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Chicago DUI Lawyers

1. 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.
2. LaPapa, Greg: It's true that your driver's license will be automatically suspended for a longer time if you refuse a sobriety test Ñ 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 Ñ 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.
3. 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.