Chicago DUI Lawyers
- Knight, Russell:
Injury, Criminal, Traffic, Bankruptcy, and Divorce
- Goldberg, Darryl:
In the field of criminal law, there is no substitute for hard work and careful case preparation.
- McCann, Joshua:
Being charged with a criminal offense is often a grueling and terribly stressful experience for the one being charged. A conviction can have consequences that extend well beyond the immediate out of pocket expense and loss of freedom. It can be extremely difficult to secure certain kinds of employment after even one conviction is posted on your record. The good news is that you are innocent until proven guilty! That is why it is important for anyone facing criminal charges to retain a good attorney who can advise him or her of their options and systematically exhaust every method of defense available under the law.
- Cohen, Neil:
Capital Litigation
Criminal Appeals
Driving While Intoxicated
Felonies
Homicide
Misdemeanors
RICO Defense and Commercial Law
State and Federal Criminal and Civil Trial Practice White Collar Crime
Traffic Violations
- Netzky Law Offices:
If you have been arrested or are under investigation regarding the commission of a crime, it is important to consult a criminal defense lawyer to ensure your rights are protected.
- Niesse, Jarret:
Have you been charged with a crime?
* Drunk Driving (DUI, DWI)
* Class X Felonies
* Murder
* Aggravated Assault
* Assault and Battery
* Domestic Violence/Abuse
* Drugs (Possession, Delivery of Controlled Substances)
* Drug Trafficking: Marijuana, Cocaine, Heroine, Crack Cocaine
* Assault with a Deadly Weapon
* White Collar Crimes
* Restraining Order Violations
* Traffic Violations/Reckless Driving
- Dvorak, Toppel & Barrido:
People of the State of Illinois v. A.S. (2004) - In the Twenty-First Judicial Circuit, Kane County. In a case where the client alleged the arrest was politically motivated, the client was charged with DUI, and the blood test results revealed a BAC allegedly over three times the legal limit of .08. However, Mr. Dvorak convinced the judge that the blood test results were unreliable, and the judge found the client Not Guilty.
- >Gainor, Lewis:
How Many Drinks Gets Me To 0.08?
Which Drinkers
No. Drinks In One Hour
Male, 170 lbs.
> Four
Female, 130 lbs.
> Three
* 1 drink = .54 ounces of pure alcohol*
* all of the following contain an equivalent amount of alcohol:
o 1 can of beer
o 1 glass of wine
o 1 shot of liquor
* * The amount of alcohol in a poured/mixed drink is dependent on the type of drink and the person who pours it.
Illegal Transportation/Open Container
* Maximum $1,000 fine and point-assigned violation on driver's record.
* 1-year driver's license suspension or revocation for a second conviction within 12 months.
* Mandatory 1-year license suspension for an offender under age 21 for a first offense, and mandatory license revocation for a second offense.
- Kerr, Robert:
Contrary to what you may have heard, a successful defense of a DUI (or DWI in other states) charge is possible.
- Garfinkle, Hal:
In cities large and small, be they Chicago or Bolingbrook, a motorist's brush with DUI/DWI law can radically change, irreparably damage or possibly end a life in an instant.
If you have serious doubts about any aspect of your arrest for drunk driving in Chicago, Cook County or surrounding areas, you should be in touch with an experienced, skillful DUI/DWI defense attorney right away.
There is no shortage of such available legal help for those unjustly accused of DUI.
- Utreras Law Office:
If you are arrested for drunk driving, you will face a license suspension. You have a limited time to request a hearing with the Illinois Secretary of State to try and keep your license.
- Nalley, Denise:
People are afraid. But fear impedes the process of justice and people forget that an accusation is only an accusation. If you are the accused, you become acutely aware of the need for someone to speak up for you. Without a true advocate, it's a one-sided war.
- Fabbrini, James:
Most people who are arrested for drunk driving (DUI), in Illinois will be shocked to discover that if your breathalyzer reading is over a .08% or if you refuse to take a breath or blood test, your license will be automatically suspended - even before a trial is held to determine your guilt or innocence. If you possess a commercial driverÕs license (CDL), different laws and penalties apply to you. Being that your livelihood and career may depend on your driverÕs license, it is imperative that you hire an attorney immediately.
After your arrest for drunk driving (DUI), work on your defense must begin right away. You need an experienced attorney who will begin to fight to get your license back, retrieve all police paperwork in connection with the arrest, investigate the accuracy of the breath or blood tests that may have been administered, prepare evidence to convince a court to grant you a Judicial Driving Permit and, if you refused a breath or blood test, prepare for a Petition to Rescind the suspension of your license.
- Bolon, Laurence:
Have you been charged with DUI in Chicago?
You may be confused as to your options and which action to take.
- Baker, Mike:
Illinois traffic tickets, including DUI, Reckless Driving, Improper Lane
Usage, Failure to Yield, Following too closely, Leaving the scene of an
accident involving personal injury or property damage, speeding in a
School or Construction Zone carry with them possible loss of driving
privileges and increased insurance rates. Illinois traffic tickets, including DUI, Reckless Driving, Improper Lane Usage, Failure to Yield, Following too closely, Leaving the scene of an accident involving personal injury or property damage, speeding in a School or Construction Zone carry with them possible loss of driving privileges and increased insurance rates. Experienced Illinois DUI and Traffic lawyers can help minimize or prevent the penalties the State will be seeking. The loss of driving privileges can cause great hardship for many individuals. Since DUI and traffic violations affect your insurance premiums and possibly even your right to drive, it would be wise to consult with experienced attorneys before you plead guilty on a DUI charge or file for informal or formal hearing to restore your driving privileges. You may be eligible for traffic school or for a restricted driving permit or reinstatement with the Secretary of State's office.
Illinois DUI law enforcement officers are trained to look for the following symptoms of possible Illinois DUIÕs:
* Turning With Wide Radius
* Straddling Center or Lane Marker
* Appearing to be Drunk
* Almost Striking Object or Vehicle
* Weaving
* Driving on Other Than Designated Roadway
* Swerving
* Speed Slower Than 10 M.P.H. Below Limit
* Stopping Without Cause in Traffic Lane
* Following Too Closely
* Drifting
* Tires on Center or Lane Marker
* Braking Erradically
* Driving Into Opposing Crossing Traffic
* Signaling Inconsistantly With Driving Actions
* Slow Response to Traffic Signals
* Stopping Inappropiately (Other Than in Traffic Lane)
* Turning Abruptly or Illegally
* Accelerating or Decelerating Rapidly
* Headlights Off
* Odor of alcohol on breath
Standardized Field Sobriety Testing
The Standardized Field Sobriety Test (SFST) is a battery of three tests
administered and evaluated in a standardized manner to obtain validated
indicators of impairment and establish probable cause for arrest. These
tests were developed as a result of research sponsored by the National
HighwayTraffic Safety Administration (NHTSA) and conducted by the
Southern California Research Institute. The three tests of the SFST are:
the horizontal gaze nystagmus (HGN), the walk-and-turn, the one-leg
stand.
These tests are administered systematically and are evaluated according
to measured responses of the suspect.
HGN Testing
Horizontal gaze nystagmus is an involuntary jerking of the eyeball which
occurs naturally as the eyes gaze to the side. Under normal
circumstances, nystagmus occurs when the eyes are rotated at high
peripheral angles. However, when a person is impaired by alcohol,
nystagmus is exaggerated and may occur at lesser angles. An
alcohol-impaired person will also often have difficulty smoothly
tracking a moving object. In the HGN test, the officer observes the eyes
of a suspect as the suspect follows a slowly moving object such as a pen
or small flashlight, horizontally with his eyes. The examiner looks for
three indicators of impairment in each eye: if the eye cannot follow a
moving object smoothly, if jerking is distinct when the eye is at
maximum deviation, and if the angle of onset of jerking is within 45
degrees of center. If, between the two eyes, four or more clues appear,
the suspect likely has a BAC of 0.10 or greater. NHTSA research
indicates that this test allows proper classification of approximately
77 percent of suspects. HGN may also indicate consumption of seizure
medications, phencyclidine, a variety of inhalants, barbiturates, and
other depressants. Although scientific in appearance, HGN is highly
unreliable due to the lack of expertise of the officer in administering
or interpreting the test.
Divided Attention Testing
The walk-and-turn test and one-leg stand test are Òdivided attentionÓ
tests that are easily performed by most sober people. They require a
suspect to listen to and follow instructions while performing simple
physical movements. Impaired persons have difficulty with tasks
requiring their attention to be divided between simple mental and
physical exercises.
In the walk-and-turn test, the subject is directed to take nine steps,
heel-to-toe, along a straight line. After taking the steps, the suspect
must turn on one foot and return in the same manner in the opposite
direction. The examiner looks for seven indicators of impairment: if the
suspect cannot keep balance while listening to the instructions, begins
before the instructions are finished, stops while walking to regain
balance, does not touch heel-to-toe, uses arms to balance, loses balance
while turning, or takes an incorrect number of steps. NHTSA research
indicates that 68 percent of individuals who exhibit two or more
indicators in the performance of the test will have a BAC of 0.10 or
greater.
In the one-leg stand test, the suspect is instructed to stand with one
foot approximately six inches off the ground and count aloud by
thousands (One thousand-one, one thousand-two, etc.) until told to put
the foot down. The officer times the subject for a 30 seconds. The
officer looks for four indicators of impairment, including swaying while
balancing, using arms to balance, hopping to maintain balance, and
putting the foot down. NHTSA research indicates that 65 percent of
individuals who exhibit two or more such indicators in the performance
of the test will have a BAC of 0.10 of greater. The effectiveness of
SFST in court testimony and evidence depends upon the cumulative total
of impairment indicators provided by the three-test battery.
1. ILLEGAL STOP OF PERSON OR VEHICLE Ð a driver cannot be stopped unless the officer has a reasonable and articulate basis to believe that a traffic law or other law has been violated. Similarly, a person cannot be seized unless a violation has occurred.
2. WEAVING INSIDE THE LANES IS NOT ILLEGAL Ð weaving without crossing any lines is not a violation of the law, and a vehicle cannot be stopped for that reason.
3. ANONYMOUS REPORT OF DRUNK DRIVING -- a car cannot be stopped simply because an anonymous citizen reported that the driver was drunk.
4. STANDARD FIELD SOBRIETY TESTING IS INACCURATE Ð in healthy individuals, the one-leg stand test is only 65% accurate, and the walk-and-turn test is only 68% accurate in determining if a person is under the influence. Those persons with injuries, medical conditions, 50 pounds or greater overweight, and 65 years or older cannot be validly judged by these tests.
5. NON-STANDARDIZED FIELD TESTS ARE INVALID Ð neither the Federal Government (NHTSA) nor medical science considers touching your finger to your nose, or saying the alphabet, or counting backwards, as valid sobriety tests.
6. BREATH TESTING IS INACCURATE Ð virtually all experts concede that one breath test alone is unreliable. The Illinois Supreme Court has remarked that breathalyzers are not foolproof. Finally, breath testing in Illinois is subject to various inaccuracies, including a +/- 12.5% variance, non-specificity for ethanol, etc.
7. BOOKING ROOM VIDEOS Ð Many police stations videotape suspects at the police station, where their speech is clear and their balance is perfect, in spite of police testimony to the contrary.
8. IN-SQUAD VIDEOS Ð more and more often, the suspectÕs driving and performance on field tests is being recorded; often contradicting police testimony.
9. FAILURE TO PROVIDE SPEEDY TRIAL Ð If a client is not provided with a trial within 120 to 160 days of demand, through delays of the court or prosecutor, the charges must be dismissed.
10. POLICE BLOOD TEST INACCURATE Ð Many times, police blood testing fails to follow prescribed rules of testing, analysis, or preservation recommendations.
11. HOSPITAL BLOOD TEST INACCURATE Ð Hospital blood tests overestimate a personÕs true level by as much as 25% in healthy, uninjured individuals, and are not statistically reliable in severely injured persons.
12. BREATH TEST OPERATOR UNLICENSED Ð An Illinois Breath Test Operator must possess a valid, unexpired operatorÕs license, or the breath test result is inadmissible.
13. BREATHALYZER MACHINE MALFUNCTIONS Ð if there is a malfunction or repair of the breath test instrument within 62 days before or after a suspectÕs breath test, the results of the suspectÕs test are presumed invalid.
14. BREATH TEST OPERATOR LICENSE EXPIRED -- An Illinois Breath Test Operator must possess an unexpired operatorÕs license, or the breath test result is inadmissible. Licenses expire automatically every 3 years.
15. BREATH TEST DEVICE NOT APPROVED Ð A breath testing instrument must be listed on the Federal List of Approved Breath Evidential Instruments and the ISP approved list of Devices, or the results are inadmissible.
16. FAILURE TO PROVE DRIVING Ð a defendantÕs admission to driving, without more, does not prove a charge of driving under the influence.
17. INDEPENDENT WITNESSES Ð often times, independent witnesses to accidents, bartenders, hospital personnel and others can provide crucial evidence of the defendantÕs sobriety.
18. FAILURE TO MIRANDIZE Ð prosecutors may not use as evidence the statements of a defendant in custody for a DUI when the police have failed to properly issue Miranda Warnings.
19. FIELD SOBRIETY TEST IMPROPERLY ADMINISTERED Ð according to the National Highway and Traffic Safety Administration, improperly administered field tests are not valid evidence of intoxication.
20. OFFICERÕS PRIOR DISCIPLINARY RECORD Ð a police officerÕs previous disciplinary record can be used to attack the officerÕs credibility.
21. PORTABLE BREATH TEST INADMISSIBLE Ð Illinois law prohibits the use of portable breath testing results as evidence at trial in a DUI case.
22. PORTABLE BREATH TEST IMPROPERLY ADMINISTERED Ð The manufacturers of portable breath testing devices require a minimum of two tests to consider the results evidential in nature.
23. FAILURE TO CONDUCT OBSERVATION PERIOD Ð Illinois requires that a driver be observed continuously for a minimum twenty minutes prior to a breath test in order for the results to be considered admissible and valid.
24. EXPERT WITNESSES Ð Expert witnesses are available to review the validity of breath tests, blood tests and field sobriety tests.
25. MEDICAL AND HEALTH PROBLEMS -- Medical problems with legs, arms, neck, back and eyes can affect the results of field sobriety tests. Further, other medical conditions can also affect the validity of breath test results.
26. BAD WEATHER Ð Weather reports establishing high winds, low visibility, and other conditions are available to explain poor driving or poor balance.
27. LACK OF PROBABLE CAUSE TO ARREST -- A police officer must have specific and articulable facts to support any arrest for DUI, or the suspension will be reversed and the evidence suppressed at trial.
28. ILLEGAL SEARCH Ð the police are prohibited from searching a person or the automobile for a minor traffic offense, and may not search a car without a driverÕs consent or probable cause. Any evidence illegally obtained is not admissible in court.
29. PRIOR INCONSISTENT STATEMENTS BY POLICE OFFICERS Ð any statement made by a police officer, verbally, in police reports, or at previous court proceedings may be used to attack that officerÕs credibility.
30. POST-DRIVING ABSORPTION OF ALCOHOL Ð the prosecutor must prove the blood or breath alcohol at the time of driving. Recent consumption of alcohol just prior to driving will cause the test results to be higher than what the true level was when the person was operating the automobile.
31. INTERFERING SUBSTANCES Ð many items contain forms of alcohol which may cause false results, such as asthma spray, cough drops, paints, fingernail polish. These items can cause the breath results to be invalid.
32. BREATH MACHINE NOT PROPERLY OPERATED Ð the manufacturers of breath testing devices have specified protocols which must be followed for a breath result to be valid. Failure to follow these requirements will result in improper readings.
33. FAILURES TO PRODUCE DISPATCH TAPES Ð most stops of vehicles are recorded on dispatch tapes, as well as recording police communications regarding an arrest of an individual. Failure to preserve such tapes upon request can cause all evidence which could have been recorded to be suppressed.
34. MISLEADING STATEMENTS BY POLICE OFFICERS Ð Any misleading statement by the police regarding the consequences of taking (or refusing) a blood, breath, or urine test will cause the suspension to be reversed and removed from the driverÕs record.
35. STATUTES OF LIMITATIONS Ð A misdemeanor charge of DUI must be filed within 18 months of the date of offense, or the charges will be dismissed outright.
36. PRIVATE PROPERTY Ð a person who has not driven the car on a public highway cannot be suspended for drunk driving.
37. FAILURE TO DISCLOSE EXPERTS Ð the failure of the prosecutor to disclose the stateÕs expert(s) will cause those witnesses to be barred from testifying against the defendant.
38. LACTATE RINGERS Ð when hospital staff use lactate ringers during the treatment of a patient, the hospital blood serum results will report falsely elevated, and therefore invalid, readings.
39. FAILURE TO RECORD CERTIFICATION TESTS Ð the failure to include the value of the simulator solution used to test breath machines will cause the breath test results to be inadmissible in court against the driver.
40. FORCED BLOOD DRAWS Ð the police may not take a blood test against the driverÕs consent where there has not been an injury involved, or the result is inadmissible.
Illinois DUI lawyer | Chicago & Northwest Suburbs. DUI / DWI & Traffic Violationss
* Criminal charges: Cook County Illinois DUI, Lake County, Dupage
* Links: Criminal, Illinois DUI & Traffic Law
* Traffic Safety School On Line
* CENTRAL STATES INSTITUTE (CSI) OF ADDICTION ALCOHOL AND DRUG ASSESSMENT SERVICES: DUI Evaluation Appointments
* DUI evaluations may be scheduled at one of six locations by calling the scheduling center at 312-948-6001. Llame el centra de pitas al 312-948-6001 para planificar una cita para evaluation de DUI.
- Robert Callahan:
An Illinois dui is defined as driving under the influence and oftentimes a dui is the charge for driving while intoxicated or driving under the influence of controlled substances. If you are charged with a dui in Illinois there is no time to waste.
- Loren Siegel:
Illinois features some of the toughest DUI laws in the country. Depending on your driving record and your criminal background, an Illinois DUI conviction may result in:
¥ Court SupervisionÑIf you are charged with a misdemeanor DUI and have never been charged with a DUI before, you eligible for court supervision.
¥ Loss of Driver's LicenseÑIf you are convicted of a DUI, your driver's license will be suspended.
¥ Depending on your driving record and the facts of your case, a DUI conviction may also include jail time, community service, required alcohol/substance abuse treatment, and the forfeiture of your vehicle.
¥ Felony DUI ChargesÑBased on the circumstances surrounding your case, you may face a felony charge even for a first-time offense if you do not have a valid license when arrested or should have known the vehicle you were driving was uninsured. A felony charge is also automatic for those arrested driving on a revoked or suspended license from a previous DUI, for those with two or more DUI convictions, or for DUI cases involving serious or fatal injuries. Felony DUI convictions can result in long prison sentences.
- Kreiter & Gibbons:
If you have been arrested for a DUI/DWI, do not take your charges lightly. Over the past decade, Illinois has dramatically increased the penalties for drinking and driving. A conviction for driving under the influence (DUI) is a criminal conviction, and it can have very serious consequences.
A DUI/DWI conviction can affect your current and future employment opportunities. Repeat offenders are frequently sentenced to serve jail time and in manyÊinstances prison.ÊEven some first time offenders are sentenced to serve time in jail. Get the help of an experienced criminal defense attorney to protect your rights.
- Pugh & Payne:
A DUI charge can seriously affect your record, your ability to work or drive, and can leave you with unmanageable fines or even jail time. If you are facing DUI charges you want to be sure that you have a defense team capable of presenting the best possible defense to reinstate your driving privileges as soon as possible and prevail in the case.
- John Kearnes:
Traffic Violations and License Suspension
No charge should be taken lightly.Ê In Chicago, drunk driving is a serious offense. A DUI or license suspension or revocation can cause you to lose your job or have severe consequences for your family. Conviction can result in jail time. All of the consequences of these charges will have an effect on your family, your livelihood, and your financial security.
- Steven R. Hunter:
Q: Do I need a lawyer?
A: If you have been charged with a crime or a serious traffic offense,
it is very likely that you do need a lawyer. An aggressive defense
attorney will protect your rights and your freedom. He will have a
clear understanding of the criminal justice system that a person
accused of a crime will not posses. While it is true that in a small
number of minor cases charges are dismissed without a defense
attorney's participation, this is rare. If you go to court without a
lawyer, the judge is likely to continue your case and order you to
return with a lawyer, or worse yet, make an accused proceed with a
public defender that will only have met you that day and who will have
to divide his time amongst many other defendants.
- Phillip Igoe:
DUI is shorthand for Driving Under the Influence. A person is guilty of
DUI if he or she drives or is in actual physical control of a motor
vehicle and is under the influence of alcoholic beverages or any
chemical or controlled substance to the extent that his or her mental
faculties are impaired or when his or her blood alcohol level (BAC) is
above the legal limit for the state.
- Joseph Giamanco:
Charged with a DUI?
Have you been arrested for DUI / Drunk
Driving in Illinois? Even if this is the
first DUI charge
you have faced you may be subject to stiff fines and
penalties, including license suspension and even jail. It is imperative
that you seek the immediate help of a knowledgeable and experienced DUI
lawyer to help avoid unnecessary fines, penalties, or convictions.
Illinois DUI laws are complex, and vary from
county to county... You need a DUI defense
attorney that will give you the best results.
Penalties for DUI convictions can include:
- The loss of your driver's license
- Probation
- Community service
- Substantial fines
- Seizure of your vehicle
- Mandatory drug and alcohol education classes
- Increased automobile insurance rates
- Installation of an ignition interlock system on
your car
- A misdemeanor or felony conviction
- Possible homicide conviction
- A lengthy prison sentence
- Civil liability for any bodily injury or property damage you
cause
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