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Edwardsville DUI Lawyers

  1. Polinske & Associates: What to Do (and What Not to Do) If You Have Been Stopped Never assume that because you've been arrested for a DUI that you can't fight it. Never think that just because you "failed" the breathalyzer test, the state has an ironclad case. We know better. If you've been stopped for a DUI: * Don't allow yourself to be intimidated by the police * Don't answer preliminary questions about where you've been and how much you have had to drink (you do have the right to remain silent) * Do ask why you were stopped * Don't submit to questioning without an attorney present * Do call an attorney immediately * Don't delay Ñ you typically have only 90 days from the time you were arrested to request a hearing * Don't submit to any field sobriety testing. You have an absolute right to refuse.
  2. Byron Gerber Petri & Kalb: In Illinois, the consequences of getting a DUI can vary depending on the circumstances. Illinois statutes control the penalty a DUI offender may face. This webpage will provide a brief summary of some of the penalties that may be expected if you are charged with the offense of DUI and some general information regarding our representation. Statutory Summary Suspension/Drivers License Suspension A Statutory Summary Suspension (Driver's License Suspension) is an administrative action taken by the Illinois Secretary of State suspending an individual's driving privileges. The suspension begins on the 46th day after the date of arrest. The first month of any suspension is what is commonly called a "hard suspension". This means that the individual is not eligible for a Judicial Driving Permit or "JDP" (which is commonly known as a "work permit" or "hardship license"). Below is a table identifying the suspension periods applicable to certain categories of DUI offenders. 1st time offender: Submitting to Breath/Chemical Test 3 month suspension Eligible for JDP* on 31st day of suspension 1st Time offender: Refuses Breath/ Chemical Test 6 month suspension Eligible for JDP* on 31st day of suspension Second or Subsequent offender submitting to Breath/Chemical Test 1 year suspension Not Eligible for JDP Second or Subsequent offender refusing Breath/Chemical Test 3 year suspension Not Eligible for JDP *Note as of January 1, 2009 the Judicial Driving Permit will no longer be available. Field Sobriety Test Field Sobriety Tests are commonly given at the location where the officer stops the DUI suspect. These tests are administered to assist the police officer in determining the drive's level of impairment. The common field sobriety tests are the "walk and turn," "one leg stand," and "Horizontal Gaze Nystagmus" or "HGN". The officer is observing the suspect to identify whether certain indicators are present which prove that the suspect is impaired. Many individuals who have been charged and arrested for DUI are alleged to have failed these tests. However, at Byron Gerber Petri & Kalb our knowledgeable attorneys have both legal and factual arguments challenging the credibility of these tests. Portable Breath Test The Portable Breath Test or "PBT" is commonly administered at the location of the stop to determine if the suspect is above the legal limit. Additionally the PBT is administered to minors who are suspected of underage drinking. The PBT has been determined to lack the same scientific accuracy as a Breathalyzer machine or chemical test administered at the station or hospital. At Byron Gerber Petri & Kalb our attorneys will attack the validity and legal basis for administering the PBT as well as the weight that should be given to its results. Breath and Chemical Test A Breathalyzer Test or Chemical Test is administered to determine the Blood Alcohol Content or "BAC" of a DUI suspect. In the State of Illinois and State of Missouri, if a suspect has a BAC of .08 or higher he or she is considered legally impaired to drive and will almost always be arrested and charged with a DUI. Many individuals charged with a DUI have taken these tests and subsequently feel that they have no ability to challenge the DUI in court. However, it is common the police officer and/or test administrator has improperly administered the test.
  3. Johnston, Patrick: Illinois has some of the toughest DUI/DWI laws in the country. If you are facing a drunk driving charge, you have the right to seek representation from an experienced attorney.
  4. Lucco, Brown, Threlkeld & Dawson: Being charged with a federal or state felony means that you need to find the most experienced, effective criminal defense team possible, as quickly as possible. Starting your defense right away often makes a significant difference in the final outcome of your charges. More importantly, hiring the right lawyer to defend you can often mean a substantial difference in the outcome of your case.


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