Del Re Law Group, P.C.Del Re Law Group, P.C.2026-09-21T15:42:58Zhttps://www.daviddelrelaw.com/feed/atom/WordPressOn Behalf of Del Re Law Group, P.C<![CDATA[When are DUI charges most likely?]]>https://www.daviddelrelaw.com/?p=493902026-09-19T13:14:31Z2026-09-19T13:14:31ZTechnically speaking, DUI charges can happen at any time of day. Police just need to have reasonable suspicion to pull a driver over, and then they need to gather evidence of impairment, such as the results of field sobriety tests or a breath test. People do get arrested at any time of day, and on any day of the week.
That said, there are some notable trends. For example, reports from nearby Minnesota indicate that 61% of arrests happen over the weekend. Additionally, the arrest rate starts going up after 9 p.m., peaking at around 1 a.m., but staying at an elevated level until 2 a.m. In other words, the majority of these drunk driving arrests are happening late at night or in the early morning hours, often on Friday, Saturday or Sunday.
Alcohol-impaired accidents
This report is from Minnesota, but a similar trend can be expected in Illinois. Although Illinois has not produced the same documentation regarding arrests, the state does track alcohol-impaired accidents.When looking at fatal accidents caused by alcohol, they were most common starting at midnight and running until 3 a.m. Again, this indicates that the early morning hours are some of the most common times for DUI incidents to occur, whether these are arrests or crashes.Impairment from other substances, like marijuana, happens a bit differently. Illinois found that most of these accidents were between 3 p.m. and 6 p.m. Impaired driving from cannabis products appears to be much more likely in the afternoon than it is late at night.
Your defense options
Understanding when and why impaired driving arrests happen can be useful, and those who are facing serious charges also need to be aware of all of the legal defense options available to them at this time.]]>On Behalf of Del Re Law Group, P.C<![CDATA[3 co-parenting tips to survive the school year]]>https://www.daviddelrelaw.com/?p=492712026-09-09T02:32:56Z2026-09-15T02:32:34ZIllinois kids are headed back to school, and families are readjusting to the school year routine this month. When you share parenting time with your child’s other parent, it may take a little more work and preparation to keep things moving smoothly during this transition, and throughout the year.
Here are some helpful steps co-parents can take to navigate this school year.
1. Stay on top of the schedule
The school year is a busy time for your child. On top of hours of learning and homework, they may also have extracurriculars they must attend. It is important for you and your co-parent to be aware of the time commitments regarding your child’s activities, so you can factor that information into your own schedules. Most importantly, you will want to ensure the arrangement of all your schedules adheres to your parenting time schedule and agreement.
2. Strategize for school events
On top of extracurricular sports games or musical performances, the calendar of this school year will also include various events, such as parent-teacher conferences and even graduation celebrations at the end of the year. Along with the every day schedules, co-parents must also address how they will approach these events. For example, will you be attending parent-teacher conferences together? Or will you be arranging separate times?
3. Check in on your child regularly
This step is especially important if your divorce is fairly recent. Your child may still be adjusting to the changes in their home life, and school might add even more pressure. Keep an eye out for common signs of stress in children, such as:
Withdrawing from friends and family
Significant changes in habits and behavior
Emotional outbursts
Struggling in school and falling grades
Staying connected with your child can help you catch these signs early and protect their wellbeing. This year might bring new challenges for your child, and your whole family. Planning ahead and communicating effectively can help you all have a successful school year.]]>On Behalf of Del Re Law Group, P.C<![CDATA[Spending changes and the dissipation of marital assets]]>https://www.daviddelrelaw.com/?p=492602026-09-03T14:10:23Z2026-09-03T14:10:23ZIf you are moving toward a divorce, it is important to gather financial documentation. You and your spouse are likely going to have to split up marital assets, and this may mean making financial disclosures to the court. Documentation like bank statements, credit card statements or tax returns can be used to show what you and your spouse have earned and what you own.
While doing this, one red flag that you may want to look for is if there have been any significant spending changes. Your spouse is allowed to spend money in a normal fashion during the divorce process, such as paying for transportation, housing, food and other normal necessities. But if their spending has significantly increased, it could mean they are trying to dissipate your marital assets.
Why would they do this?
This is a tactic that people sometimes use to keep financial assets out of property division.For instance, perhaps you are a stay-at-home parent, so you have very limited access to income. Meanwhile, your spouse is a high earner with a six-figure job in the tech industry.Ordinarily, you would have to split your marital assets, which include the income they earned during the marriage. But they may decide to spend as much of the saved money as possible so that there is less to divide with you. They know that they can simply use their high-paying job to earn that money back after the divorce, but that you will not be able to do so.Naturally, this can infringe on your rights to marital assets that you deserve. If you notice evidence of dissipation or hidden financial assets, it is important to know what steps to take to preserve your access to these assets. An experienced divorce attorney may be able to help.
]]>On Behalf of Del Re Law Group, P.C<![CDATA[Can a child choose which parent to live with?]]>https://www.daviddelrelaw.com/?p=492552026-08-20T23:18:58Z2026-08-20T23:18:58ZWhen parents separate or divorce, one of the biggest concerns is where the child will live. People often ask if the child can decide which parent they want to live with.
While a child may have a strong preference about where they want to live, that doesn’t automatically determine the outcome of a parenting case. Instead, courts focus on the child’s best interests.
Determining what is in the child’s best interests
Illinois courts consider many factors when making parenting decisions, such as:
The child’s needs and each parent’s ability to meet those needs
The child’s relationship with each parent and each parent’s willingness to promote a relationship between the child and the other parent
Any history of domestic violence or abuse
The mental and physical health of the parents
Each parent’s ability to provide a safe and supportive environment
There is no magic age at which a child can choose their residence. Still, a judge may give greater weight to a teenager who can explain a preference and provide reasonable, independent reasons than a young child’s preference.Children’s preferences can change as they grow older. They may want to spend more time with one parent because of a change in school, extracurricular activities or other personal circumstances. However, a change in preference doesn’t automatically modify an existing parenting order. A change may require requesting a modification through the court.Parents can sometimes reach an agreement about changes to the parenting arrangement. Such an agreement can make the process easier, but the change still needs to be incorporated into a court order to become legally enforceable. Whether your child wants to live primarily with you or the other parent, it’s important to understand your legal rights and responsibilities. Discuss your circumstances with a legal professional who can help protectyour parental rights while keeping your child’s best interests at the center of the process.]]>On Behalf of Del Re Law Group, P.C<![CDATA[Who gets the family home during a Lake County divorce?]]>https://www.daviddelrelaw.com/?p=492462026-08-17T13:55:53Z2026-08-20T13:54:58ZUnderstand marital vs. nonmarital property
Before dividing any assets, you must determine the legal classification of your house. In most cases, a home purchased during the marriage is considered marital property: This is true even if only one name is on the deed or the mortgage.
If you bought the home before your marriage, it is generally nonmarital property. However, if joint marital funds paid for the mortgage or major renovations, the other spouse may have a right to reimbursement.
How Lake County judges divide the house
Judges in Lake County look at several key factors to make a fair decision. The court does not consider marital misconduct when dividing property. Instead, the judge evaluates:
The financial standing and future earning capacity of each spouse
The desirability of awarding the family home to the parent with primary parenting time
The contributions of each partner to the value of the home, including homemaking duties
The total value of all marital assets combined
A judge will carefully weigh these factors to determine who keeps the physical property or receives its equity.
Your options for resolving home ownership
You do not have to let a judge make this major decision. You and your spouse can negotiate an agreement. There are three common ways to handle the home:
A buyout: One spouse keeps the home, refis the mortgage, and pays the other spouse their share of the equity.
An immediate sale: The home is sold, and you split the net proceeds.
A delayed sale: One spouse remains in the home with the children until a specific milestone, such as graduation.
Resolving these home ownership choices requires a clear understanding of your long-term financial health.
Secure your residential future and peace of mind
Deciding the fate of your family home is one of the most impactful choices you will make during your divorce. Protecting your financial interest in the property requires looking at the entire marital estate, rather than viewing the home in isolation. Speaking with a compassionate Lake County family law attorney can help you understand your rights and guide you toward a stable, secure future.
]]>On Behalf of Del Re Law Group, P.C<![CDATA[Are private browser windows truly private?]]>https://www.daviddelrelaw.com/?p=492522026-08-13T02:34:08Z2026-08-13T02:34:08ZWhen people hope to keep their internet browsing away from others’ eyes, a lot of people turn to private browser windows, or “incognito” mode. For example, while shopping for a present for their spouse on a shared computer or researching information when considering a divorce, using a private browser could be a good idea.
However, many people rely too much on private browser windows, especially when they’re concerned about police intrusion.
They are not nearly as private as you think
The police can ask a court to subpoena a provider to access the information a person was trying to hide when browsing in a private window. For example, they could subpoena Meta to access messages exchanged about a planned robbery on Messenger. Or they could subpoena Google if they suspect a person had been researching the layout of the building they planned to hold up, or purchasing equipment online to carry out the robbery.
Even innocent activities can sometimes work against you
Maybe you were online researching the history of civil disobedience or protests. The police wrongly suspect you were involved in organizing a recent action and, upon gaining access to your browser history, use what they find in a case against you. Remember, a private browser window just stops others who access that particular device from seeing what you have been looking at. There is almost always still a record of your activity elsewhere. Learning more about your rights and options is wise if you suspect you are under criminal investigation.]]>On 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.]]>