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Chicago DUI Lawyers

1. Wallin, Harold : What Will Happen To Me? No one can predict the outcome of a legal case. That decision will be made by a judge or jury after hearing all the admissible facts in light of the relevant law. Keep in mind, however, what the prosecution has that you don't Š experienced DUI prosecutors on its payroll; officers and breath analysis technicians who have been trained as professional witnesses; a legislature that passes laws designed to make it tougher on you every step of the way; and plenty of funding to see to it that you are convicted. The only way you can begin to balance the odds is to hire an attorney who knows Illinois' complex DUI laws, understands your defenses, and who is willing to fight on your behalf. WHAT ARE THE PENALTIES FOR DUI? If you are charged with misdemeanor DUI, and have never been found guilty of a DUI before, or have had a DUI reduced to reckless driving, then you are eligible for court supervision. A sentence of court supervision does not appear on your public driving record, is not a conviction, nor does it affect your driving privileges. If you do not receive court supervision, and are instead convicted of a DUI, then your driver's license will be revoked. Depending on your driving background and the facts of your case, you may be facing jail or penitentiary time, community service, forfeiture of your vehicle, and alcohol/substance abuse treatment. There are enhanced penalties for DUIs with blood alcohol concentrations (BAC) of 0.16 or higher, while transporting a child under the age of 16, while not having a valid driverÕs license, while suspended or revoked for a prior DUI, having one or more prior DUIs, or causing a serious injury or death. Depending upon your driving history and the facts of your case, your case may be upgraded from a misdemeanor DUI to a felony charge of aggravated DUI. This can occur even on a first offense if at the time of the arrest you did not have a valid driverÕs license, you knew or should have known that the vehicle was not insured or you caused a motor vehicle accident resulting in serious or fatal injuries. Your case can also be upgraded to a felony charge if you have been alleged to have committed a DUI when your license was suspended or revoked because of a previous DUI; or if you have committed two or more previous DUIs. A felony DUI can result in a lengthy prison sentence. Third or fourth DUIs are class 2 felonies, punishable from 3 to 7 years. Probation is possible for a third DUI but not a fourth. A fifth DUI is a class 1 felony, punishable from 4 to 15 years in the penitentiary. A sixth or higher DUI is a class X felony, punishable from 6 to 30 years. Probation is not allowed on a fourth or higher violation. It is allowed only in extraordinary circumstances when the DUI was the proximate cause of the death of another. WHAT IS A STATUTORY SUMMARY SUSPENSION? A Statutory Summary Suspension is an automatic suspension that the Secretary of State places on your driver's license because you either refused a blood, breath or urine test; or you took such a test and it revealed a blood alcohol concentration of 0.08 or greater; or it revealed illegal drugs in your system. This suspension will go into effect on the 46th day after you were arrested. If you have not had a DUI suspension, supervision, or conviction within the last 5 years, you will be classified as a "first offender" for suspension purposes. (This does not mean that you are a "first offender" for DUI sentencing purposes.) If you were arrested after January 1, 2009: six months if you failed a blood, breath or urine test; year if you refused to take a blood, breath or urine test. If you meet the eligibility requirements, you can obtain a Monitoring Device DriverÕs Permit (MDDP). A MDDP will not be limited in terms of purpose, days or hours when you can drive. However, as part of the MDDP, you will be required to have a breath alcohol ignition interlock device (BAIID) installed in your vehicle, or wear a secure continuous remote alcohol monitor (SCRAM). In order to qualify for an MDDP, you must be: (1) A Ņfirst offenderÓ for summary suspension purposes, meaning no DUI or DUI based summary suspension within the past 5 years; (2) possess an otherwise valid driver's license; (3) be age 18 or older; (4) you have never been previously convicted of reckless homicide; and (5) there was no death or great bodily harm resulted from this DUI arrest;. WHAT IF I DRIVE A COMPANY OWNED VEHICLE FOR WORK? If you drive an employer-owned vehicle for work, you are not required to have a breath ignition interlock device (BAIID) installed in the work vehicle. However, in that situation, your employer will be required to complete an affidavit that they do not specifically assign a certain vehicle to you; that you do not take the work vehicle home; and that the you are not self-employed or work for a family owned business. The non-BAIID work permit will only be valid for 12 hours a day, six days a week. If you are not a "first offender" then you will be suspended for: one year if you failed a blood, breath or urine test; three years if you refused to take a blood, breath or urine test. Regardless of your eligibility for a driving permit, your summary suspension can be challenged by filing a "Petition to Rescind the Statutory Summary Suspension" with the Court. The grounds on which the suspension may be challenged are limited by statute (See, 625 ILCS 5/2-118.1). I HAVE A COMMERCIAL DRIVERÕS LICENSE (CDL). WHAT WILL HAPPEN TO ME? Under recent laws, your CDL license will be affected even if you are arrested for DUI while driving a non-commercial vehicle. If you are arrested for DUI while driving a non-commercial vehicle and refuse to take a breath test, you will receive a one-year disqualification of your CDL if it is your first DUI. If you are arrested for DUI while driving a non-commercial vehicle and are found guilty, you will receive a one-year disqualification for a first offense, even if you received court supervision. If you are found guilty of a second offense of DUI, you will receive a lifetime disqualification of your CDL. WHAT IS THE DIFFERENCE BETWEEN A SUSPENSION AND A REVOCATION? A DUI suspension is set for a definite time -- six months, one year or three years. At the end of the suspension, your license can be reinstated simply by paying a reinstatement fee, so long as in the interim you have not been convicted for driving during your DUI suspension or had another suspension or revocation placed on your driving record. A revocation is indefinite -- it has no automatic reinstatement date. This means that you will remain revoked until after the Secretary of State has determined that you are now responsible enough to have a driverÕs license and that you wonÕt endanger the public. The reinstatement hearing process can be long and arduous. If you have already been revoked, click here. WHAT IF I DRIVE WHILE SUSPENDED OR REVOKED? Driving while suspended or revoked for a DUI is a serious matter. There is mandatory jail and/or community service time for each conviction, and the length of your eligibility for reinstatement will be extended. You may also be faced with forfeiture of the vehicle you were driving. Depending on your background, the prosecution can seek to charge you with a felony and seek penitentiary time. After January 1, 2009, driving during an MDDP eligible DUI suspension will become a Class 4 felony, punishable from 1 to 3 years in the state penitentiary and you will face a mandatory minimum sentence of 30 days in jail for a first offense. The penalties are higher for subsequent offenses. I NEED TO DRIVE! WHAT CAN I DO? If you have a statutory summary suspension, you need to hire a qualified DUI attorney immediately. This suspension can only be challenged through the filing, within 90 days of your arrest, of a Petition to Rescind Statutory Summary Suspension. Do not delay.
2. Albukerk, Nicolas: DUI, DWI, criminal defense
3. Aimen, Julie: Criminal Defense * Appellate Practice * Driving Under the Influence/DUI * Felonies * Misdemeanors * Parole and Probation * Sex Crimes * Sexual Abuse * Domestic Violence * Drug Crimes * Juvenile Law * Restraining Orders * Weapons Charges * Assault and Battery * Capital Offenses * Criminal Appeals Family Law * Divorce * Child Custody * Appellate Practice * Adoptions and Re-Adoptions * Arbitration and Mediation * Fathers Rights * Spousal Support * Child Abuse and Neglect * Child Support * Domestic Partnerships * Domestic Violence * Legal Separation * Paternity * Premarital Agreements * Visitation Rights * Alimony/Maintenance * Annulment * Collaborative Family Law * Domestic Relations * Marital Agreements * Marital Property Distributions * Marital Property Law * Martial Property Settlements * Name Changes * Palimony * Post Divorce Modification * Postnuptial Agreements * Separation Agreements Civil Rights * Police Misconduct * Police Brutality
4. Fiscella, Timothy: Drunk Driving If you have been arrested for drunk driving, you need a qualified attorney in your corner to make sure your rights are protected.
5. Bryant Law Group: Driving Under the Influece:DUI In Illinois, there are two entirely separate proceedings following a DUI arrest. The first case against you is the criminal charge for DUI. The second case is a civil proceeding to determine whether or not you will be able to keep your license. You Can Be Arrested For DUI Without A Breathalyzer Test In Illinois, you can be arrested for DUI even if you do not submit to a breathalyzer test. If a police officer has a reasonable suspicion to believe that you are intoxicated the officer will generally ask you to perform field sobriety tests. The results of your field sobriety tests can be enough for you to be charged with a DUI, even without a breathalyzer test! Unfortunately, many of these field sobriety tests are not 100% reliable. A DUI Arrest Can Cause Your Driver's License To Be Suspended Many people arrested for DUI in Illinois do not realize that, in addition to a charge for DUI, their driver's license can be suspended. These suspensions are automatic and will happen on the 46th day following an arrest for DUI in Illinois. Because this is an automatic suspension, your license can be suspended even without a trial or opportunity to hire an experienced DUI lawyer! If you are arrested for DUI in Illinois with a breathalyzer reading of .08 or greater you will have your driver's license suspended for a mandatory 3 month period. A second arrest for DUI in Illinois with a failed breathalyzer calls for a mandatory 12 month suspension of your driver's license. If you refuse to take a breathalyzer test after a DUI arrest in Illinois, you will face a mandatory 6 month suspension of your driver's license. If you have had prior DUI arrests and you refuse a breathalyzer, your license faces a mandatory 36 month suspension. A DUI conviction in Illinois will result in the loss of your license for one year. A second DUI conviction in Illinois will result in the loss of your license for five years. A third conviction for DUI in Illinois will result in the loss of your license for twenty years.
6. DUI Group: Assertion of Rights Please print and retain Officer, please understand: I refuse to talk to you, other than to identify myself, until I consult with my attorney. I also refuse to consent to any search of these premises or any other premises under my control, or in which I have a possessory, proprietary, or privacy interest, including my car, my body, or effects. I further refuse to consent to the taking of any portion of my property, or any specimen of my breath, bodily fluids or tissue, for scientific analysis, without the reasonable opportunity to obtain the advice of my attorney by telephone. I desire to exercise all my rights guaranteed by the Constitution of the United States and the Constitution of the State of Illinois to be free from your interference with my person or affairs. If you attempt to question me, I want my attorney present. I refuse to participate in any line-up, prove-up or show-up or to perform any physical acts, or to speak or display my person or property at your direction, without first conferring with my lawyer. If I am under arrest, I wish to invoke and exercise my Miranda rights. If you ignore my exercise of these rights and attempt to procure a waiver, I want to confer with my lawyer prior to any conversation with you. If I am to be taken into custody, removed from my present location, or separated from my property, I request a reasonable opportunity to make arrangements to secure my own property. I do not consent to any impoundment or inventory of my property. I do hereby, waive any claim of liability for loss, theft, or damage against you, your superiors, or any other authority and agree to hold harmless there from, if I am afforded the reasonable opportunity to arrange for the safekeeping of my own property. If this reasonable opportunity is denied or is unavailable, I demand that only such intrusion occur as is minimally necessary to secure the property, hereby waiving any claim of liability for your failure to scrutinize the property or its contents prior to it being secured. If I am not under arrest, I want to leave. If I am free to leave, please tell me immediately so that I may go about my business. Illinois Statute 38¤103-4 Right to consult with Attorney Right to consult with attorney. Any person committed, imprisoned or restrained of his liberty for any cause whatever and whether or not such person is charged with an offense shall, except in cases of imminent danger of escape, be allowed to consult with a licensed attorney at law of this state whom such person may desire to see or consult, alone and in private at the place of custody, as many times and for such period each time as is reasonable.
7. Brindley, Beau: * Drunk driving defense * Multiple offense felony DUI * DUI manslaughter * Contributing to the delinquency of a minor * Driving with suspended license or after license revocation * BWI/BUI arrest (boating while intoxicated) If you have already been charged with DUI, you have a constitutional right to counsel of your choice. Do not lose this important opportunity to protect your freedom.
8. Weisberg, Andrew: traffic-related offenses, from driving under the influence of alcohol or drugs, DUI, DWI, Aggravated DUI, reckless homicide, reckless driving, driving with a suspend license, driving with a revoked license and othe traffic offenses.
9. Sternfield, David: wills and trusts, estate planning, real estate law, business law, international law, traffic and criminal law matters such as DUI's
10. Payonk, James: Our criminal-justice system can be overwhelming and frightening. The United States' incarceration rate is much higher than that of other industrialized countries. Prison sentences are getting longer and more frequent. If you face the possibility of being accused of a crime, contact an experienced criminal-defense lawyer as early in the process as possible, preferably even before questioning or investigation. A skilled attorney can fight for your legal and constitutional rights. Remember that if you cannot afford to hire a lawyer, the government may have to provide one for you.
11. LaPapa, Greg: It's true that your driver's license will be automatically suspended for a longer time if you refuse a sobriety test Ń six months as opposed to three months. But it is also true that sobriety test results make the DUI/DWI prosecution an almost automatic slam dunk. Think about it: If you take the sobriety test, the cops and prosecutors have scientific evidence of intoxication. If you don't take the sobriety test, then the trial comes down to the cop's recollections and observations during the stop. Your defense lawyer will have a much easier time knocking down subjective recollections and observations than scientific evidence. * Note: Refusing the sobriety test is never a good idea if you are driving with a commercial driver's license (CDL). When a CDL holder refuses a sobriety test, the penalties are much more severe. Fight Your DUI/DWI Arrest If you already took the sobriety test, we can still fight to prevent a conviction for drunk driving. First-time offenders especially have a good chance of staying out of jail and paying only minimal fines Ń if they hire a savvy lawyer who knows how the criminal justice system works. If you've been arrested on a DUI/DWI: * Don't say anything to the cops except your name, Social Security number if you have one, date of birth, address, and "I want to call a criminal defense lawyer." * Unless you have a CDL, seriously consider refusing the sobriety test. * Other than keeping quiet, cooperate with the cops. * Contact a criminal defense lawyer immediately for help.
12. Martin, Erick: n Illinois, DUI stands for Driving Under the Influence of Intoxicating Liquor or Drugs. The charge, often referred to as DUI, requires the operation of a motor vehicle while your ability to drive is impaired or while your blood or breath alcohol concentration exceeds the statutory limit. Some other states call this charge DWI, which stands for Driving While Intoxicated. Although DUI is often described as "drunk driving," this term is somewhat misleading in that you do not have to be drunk to be considered legally impaired. The lawyers at our Chicago practice understand DUI litigation inside and out, and we may be able to have your charges reduced or even dropped in some cases. IllinoisÕ basic "drunk driving" law is found in Vehicle Code Section 11-501: Sec. 11-501. (a) A person shall not drive or be in actual physical control of any vehicle within this State while: (1) the alcohol concentration in the person's blood or breath is 0.08 or more based on the definition of blood and breath units in Section 11-501.2 [625-5/11-501.2]; (2) under the influence of alcohol; (3) under the influence of any intoxicating compound or combination of intoxicating compounds to a degree that renders the person incapable of driving safely; (4) under the influence of any other drug or combination of drugs to a degree that renders the person incapable of safely driving; (5) under the combined influence of alcohol, other drug or drugs, or intoxicating compound or compounds to a degree that renders the person incapable of safely driving; or (6) there is any amount of a drug, substance, or compound in the person's breath, blood, or urine resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act [720 ILCS 550/1 et seq.], a controlled substance listed in the Illinois Controlled Substances Act [720 ILCS 570/100 et seq.], or an intoxicating compound listed in the Use of Intoxicating Compounds Act [720 ILCS 690/0.01 et seq.]. The difference between a misdemeanor and a felony drunk driving charge is: misdemeanor driving under the influence charges means that the charge involved no injury or property damage and the penalty is up to one year in jail, whereas a felony has injury and the penalty could be several years in a state prison. Often authorities consider the following factors as signs of drunk driving or significant impairment that could lead to arrest or be used as evidence: Driving Symptoms -- such as speeding, weaving, failure to drive in one lane, driving with no headlights, or other moving violations. Personal Symptoms -- such as slurred speech, bloodshot or watery eyes or the odor of alcohol on your breath. Field Sobriety Tests -- there are six common tests like the walk-a-line, stand on one foot, counting while touching your fingers or looking at the eye with a pen light. Incriminating Statements -- such as "I only drank 8 beers," "Yes, I was driving" or "Of course I'm drunk" can be used as evidence at trial. Blood-Alcohol Evidence -- like a breath test or a blood test may also be admissible in court as evidence. back to top If you have been charged with drunk driving, your lawyers can challenge the tests that were administered. Chemical evidence may be challenged on several grounds. When dealing with a blood or breath test, there are three major areas of challenge that are described in more detail in our DUI defenses section: The process used for collection of the chemical evidence. Did the police follow the proper policy? Was the test obtained by a qualified officer? Issues related to contamination of the collected sample. There are many ways breath tests could be contaminated, thus possibly being inaccurate. Control Issues -- Was the machine used to collect the sample working accurately at the time of the tests? back to top DUI is a difficult crime to understand and it is often difficult to determine whether or not your actions actually were a violation of criminal law. As a result, many people who are cited or arrested for "drunk driving" might not be guilty of the DUI crime defined by statute, or there certainly could be "reasonable doubt" as to the facts. If you have been accused of drunk driving, the experienced lawyers at our Chicago law firm can help you understand your rights and protect you from a possible wrongful conviction. It is possible that the machine used to test your blood or breath was not working accurately. Because this is an important issue, there are numerous laws and administrative regulations that require periodic testing of blood or breath testing devices. The records must be maintained and are available for an experienced DUI attorney to review. Because people often do not know what to do after the police stop them, they often make unnecessary incriminating statements that are harmful to their case. The police then might attempt to convince you that you are guilty even when you might not have violated one of the statutes. back to top Procedurally, you should be aware of certain legal rights you have - rights that are often ignored by the police: There must be legally sufficient facts to constitute "probable cause" to stop, detain and arrest you. You should be advised that submission to field sobriety testing, physical (coordination and eye tests) and portable field breath testing is not required by law. Once arrested, you must be advised of your constitutional rights - the "Miranda" warning - before any further questioning takes place. In Illinois, you must submit to a blood or breath test, but if you refuse you must be advised of the legal consequences (the "implied consent" advisement). Yes, we usually recommend that you submit to chemical testing if it's your first DUI arrest. If a breath test is administered at the police station, since the breath sample is usually not saved, you must be given a chance to obtain a blood sample for later independent testing by your defense lawyers. Your request for release could prevent a trip to jail and become important evidence we can use in your defense.