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Joliet DUI Lawyers

• Brumund, Jacobs, Hammel, Davidson & Andreano: Although under Illinois' Statutory Summary Suspension law, you have the right to refuse testing of your blood, breath or urine following a traffic stop, your refusal to submit to testing will result in suspension of your license. The Statutory Summary Suspension law treats commercial driver's license (CDL) holders particularly harshly. If a CDL holder receives a Statutory Summary Suspension, CDL privileges will be suspended for 12 months upon a first offense. A second offense carries a lifetime CDL suspension.
• Haney, Steven: Here's how important it is to have a proven, skilled defender by your side, even if your DUI charge is your first. Due to the strengthening of penalties in DUI cases, you face suspension or revocation of your driver's license, a fine and possibly even a jail sentence. A second or subsequent arrest could amount to felony DUI charges, along with a potentially steep increase in your vehicle insurance costs, loss of reputation, difficulty in getting to your job and embarrassment for your family. You want to avoid any and all of these worst-case scenarios. Don't surrender your right to contest what the authorities say took place during your DUI arrest.
• John Kogut: Illinois Criminal Procedure, within the Will County Circuit Court System, basically has the following procedural steps (when dealing with felonies or misdemeanors): Arrest: When a police officer has probable cause to believe that a suspect has committed a crime, the officer makes an arrest. This is the phase where your Miranda Rights are so important to assert. An arrest may occur either with or without a warrant. Arrest usually involves taking the suspect into custody and transporting him to the police station. Booking: At the police station, the suspect undergoes "booking" which includes entering information about him/her into a database, which includes photographing and fingerprinting the defendant. Filing of a complaint: The police officer usually will sign a complaint, which provides an oath that the violations of the law, by the defendant, are deemed to be believed as correct by the officer. Information or Indictment: In misdemeanor cases the prosecutor, whom is an employee of the County and the State if Illinois, usually creates a formal complaint called an "information", which will be given to the defendant in court upon a first appearance, which is usually an "arraginment". HOWEVER, in felony cases, the prosecutor will utilize the officers compaint as a basis for creating formal charges in a document called an "indictment". The indictment is taken to a set of anonymous persons, chosen from the general population, who serves periods of approximately one-to-three month time periods as the "Grand Jury". They decide the cases merits as to testimony from the officer. If the Grand Jury, chooses to indict the defendant, that written indictment is then used at the first appearance, called an arraignment. Arraignment/First Appearance: The defendant is read the charges against him, and is given his right to counsel. In misdemeanor cases, a defendant doesn't always have the right to (court appointed) counsel. Only if the defendant, in misdemeanor cases, faces "jail time" for as little at 1-day, does the defendant have a right to counsel to be appointed to him, if he cannot afford one. If the defendant is not facing any jail time, he can not get a court appointed attorney, but may, of course, if he has the financial resources, "hire" an attorney to ensure his rights and defend his case. HOWEVER, in all felony cases, if the defendant can not afford an attorney, one will be appointed to him by the court, usually called a "public defender." Pre-Trial Stages: These are proceedural stages, where motions may be filed, and information is ordered to be shared between The State and the Defendant. Trial: If the charge is a felony or a misdemeanor, punishable by more than 6 months in prison, all states give the defendant the right to have his/her case tried before a jury. This is the stage where testimony is heard, by witnesses, and or the defendant himself (if he chooses to testify). Many misdemeanor cases are heard in what's called a "Bench Trial". This is where the judge acts as the "jury" and decides on all matters of fact (which are usually left to a jury), and, decides on all matters of the law (which is the judges main focus in the court room). Sentencing: If the defendant pleads guilty, or is found guilty after a trial has taken place, then the judge may set a date and have the defendant sentenced. Appeals: A convicted defendant is then entitled to appeal. Post-Conviction Remedies: Both state and federal prisoners, even after direct appeal, may challenge their convictions through federal-court habeas corpus procedures.
• Douglas Ziech: A drunk driving arrest is much more than an inconvenience Ð it can seriously affect your life andÊ yourÊlifestyle. In Illinois, the penalties for a first offense can include a hefty fine, loss of your drivers license, and even a jail sentence. For a second or third offense, the consequences can be more severe. If you have been arrested for driving under the influence (DUI) or related traffic charges, you need an experienced DUI attorney who can protect your rights, your drivers license, and your freedom.
• Hammel Law Offices:

  DUI Information You Should Know

  DEFINITIONS:

  DRIVING UNDER THE INFLUENCE (DUI)
  It is illegal to operate a vehicle in Illinois with a blood alcohol content (BAC) of .08 or greater. With additional evidence, a driver can also be convicted of DUI with a BAC in excess of .05. DUI also applies to drivers under the influence of other drugs, including any legal or illegal substances that cause impairment, regardless of how they enter the body.

  IMPLIED CONSENT
  By driving on Illinois roadways, a driver agrees to submit to testing for alcohol or drugs. Refusing to submit to testing results in a longer suspension of driving privileges than that received for test failure. A test refusal can be used as evidence in a DUI case.

  DRIVER'S LICENSE SUSPENSION
  A suspension is the temporary loss of driving privileges for a specific length of time. Suspended drivers must comply with all requirements and pay any fees to obtain reinstatement of driving privileges.

  DRIVER'S LICENSE REVOCATION
  A revocation is the loss of driving privileges with no guarantee of reinstatement. An individual may apply for reinstatement at the end of the revocation period. An administrative hearing, remedial education, recent alcohol/drug assessment, substance abuse treatment and payment of applicable fees also are required. If approved, reinstatement requires retesting and fees for a new driver's license.

  DUI and RELATED OFFENSES

  DRIVING UNDER THE INFLUENCE
  Classified as a violent crime. Never expunged from a driver's record.

  First conviction - Class A Misdemeanor: possible 0-12 months imprisonment; 100 hours of community service; fines up to $2,500.00; minimum 1 year driver's license revocation (2 years if under age 21); mandatory vehicle registration revocation. If previous history shows prior DUI-related suspension within 10 years, must have a Breath Alcohol Ignition Interlock Device (BAIID) installed as a condition of driving relief.

  Second Conviction - Class A Misdemeanor: possible 0-12 months imprisonment; mandatory 5 days in jail or 30 days community service; fines of up to $2,500.00; mandatory vehicle registration revocation; mandatory minimum 5-year driver's license revocation (driving relief available after 1 year of revocation has been served and only with a BAIID installed).

  Third conviction - Class 4 Felony: possible 1-3 years imprisonment or 30 days community service; fines of up to $25,000; minimum 10-year driver's license revocation (driving relief available after 1 year of revocation has been served and only with a BAIID installed).

  Fourth or subsequent conviction - Class 4 Felony: possible 1-3 years imprisonment; fines of up to $25,000; lifetime driver's license revocation (not eligible for driving relief).