enjoy a favorite activity with friends. They learn new skills, often ones far beyond the ones you’d normally think of when your mind turns to a specific activity. A child who’s able to continue their favorite activities when they’re going through the change that comes with their parents divorcing often feels more stable than they would if they were pulled out of those activities. Because of this, many parents opt to try to keep the children in those activities, but that requires planning and cooperation.
1. Expenses for the activity
The expenses for the activity are a consideration since the parents will have to decide if one parent will pay them or if they will be split. If they will be split between the parents, there should be something in writing that outlines how this will happen. For example, one parent may pay the fees and then receive a reimbursement from the other parent for their share. These agreements are usually included in a parenting plan instead of a child support order.
2. Transportation and support
Getting the children to and from the activity can be time-consuming, depending on how often they meet and where they go. Determining how to handle that is critical. Additionally, if the activity has shows, meets, competitions, games or anything similar, parents should decide on the rules for attending those. Everything related to the children should be placed in a parenting plan, so both parents know what to expect. This can be complex, so it may be beneficial to work with someone who can assist with setting everything up in a way that’s best for the children. ]]>On Behalf of Del Re Law Group, P.C<![CDATA[Special consideration for divorcing business owners]]>https://www.daviddelrelaw.com/?p=492252026-05-13T15:22:00Z2026-05-13T15:22:00ZThe family business is likely a source of pride because of the hard work that went into building it. That same business can become one of the most contentious issues if the business owners go through a divorce.
There’s a chance that one business owner is more intimately familiar with the company’s finances than the other owner. That can give the spouse in-the-know an advantage during the divorce.
Business finances are important during a divorce
The business finances are important factors during a divorce because they can directly impact the property division. When one spouse doesn’t know about the finances, there’s a chance that the other spouse may use the business to hide money or other assets. In some cases, the business starts to report a significant reduction in income that happens to coincide with the divorce. This is known as sudden income deficit syndrome, which is often difficult to unearth. There are many ways that the spouse who is familiar with the finances may hide income or profits. They may create false vendor accounts to funnel money through or they could keep cash payments off the books so there’s no record of them. The issue with this phenomenon is that it can lead to the property division settlement being unfair. The spouse who’s hiding assets could walk away with a larger portion of the marital assets, all because they hid business income or assets. Because of the risk of sudden income deficit syndrome, a small business owner who’s going through a divorce and who isn’t familiar with the finances of the company should work with someone who understands these situations. It may be necessary to have other professionals, such as a forensic accountant, on the divorce team to help find accurate records for the company.
]]>On Behalf of Del Re Law Group, P.C<![CDATA[Managing loneliness effectively can lead to a fairer divorce]]>https://www.daviddelrelaw.com/?p=492232026-04-30T22:28:45Z2026-04-30T22:28:45ZTaking thoughtful action
If you and your spouse are going your separate ways, know that learning to manage loneliness effectively can help you to achieve a fair divorce settlement.
Addressing loneliness does not mean ignoring your emotions. It means finding constructive ways to support yourself while the legal process unfolds.
Maintaining structure in your daily life can make a big difference. Regular routines, physical activity and social engagement can help stabilize your mood and improve your ability to make thoughtful decisions. Even small steps, like scheduling regular check-ins with someone you trust, can create a sense of meaningful connection.
From a legal standpoint, emotional balance supports better outcomes. When you are not making decisions from a place of isolation or urgency, you are more likely to evaluate options carefully and advocate for what is fair. This can be especially important in negotiations involving property division, support and parenting arrangements.
Divorce is a period of change, and loneliness is a natural part of that experience. By actively managing it, you can more effectively protect both your emotional well-being and your legal interests, helping you move toward a resolution that is in your best long-term interests.]]>On Behalf of Del Re Law Group, P.C<![CDATA[Is it a good idea to sleep it off in your car?]]>https://www.daviddelrelaw.com/?p=492222026-04-23T13:01:32Z2026-04-28T13:00:30ZImagine that you’ve just finished a night out, had a few drinks and feel that you should not drive home. The responsible choice seems clear right? Sleep in your car until you sober up. However, this decision could lead to serious legal consequences in Illinois. Police can charge you with DUI even when you never actually drive the vehicle.
How sleeping in your car creates legal risk
Illinois DUI law does not require actual driving for prosecutors to file charges. The law focuses on whether you had "actual physical control" of the vehicle while impaired:
Keys in the ignition: Starting the engine or even having keys in the ignition suggests you could drive at any moment and may establish physical control.
Driver's seat position: Sitting behind the wheel creates a stronger case for physical control than sleeping in the back seat.
Engine running: Operating the engine for heat or air conditioning demonstrates active vehicle control and increases your legal exposure.
Location of the vehicle: Parking in a traffic lane versus a parking lot may influence how courts view your situation.
Police officers who find you sleeping in a parked car can still arrest you for DUI based on these factors. Courts consider the totality of circumstances when determining whether you maintained physical control of the vehicle.
Better alternatives to consider
Several options carry less legal risk than sleeping in your car. You could:
Call a rideshare service, taxi or sober friend to get home safely
Take public transportation depending on your location and the time of night
Avail of free ride programs specifically designed to prevent impaired driving
If you face DUI charges for sleeping in your vehicle, the specific facts matter significantly. Where you sat, whether the engine was running and where you parked all influence potential defenses. Legal representation can help you challenge these charges and protect your driving privileges and criminal record.
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