Chicago DUI Lawyers
- Rafferty, David:
Illinois has some of the most punitive sanctions for motorists convicted of driving under the influence. In Illinois, a DUI conviction will automatically cause your driver's license to be revoked, and depending on your criminal and driving history, car forfeiture and prison time.
A DUI defense is one of the most difficult criminal cases to defend, as the prosecution is based on a law enforcement officer's direct observation usually reinforced by blood or breath chemical testing. For this reason you need to be clear on the process and possible sanctions you face. The best way to do this is to hire a criminal defense attorney specializing in DUI defense.
First Offense:
An Illinois First Offender DUI for operators 21 or over, at its least severe, is a Class A misdemeanor punishable by up to $2500 in fines and up to 364 days in jail. The first DUI conviction can result in the loss of your license for a minimum of one year. You could also be required to attend Victim Impact Programs, be evaluated and complete any alcohol counseling required, perform community service, or any other requirements made by a Judge.
First offenders are eligible for supervision (not a conviction), the legal breath limit is 0.08 for alcohol, and any amount of intoxicating drug or compound in blood. A sentence of court supervision does not appear on your public driving record, nor does it affect your driving privileges. A DUI conviction results in automatic revocation (permanent deprivation) of driving privileges in Illinois. If you do not receive court supervision, and are instead convicted of a DUI, then your driver's license will be revoked.
Statutory Summary Suspension:
If you are arrested and found to have a blood alcohol content BAC of .08 percent or more and/or any impairing drug in your system while operating a motor vehicle, your driving license will be automatically suspended for three months. This is the STATUTORY SUMMARY SUSPENSION LAW. At the time of arrest, the officer will take your license, and if it is valid, will provide you with a temporary receipt allowing you to drive for 45 days. Your suspension begins on the 46th day from the arrest date and will not be terminated until you pay the reinstatement fee and your record is updated. Read more about the statutory summary suspension...
Felony Upgrade:
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 DUI if at the time of the arrest you did not have a valid drivers license or you knew or should have known that the vehicle was not insured. Your case can also be upgraded to a felony charge if you have been alleged to have committed a DUI while your license was suspended or revoked because of a previous DUI; you have committed two or more previous DUIs; or there were serious or fatal injuries. A felony DUI can result in a lengthy prison sentence.
Below are some links to help you understand the DUI law in the state of Illinois and the process of defending a DUI charge. While it is important to understand the nature of the offense and the potential sanctions, the most important thing you can do is hire a qualified DUI lawyer.
- Novak, Wayne:
When you are charged with a DUI, you will typically lose your license 46 days from the date of your arrest. However, you do have the right to a hearing to get your suspension cancelled. In order to preserve this right, the appropriate motion must be made to the court in a timely manner. Because the circumstances o each DUI charge is different, each DUI case must be treated differently.
- Lyle Cohen:
Many individuals facing their first time DUI arrest may not comprehend the seriousness of their cases. Those with a DUI second offense should know that they must win this case to avoid the revocation of their privileges. In Illinois, drivers with a conviction for a third offense of driving under the influence, (DUI) face a mandatory jail sentence.ÊÊHabitual traffic offenders also face more than jail time; they face the very strong likelihood of license revocation, not justÊlicense suspension. They must beat the charges or lose their licenses-which can mean the difference between being able to support themselves and their families and not being able to even get a job.
- Nandia Black:
Costs
Final Cost
Ê
Insurance
Ê
High-risk insurance Ð an additional $1,500 a year required for 3 years.
Ê
Ê
$4,500
These average costs associated with a DUI were established in 2005.Ê Actual costs will vary depending upon City and County laws and with your attorney's knowledge of local requirements and her ability to negotiate effectively.
- Barry Lewis:
Criminal defense is a challenging field, and each case is unique. From the earliest stages of a case through the end of a trial or appeal, there are innumerable legal, factual, and human factors that the criminal defense attorney must assess and respond toÊwhen fighting for the best possible outcome for the client.
- Katz Law Office:
Failure to secure competent legal counsel after an arrest could result in fines, jail time, a permanent criminal record or even deportation.
- Constantine Vass & Associates:
An aggressive defense of your case typically starts early. Motions may
be filed for you to challenge the arrest, suppress evidence and
challenge the prosecutions strategy.
Shaner Law Office:
Fourth DUI > Not Guilty of DUI
SUMMARY OF CHARGES: Two counts of DUI, client allegedely failed field sobriety test and the blood test. License was revoked.
CLIENT WAS FACING: Close to one year in jail, license revocation.
THE ARREST: The client was found asleep in his vehicle, parked in a
lot with the engine running, his lights on and a shredded front tire.
After being awakened, the officer allegedly observed the client to have
blood-shot glassy eyes and a strong odor of alcohol on his breath. When
asked what had happened to his tire, he replied that he didn't know, he
was on his way home from a bar. When asked to exit his vehicle, he
allegedly lost his balance and staggered to the rear of the vehicle.
The officer requested the driver to perform field sobriety exercises,
all of which he allegedly failed. The officer then arrested the client,
and after transporting to the station asked him perform a breath test
which the client refused, but consented to a blood test.
FACTS OF THE CASE: After the blood test, the client was charged with
two counts of DUI, No Valid Insurance, and Driving Without a License.
This was the client's fourth arrest for DUI. The State's Attorney was
seeking just under one year in jail and would have ended in a
conviction for DUI. The client would also have had his license revoked
until such time as he could - through a separate proceeding, have his
driving privileges reinstated.
- Wise & Wise:
Being
charged with a DUI can have a significant impact on a person's life.
Even for a first time offender, the consequences can be severe and may
include up to a 6 month suspension of one's driving privileges, a $2500
fine, and up to one year in jail. Further, if you are convicted of a
DUI, even as a first offender, your driving privileges will be revoked.
A first offender can also be charged with a felony if that person
causes serious bodily harm or death during the commission of the DUI.
In 2006, the Secretary of State also made it a felony, even for first
offenders, if the person did not have a valid driver's license or was
driving without insurance while driving under the influence. Felony
DUI'S are punishable by one year or more in jail.
Penalties
for DUI in Illinois vary depending upon the circumstances of the arrest
and conviction, including age of the driver, driver’s BAC level,
whether children were being transported and whether the driver had
previous DUI convictions. - Reno Renzetti:
You should always be comfortable with your lawyer, as it is ultimately your case.
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