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• SHESTOKAS RAINES & MALAVIA: DUI FACT SHEET DUI DEFINED: The operation of a motor vehicle in the State of Illinois while 1) having a blood or breath alcohol concentration of .08 or greater; 2) under the influence of alcohol; 3) under the influence of any intoxicating compound, compounds, drug or drugs either in combination with alcohol or alone, rendering the driver incapable of driving safely; or 4) having any amount of a controlled substance, intoxicating compound, or cannabis in the driverÕs system resulting from the illegal use of that substance, compound or cannabis. PENALTIES: If charged as a Class A misdemeanor, the potential penalty is up to 364 days in jail and a fine of up to $2,500. If charged as a Class 4 felony, the potential penalty is up to 3 years in prison and a fine of up to $25,000.00. In certain instances it may be a Class 2 Felony carrying up to 7 years in prison. LICENSE PENALTIES: There are two types of driver license penalties associated with a DUI. The first is the Statutory Summary Suspension. This happens on the 46th day after receiving notice, and is related to the taking of chemical tests shortly after being arrested for a DUI. This suspension can range from 3 months to 3 years. There are strict time periods related to court proceedings for a Summary Suspension. If you receive such a suspension, you have only 90 days in which to contest it in court by filing a petition, asking a judge to lift the suspension. After filing the petition, the State must give you a hearing on your license status within 30 days or the suspension is lifted. This is a complex procedure, and it is best to have a lawyer quickly to best protect your driving privileges, or to assist you in obtaining a Judicial Driving Permit (JDP), which may allow you to drive during your suspension for work, school, or medical care. The second type of license penalty is a revocation. This takes place with a conviction on the DUI, and takes away your driving privileges without a time limit. It is very difficult to have your license restored after a revocation. Individuals who are first time DUI offenders are eligible for supervision. This is not a conviction, and will not result in a revocation. CRIMINAL MATTER: A DUI is a criminal charge, and the process after the arrest is the same as all other criminal charges. DISCOVERY: The state must provide to you and your attorney the evidence that it has against you. This would include police reports, video tapes, hospital records, test results, status of testing equipment, and all other information in the stateÕs possession relating to the charges. MOTIONS: This is a request by an attorney asking the judge to order that something be done. Some motions, if successful, such as Motion to Quash Arrest, Motion to Suppress Evidence, and Motion to Suppress Statement, can result in a case being dismissed. Experienced lawyers monitor the case and the evidence to determine if there are important motions to be made that affect their clientÕs freedom. PLEA AGREEMENT: This is when the StateÕs Attorney, Defense Attorney, and Defendant agree what penalty will be imposed if the Defendant pleads guilty. An experienced attorney knows what the usual penalties are for specific situations; in that way he can arrange for the best possible outcome for his client. TRIAL: In the event that there is no agreement in return for a plea (or the case is not disposed of by way of a motion), then a trial is held, and the defendant maintains his plea of not guilty. At trial, the state presents evidence to either a judge or a jury. If the state does not prove the defendant guilty beyond a reasonable doubt, the defendant is found not guilty and the case is over. If guilt is proved beyond a reasonable doubt, then the judge who presided at the trial will impose a penalty within the boundaries of the law.
• Roach, Steven: All Felonies, All Misdemeanors, Murder, Attempt First Degree Murder, DUI, Drugs, Traffic, Suspended/Revoked License, Sex Crimes, Theft, Assault, Battery, Domestic Violence, Public Indecency, Escort Agency Arrests, Prostitution, Solicitation, Conspiracy, Resisting Arrest, Disorderly Conduct, Criminal Trespass, Underage Drinking, Forgery, Preliminary Hearings, Police Interrogations, Bond Hearings, FBI/Police Debriefings, Drivers License Hearings, Criminal Appeals.
• Cunningham, Kevin: DUI is a serious criminal offense in Illinois. Possible sentences are incarceration, loss of driving privileges, community service, probation, vehicle immobilization or forfeiture, and serious fines Š not to mention increased insurance rates. The Secretary of State will suspend your driving privileges beginning 46 days after your arrest if you failed a breath test or refused the breathalyzer. DUI carries serious consequences, and requires a serious DUI defense attorney who is capable of mounting an effective defense.
• Dry, Fred: If you or someone you love has been charged in Illinois with Driving Under the Influence of Alcohol (DUI) or Driving While Intoxicated (DWI), youÕre facing a charge with serious repercussions. You may also face a driverÕs license suspension, also known as Statutory Summary Suspension, for refusing or failing a breath test. DUI and DWI charges are time sensitive and can be confusing to navigate. With an abundance of DUI/DWI information online, and promises from other lawyers, how do you find the right answer? An Illinois drunk driving or DWI charge can potentially result in: * Jail time * Loss of your driving privileges and license for months or even years * Higher insurance premiums or possibly even dropped coverage * Hefty fines * Embarrassment and difficulty keeping or finding new employment Expert legal counsel and meticulous defense can be your saving grace. Law enforcement doesnÕt like to admit it, but not everyone who has been pulled over for DUI/DWI is guilty of a crime. If you or someone you know has been charged, here are some important facts to be aware of. In the State of Illinois, the StateÕs Attorney needs to prove you were unable to drive safely after drinking, or that your blood alcohol level exceeded the legal limit. But, if challenged, the StateÕs Attorney must also prove: * The arresting officer had a valid reason for stopping you * The arrest was carried out properly and according to procedure * You were advised of your rights * Blood alcohol testing equipment was functioning correctly and accurately * Breath test operators are certified to perform alcohol testing * Field sobriety testing was done properly and interpreted correctly Unfortunately, many people never fully understand their rights and are unfairly charged. A DUI conviction on your permanent record is a life-changing event that should not be taken lightly. ItÕs critical you have a strategic, experienced attorney guiding you during this process.
• Small, Brian: DUI has many consequences beyond a courtroom. In addition to fines and even jail time you may be faced to explain to family, friends and employers why you can not drive. Most charges are misdemeanors but some individuals face felonies. Often times prosecutors seek out felony charges because of a child in the vehicle or the individual was driving on a suspended license. Penalties sought range from up to one year in jail and a $2,500 fine to a multi-year prison sentence. In addition to possible jail time and steep fines you will also face higher insurance rates and a loss of driving privileges. The additional costs and inability to drive only compound the difficulty of having a DUI on your record.
• Stewart, Ava: Drivers in Kane County Illinois should be aware of new technology being used by police officers during routine traffic stops. The device is called a PAS IV ŅSniffer.Ó It senses the presence or absence of alcohol without requiring the driver to blow into a mouthpiece. In fact, it senses the presence of alcohol without any participation by the driver at all. Because the PAS IV is incorporated into a standard-looking police flashlight, a driver may not even know the police officer has used the device to ŅsniffÓ for the presence of alcohol. One may think that this device violates the driverÕs Fourth Amendment rights against an unreasonable search and seizure, or at least the driverÕs privacy rights under the Due Process Clause of the Constitution. However, last week Associate Judge Allen Anderson of Kane County ruled results from the PAS IV may be used as reasonable suspicion to request that a suspected drunken driver undergo field sobriety tests. It should be remembered, however, that a driver is not required to participate in field sobriety tests (FST) such as the portable field Breathalyzer, the one-legged stand, or the walk and turn test. Police use these tests to determine whether they have probable cause that the driver was under the influence while driving. Once the officer compiles enough observations to form probable cause, he will arrest the driver. However, there is no refusing the PAS IV. It looks like a flashlight and can detect the presence of alcohol up to 10 inches away; thus the test can be completed before the driver has any opportunity to refuse. There is good news, however. This device only measures the presence of alcohol. A good DUI attorney can make several arguments to lessen the impact of the results. For example, the presence of alcohol can be attributed to a passenger who has been drinking since the device does not determine the origin of the alcohol. Also, although this judge ruled that it is legal for the police to use the PAS IV, his ruling seems to contradict the 2001 Supreme Court decision in Kyllo v. US. In Kyllo, the Supreme Court held that police could not use thermal imaging (infrared) scanners to look at homes for evidence of crimes without a warrant. Justice Scalia, writing for the majority, explains the Supreme CourtÕs reasoning: We think that obtaining by sense-enhancing technology any information regarding the interior of the home that could not otherwise have been obtained without physical "intrusion into a constitutionally protected area",(Silverman, 365 U.S., at 512), constitutes a search-at least where (as here) the technology in question is not in general public use. The PAS IV works much the same way as the infrared devices in Kyllo. Except for a few narrowly defined exceptions, the police need a warrant to search oneÕs automobile. It is one thing if the smell of alcohol leaves the vehicle; it is another thing if the police must enter the vehicle to find it. One is constitutional, the other is not. Thanks for reading. If you have a comment or question, feel free to post a reply, but keep in mind your response will not be confidential. If you need assistance with a traffic violation or offense in the State of Illinois, call our office or send us an e-mail for a confidential consultation.