Illinois Drunk Driving Defense Find a DWI DUI Drunk Driving Lawyer in your state. Sponsor Attorney Andy Sotiropolus : Is Your Prosecuting Attorney Duping You? Even though you've been arrested for DUI, you don't have to let itruin your life. You may not realize it yet, but if you are thinkingabout simply going to court and pleading guilty to your DUI charge youmay be cheating yourself. You see, a qualified attorney can reviewthe case for defects, suppress evidence, compel discovery of suchthings as calibration and maintenance records for the breath machine,have blood samples independently analyzed, obtain expert witnesses all of which may help you to win your case at trial. To find outwhat you need to know about your DUI arrest I've developed a websiteto give you a wealth of useful information . . . information which willshow you how you may be able to save your license and your freedom . .. and possibly avoid fines, fees, and sharply increased car insurancecosts of as much as $6,800. For the most part, my easy-to-navigatesite has information on it which you can't get anywhere else unless youare willing to do a great deal of legal research. When you're on mysite, you'll also learn how you can get a free, no-obligationconsultation where I'll review your case and show you how I may be ableto save your license and your freedom. Illinos DUI DrunkDriving Defense Information Search for Illinois DUIDefense Attorneys by County Illinois Secretary of State "Driving Under the Influence" is defined as operating a motor vehiclewhile impaired by alcohol, other drugs or intoxicating compounds. InIllinois, a driver is legally considered to be under the influence ifhe/she has a blood-alcohol content (BAC) of .08 percent or greater, hasused any illegal substance, or is impaired by medication. A driver'sBAC is based on the ratio of alcohol to blood or breath. However, anindividual showing alcohol levels between .05 and .08 percent may beconvicted of DUI if additional evidence determines that the driver wasimpaired. Attorney Offices by Municipality Altamont Taylor LawOffice :During the past few decades, a crusade throughout Illinois and the nation has developed to take the necessary stepsto enact laws to deal with the problem of drunk driving. Whilealmost every state has toughened its laws on drinking and driving,Illinois has taken a leading role in enacting thesetougher laws. For many years, Taylor Law Offices, hasdefended clients facing Driving Under the Influence orDriving While Intoxicated charges. A person charged with DUI is well-advised to retain the services of an attorney torepresent him during the hearing process and possible requests fora judicial driving permit. The consequences of a DUI conviction are harsh, ranging from losing driving privileges, tostiff fines, to a potential prison sentence.Automobile companies have access, under law, to thedriving records of Illinois motorists, and when they learn of DUIconvictions or license suspensions, insurance cancellation ispossible, with new coverage able to be obtained only at a sharply increased price. Arlington Heights Dan Robin : In todays world, there is zero-tolerance for drunk driving. Traffic deaths and injuries associated with drunk driving have led most states to decrease the acceptable blood alcohol level for driving. Unlike Otis on the Andy Griffith Show, its unlikely you will get away with a slap on the wrist and a wink of the eye.Today, the circumstances surrounding a DUI can mean the loss or suspension of your license, insurance coverage problems, loss of employment, even jail. Judges and prosecutors have little patience with a crime that is seen as entirely preventable and indicative of a disregard of public outrage. John Vojta :Although most people don't think of them as crimes, trafficviolations can have serious criminal consequences. Thesetraffic-related cases can become part of a criminal record, and itis crucial to have experienced legal help. A license suspension canhappen when a driver receives several minor tickets or, in somecases, one serious ticket. A conviction of a traffic offense suchas reckless driving, speeding, or driving with a suspended licensewill result in fines and may affect your driving record andincrease your insurance rates. Brian Crowley :When you are charged with a crime, you encounter serious concernsabout your future and the future of your family. Aurora Don Zuelke :Some traffic offenses result merely in a fine; others may result insuspension or revocation of one's driver's license or even jailtime. Among the most serious traffic offenses are driving under theinfluence or alcohol or drugs (DUI) and driving on a suspended orrevoked license, especially where the suspension or revocation isbased on a DUI. The legislature continues to increase the penaltiesand other consequences for these offenses, and has increased thecircumstances under which one can be charged with felony trafficoffenses. Good legal representation is important to ensure thatyour rights are protected if you are charged with a serious trafficoffense. Barrington Joseph Lucas :If you have had too much to drink and do not want to drive yourcar, do not sleep off the effects of the alcohol in your car. TheIllinois Supreme Court has found that a man who was sleeping in hiscar with the car running and a blood-alcohol level of 0.18 wasguilty of driving under the influence. At trial, the defendant wassentenced to one year of court supervision and a $250 fine. Batvia Covey Law Office: The following are just a few of the available defenses in DUI cases. Driving. The prosecution must prove you were driving; Probable cause. Evidence must be suppressed if the officer did not have legal cause to (1) stop, (2) detain, and (3) arrest; Miranda; Implied consent warnings; "Under the influence"; Blood-alcohol concentration; Testing during the absorptive phase; Retrograde extrapolation; Regulation of blood-alcohol testing; and License suspension hearings. Bloomington Cambridge Telleen, Horberg, Smith & Carmen : If the government is trying to convict you of a crime, you need an experienced attorney to protect your rights. Carbondale Hugh Williams : Any one arrested for driving under the influence of alcohol and/or other drugs (DUI/DWI) must undergo an alcohol and drug evaluation before a judicial driving permit (JDP) can be granted by the Court, sentencing can occur for the DUI offense, or restricted or full driving privileges can be granted by the Office of the Secretary of State.The purpose of the evaluation is to determine the extent of the motorists alcohol and/or drug use and its associated risk to current or future public safety. The following areas are reviewed: the motorists driving history, chemical test results (BAC), Objective Test score and category, and the interview with an evaluator.The focus of the interview is past and current alcohol and drug use, as it relates to your driving history. Motorist responses are checked against the driving record, the Objective Test score, the results of chemical testing, and possibly other corroborative sources.Inconsistencies must be reconciled between the motorist and evaluator. If not, the evaluation will have no validity and could result in the following: Denial of driving privileges by either the Court or the Office of the Secretary of State.Requests by the Court or the Office of the Secretary of State to have the motorist undergo another evaluation at the motorists expense.Delay of sentencing for the DUI or a delay in consideration for judicial driving privileges by the Court or restricted or full driving privileges by the Office of the Secretary of State. Cary Loringo LawOffice:DUI/DWI Traffic violations can have serious criminal consequences,particularly when a driver is accused of driving under the influence. Aconviction on DUI/DWI charges may result in fines, the revocation orsuspension of your driver's license, and possible jail time. Inaddition, your insurance company may increase your rates to anunmanageable level. In defending against an impaired driving charge,you have many rights as a criminal defendant, including the right tocross-examine the witnesses against you, even if they are policeofficers. An experienced criminal defense attorney can make all thedifference in such a difficult case. RaymondHenehan :Traffic violations can have serious criminal consequences,particularly when a driver is accused of driving under theinfluence. A conviction on DUI/DWI charges may result in fines, therevocation or suspension of your driver's license, and possiblejail time. In addition, your insurance company may increase yourrates to an unmanageable level. In defending against an impaireddriving charge, you have many rights as a criminal defendant,including the right to cross-examine the witnesses against you,even if they are police officers. An experienced criminal defenseattorney can make all the difference in such a difficult case. Champaign Thomas A. Bruno and Associates :Illinois law provides that it is a "Class A" misdemeanor todrive with 0.08% BAC or greater, regardless of whether yourability to drive is impaired. This was changed from theprevious 0.10% effective July 3, 1997, as Illinois became the14th state to lower its level from 0.10% to 0.08%. It is alsoillegal to drive when your ability to do so is impaired byalcohol and/or drugs, regardless of your BAC. Chicago Crystal Lake Rolls & Kililis : You have the right to plead not guilty and demand that the State prove you guilty beyond a reasonable doubt. You are entitled to a trial by jury or a bench trial before a judge. You may also attempt to work out a resolution of your case with the prosecutor and enter a negotiated plea. The judge must approve the sentence. You may also enter a blind plea, with no recommendation from the prosecutor, and have the judge impose a sentence. James Bishop :A class A misdemeanor punishable by a fine of up to $2,500, pluscourt costs, and a term of incarceration in the County Jail for upto 365 days. Conviction will result in your driving privileges beREVOKED for not less than one year and usually for 3-5 years. Whena drivers license is revoked, a driver is not eligible for arestricted, probationary or hardship or any other form of license.After multiple DUI convictions, a subsequent charge of DUI can beupgraded to a felony, aggravated driving under the influence. Decatur Burger, Fombelle &Zachry:... exploiting the weaknesses of field sobriety tests and anunderstanding of the limitations of breath and blood analysis. Paul Chiligris : After you get a DUI, you will need to do a number of things. First of all, you will need to obtain a drug and alcohol evaluation. This is an evaluation performed by an evaluator licensed by the Illinois Department of Alcohol and Safety. The purpose of the evaluation is to determine what level of risk you are in driving under the influence of alcohol again and perhaps hurting someone, and what type of treatment and/or education you will need. You need to obtain the evaluation before being allowed to receive a Judicial Driving Permit. You are only allowed a Judicial Driving Permit if you are a first time offender. Des Plaines Fagan, Fagan &Davis :Illinois DUI law is extremely complex, and should be handled by anIllinois attorney competent in DUI ( drunk driving ) defense. Eachjurisdiction has different procedures for DUI or drunk driving. AChicago DUI presents different situations than a DUI in Lake countyor DuPage county. Summary Suspension of your Driver's License whichresult from your DUI arrest are also dealt with differently. Forexample, in a Chicago DUI a completely separate file exists forpurposes of addressing license suspension issues, and failure torecognize this seemingly simple difference can have an importantadverse impact on your drivers license. Before you walk into court,your attorney had better know the difference, because not knowingcan be very costly. East Alton Delaney Law Office :I strongly recommend that everyone charged with thisoffense obtain competent legal counsel. There are actuallyonly a few attorney's in our area who have even tried a DUIbefore a jury, and since I'm among that group, I have totell you that it is a different sort of trial than aFelony, as the Jury, generally, is more harsh to the DrunkDriver, than they are to the common thief. East Moline Richard Zimmer: DUI - If you are facing drunk driving charges, you need an experienced criminal defense lawyer making sure your constitutional rights are protected. Effingham Sutterfield Law Office: No area of the law has been subjected to more public scrutiny than Driving Under the Influence ("DUI") laws. Special interest groups have publicly lobbied about the dangers of drunk driving and politicians have responded by implementing harsh penalties for DUI offenders. The DUI offender also faces high insurance costs (if insurance is available). Therefore, a strong, aggressive defense is a necessity. Elgin Jonathan Carbary : Traffic violations can have serious criminal consequences, particularly when a driver is accused of driving under the influence of alcohol. A conviction of a DUI charge can result in fines, the loss of your drivers license, and possibly a jail sentence. In addition, your car insurance company may increase your rates to an unmanageable level. In defending a DUI charge, you have many rights as a criminal defendant under the law, including the right to cross-examine witnesses against you, even if they are police officers. An experienced attorney can make all the difference in such a difficult time in your life. Fox Lake Soffietti,Johnson, Teegen, Phillips & Morozin : Most people come to a lawyer for the same reason they go to a doctor: something hurts, or something isn't working right. By their very nature, most legal problems involve financial and emotional issues that can dramatically affect people's lives. Being involved in the legal system can be a stressful, frustrating, and intimidating experience for most non-lawyers. Whatever your legal difficulty, you should have an experienced and skillful attorney to represent you. Geneva Glen Ellen Brucar & Yetter : A drunk driving charge is a serious criminal charge. Most of us rely on the ability to drive to do many everyday things, such as getting to work, buying groceries, and transporting family members to activities like lessons, medical appointments, and school. A person who is charged with drunk driving stands an excellent chance of losing his or her driving privileges either temporarily or permanently, and also runs the risk of suffering more severe consequences, such as a fine or a jail sentence. If you have been accused of a drunk driving offense, contact an experienced drunk driving defense attorney without delay. You can't afford not to have expert counsel on your side. Glenville David Spada : If you are arrested and found to have a blood alcohol level of .08 percent or more in your body while operating a motor vehicle, your driving privileges will be suspended for at least three months. Repeat offenses carry more serious consequences. Grayslake Jerald Novak : If you have been arrested for a DUI, your Illinois driver's license will be suspended after forty five days if you fail to contact the Department of Motor Vehicles (DMV) within ten days of your arrest and request a hearing. Joliet Kankakee Lombard Taub & Cadiz:A DUI conviction could bring stiff fines and possible jail time. Yourauto insurance rates could go up, and you might lose your driver'slicense. Steven Mevorah :In today's society, a vehicle is a necessity. Our goal is toprotect your right to own and operate a vehicle. Our first line ofdefense is to challenge the reason that you were stopped. There arebad stops! There are many things that you need to do beforeappearing in front of a judge. We know what these things are and westrongly urge you to move quickly and contact us if you have beenarrested or cited for a traffic offense. If it is your firstarrest, our goal is make sure that you can continue driving. Forsecond offenses, the goal is often to keep you out of jail and ableto continue providing for your family. We will get you the bestshot at being able to continue driving and avoiding jail time. Butyou must move quickly. Many law firms react on behalf of theirclients to situations as they arise. That is not our way ofpracticing law. We have earned a reputation for anticipating eachstep of the legal process and informing our clients of what will behappening next, when it will happen, and how we will proceed. Fromthe time the legal process begins, we help our clients take chargeof the situation and prepare for the next proceeding. Both opposinglawyers and judges throughout Illinois know that we are alwaysprepared when we walk through the courthouse door. McHenry Scott Bentley DUI is a serious crime. Illinois has some of the toughest DUI laws. Upon an arrest for DUI the State will seek a suspension of your driving privileges. There are ways to avoid suspension upon an arrest for DUI. Matteson Wigell &Associates :A conviction on DUI/OWI charges will result in fines, driver'slicense suspension or revocation, and possibly land you in jail. Inaddition, your insurance company may increase your rates to anunmanageable level. In defending against an impaired drivingcharge, you have many rights as a criminal defendant, including theright to cross-examine the witnesses against you, even if they arepolice officers. An experienced attorney can make all thedifference in such a difficult case. Mokena Jeffrey Segall : The police are skilled in getting defendants to talk. Do not seek justice by yourself. Do not face the possibility of a suspended license and jail time alone. Protect your rights with a defense lawyer that knows criminal and traffic law. Let an attorney with knowledge of the local court system work for you. Mt. Prospect Anthony Lombardo : A high percentage of cases are plea-bargained because most individuals (first offenders) will submit to chemical testing with the result generally in the mid to high teens thus creating a presumption in favor of the prosecution and against the individual. William Walters :Drunk driving is also known as driving under the influence. InIllinois, drunk driving is a class A misdemeanor punishable by upto one year in jail or a $2,500 fine. Equally important, aconviction for DUI causes your driving privileges to be revoked. Murphysboro Fertel Law Office : What you should know if you are stopped for DUI: DRIVING UNDER THE INFLUENCE (DUI) It is illegal to operate a vehicle in Illinois with a blood alcohol content (BAC) of .08 or greater. A driver can also be charged with DUI for driving under the influence of other drugs. These may be legal or illegal substances that cause impairment to the driver. When you drive in Illinois, you agree to submit to testing for alcohol or drugs. If you refuse to do so you may be sentenced to a longer suspension of driving privileges than if you had tested over .08 and your refusal can be used as evidence against you. SUSPENSION OF DRIVER'S LICENSE The temporary withdrawal by formal action of the Secretary of State of a person's license or privilege to operate a motor vehicle on the public highways, for a period specifically designated by the Secretary. REVOCATION OF DRIVER'S LICENSE A revocation is the loss of driving privileges with no guarantee of reinstatement. An individual may apply for reinstatement at the end of the revocation period. An administrative hearing, remedial education, recent alcohol/drug assessment, substance abuse treatment and payment of applicable fees also are required. If approved, reinstatement requires retesting and fees for a new driver's license. PROBATIONARY LICENSE TO DRIVE A conditional license granting full driving privileges during a period of suspension. JUDICIAL DRIVING PERMIT A permit granted at the discretion of the State that permits a driver to drive for the purpose of employment, receiving drug treatment or medical care, and educational pursuits, where no alternative means of transportation is available. This is only granted to first time offenders. STATUTORY SUMMARY SUSPENSION When a person's privilege to drive a motor vehicle on the public highways has been summarily suspended for DUI, his or her driver's license shall be suspended: 1. Three months from the effective date of the statutory summary suspension imposed following the person's submission to a chemical test which disclosed an alcohol concentration of 0.08 or more. 2. Six months from the effective date of the statutory summary suspension for a refusal or failure to complete a test or tests to determine the alcohol, drug, or intoxicating compound concentration. 3. One year from the effective date of the summary suspension imposed for any person other than a first offender following submission to a chemical test which disclosed an alcohol concentration of 0.08. 4. Three years from the effective date of the statutory summary suspension for any person other than a first offender who refuses or fails to complete a test or tests to determine the alcohol, drug, or intoxicating compound concentration. PENALTIES If blood alcohol level is greater than .08 but less than .16 the following penalties apply: First conviction - A person convicted of DUI for the first time is guilty of a Class A Misdemeanor unless certain factors exist to enhance the punishment. Upon conviction for a Class A misdemeanor, the court is authorized to impose any of the following penalties: imprisonment for up to 364 days, probation or conditional discharge for up to two years, statutory summary suspension of license, and fines. Second Conviction - A second conviction for the offense of DUI within five years of a previous violation for DUI requires a mandatory sentence of a minimum of five days of imprisonment or 240days of community service, statutory summary suspension of license, fines, and driver's license revocation.. However, if a person had been previously placed on supervision for a DUI offense, this order of supervision cannot be considered as a prior conviction. Third or subsequent conviction - A third or subsequent conviction for the offense of DUI requires a mandatory sentence of a minimum of 10 days in jail or 480 days community service, statutory summary suspension of license, fines, and driver's license revocation. If blood alcohol level is greater than .16 the following penalties apply: First conviction - a mandatory minimum of 100 hours of community service and a minimum fine of $500. Second Conviction - a mandatory minimum of 2 days of imprisonment and a minimum fine of $1,250 for a second conviction within 10 years. Third conviction - Class 4 felony. A mandatory minimum of 90 days of imprisonment, and a minimum fine of $2,500 for a third conviction within 20 years. Fourth conviction - Class 2 felony. A minimum fine of $2,500 for a fourth conviction. Not eligible for a sentence of probation or conditional discharge. The statute provides for enhanced punishment for a person who is convicted of DUI while his or her driving privileges are suspended or revoked for violation of DUI or having been the driver of any vehicle involved in a motor vehicle accident resulting in personal injury to or death of any person. Your Constitutional Rights Silence. You have a right to remain silent because anything you say can and will be used against you in a court of law. Do not tell the police whether you drank alcohol or ingested any illegal substance. Legal Assistance. You have the right to consult with a lawyer. The lawyer may be present when you are questioned. Security. You have the right to be secure from unreasonable searches and seizures. This includes your body and your vehicle. You do not have to get out of your car unless ordered to by the police. Your Statutory Obligation Produce Driver's License. If the police officer asks to see your driver's license, vehicle registration, and proof of insurance, you must produce them. DO's and DON'Ts DO be polite and courteous DO have your driver's license, vehicle registration, and proof of insurance ready to show to the police. DO ask to speak to an attorney. DON'T answer any police questions. DON'T volunteer any information or engage in small talk. DON'T do field sobriety tests [balance tests]. DON'T sign anything. Naperville Ryan & Kavvadias : In the last twenty years, the penalties for drunk driving have become far more severe than they were in the past. First-time offenders face potential jail time and fines, although often the penalty for a first-time offense will be something less than jail time in exchange for a guilty plea. Repeat offenders are usually treated more harshly, with substantial fines and mandatory jail sentences that may not be suspended or waived by the court. State administrative regulations often call for suspension or revocation of a defendant's driver's license in addition to any criminal penalty. Defendants have sometimes tried to make the argument that this administrative suspension is double jeopardy prohibited by the U.S. Constitution, but these arguments have never succeeded. PhillipNathe : CriminalDefense There is an inequality of power and materialresources in the criminal justice system. The government has alarge staff of lawyers, police and agents, sophisticated crime labsand experts, and a huge budget provided by the taxpayers. Thisgives them a tremendous advantage because the legal system is basedon the premise that "the whole truth" is that presented at thetrial. If a defendant cannot challenge the government's case, orsubmit his or her own witnesses, then the jury by default willprobably accept as true whatever evidence the prosecutor produces. Northbrook John Greenwood : Drunk driving charges or accusations are no laughing matter. In today’s society, the penalties for DUI and drunkdriving are very large, including possible jail time and hefty monetary fines. Do not stand idly by while judgment is passed upon you. Leniency may be shown tofirst time drunk driving offenders. We can assist you in all aspects of your DUI case and stand by you throughout theprocess. There are many aspects to be analyzed in a case of driving under the influence,including: Suspension of your driver's license Illegal stop andsearch Blood alcohol content Field sobriety test Breathalyzertest Steven Rapaport: A trial court generally has the power to determine whether a defendant's sentences for multiple offenses will be concurrent or whether they will be consecutive or cumulative. However, there are limitations on the trial court's power. Such limitations include whether the offenses arose from the same criminal episode, the type of the offenses, and whether the defendant committed the offenses while he or she was incarcerated. Addis, Greenberg & Schultz : When you are accused of a crime, you find yourself in a frightening and stressful situation. No matter how minor the charge may seem, you should be represented by knowledgeable, competent counsel, who can work through the criminal justice system, give you zealous representation, and minimize the impact of the proceedings on your life. If you have been accused of a crime, or if you know someone who has been accused of a crime, do not delay in contacting an experienced criminal defense attorney. Northfield Paul Chatzky :Many state laws require criminal defendants to pay restitution totheir victims and/or to the state for harm directly caused by thedefendant's crimes. Such laws are generally enacted to providecompensation for a broad array of costs resulting from crimes suchas fraud, personal injury, death or property damage. Whendetermining costs, courts often consider victim expenses resultingfrom, among others, the inability to be gainfully employed;physical and/or psychological rehabilitation; and burial expenses.Sometimes, where feasible, defendants may be ordered to returnproperty. Northlake John Gallagher: Charges of Driving Under the Influence (DUI) can lead to real problems with your driving privileges, as well as criminal penalties. Oak Brook Oakbrook Terrace Palantine, Park Ridge, Peoria Rockford, Rolling Hills, Round Lake Beach, Schaumberg, Skokie Springfield Waukegan West Peoria Lowe & Groezinger:DUI is a serious charge that can have serious consequences. Aconviction can damage your reputation, threaten your career, andrevoke your independence behind the wheel. The financialconsequences can also place a great deal of strain on mosthouseholds. With an experienced attorney by your side, however, youwill gain peace of mind and survive the court system. Wheaten Wood Dale John Ellsworth: Any of the following can severely impact the results of tests conducted during a typical DUI arrest. For instance: Breathalizer Machines often give false readings. Police car lights can create nausea and disorientation. Medications can cause side effects that resemble intoxication. The pitch of the road can impair your balance. Woodridge MarcWolfe :Traffic violations can have serious criminal consequences,particularly when a driver is accused of driving under theinfluence. A conviction on DUI charges may result in fines, therevocation or suspension of your drivers license, and possiblejail time. In addition, your insurance company may increase yourrates to an unmanageable level. In defending against an impaireddriving charge, you have many rights as a criminal defendant,including the right to cross-examine the witnesses against you,even if they are police officers. Woodstock Caroline S.Zoes :In my mind, there is no other criminal act that has caused somany state legislatures to pass so many laws whittling away ata driver's rights than the offense of driving whileintoxicated. If you are convicted one of this offense inIndiana, in addition to any criminal penalties assessed, theCourt SHALL recommend suspension of your driving privileges forat least 90 daysand up to two (2) years RETURN TO DRUNK DRIVING DEFENSE
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