Oak Brook DUI Lawyers
- Norris &
Callahan:
The crime of drunk driving is generally defined in two ways: (1)
having a blood alcohol content above the limit set by law, or (2)
driving under the influence of alcohol.
- Angelini, Phillip:
Know Your Options Ñ Know Your Rights After a First-Time DUI Arrest
As a first-time offender, it is critical to know your options and know your rights. You may have alternatives that are not available to repeat offenders. Attorney Angelini will explore possible sentencing alternatives in addition to seeking to defeat a drunk-driving charge or conviction. At every stage, you can trust in a zealous advocate and aggressive opponent for the state.
- Bush, Sethna & Cook:
* General misdemeanors
* General traffic cases (speeding, reckless driving)
* Reckless driving charges
* DUI (driving under the influence, drunk driving, DWI)
* Misdemeanor and felony drug charges/offenses (possession, trafficking)
* Selected major felonies
* Juvenile offenses
- Aldo Botti & Delongis:
If you are charged with a crime or if you are under investigation, it is imperative that your defense attorney immediately initiate a thorough investigation of the circumstances of your arrest. Obtaining and preserving the evidence in your favor and limiting the evidence against you are essential steps in any successful criminal defense.
- Kathryn Harry:
A drunk driving charge is a serious criminal charge. Most of us rely on
the ability to drive to do many everyday things, such as getting to
work, buying groceries, and transporting family members to activities
like lessons, medical appointments, and school. A person who is charged
with drunk driving stands an excellent chance of losing his or her
driving privileges either temporarily or permanently, and also runs the
risk of suffering more severe consequences, such as a fine or a jail
sentence. If you have been accused of a drunk driving offense, contact
an experienced drunk driving defense attorney without delay. You can't
afford not to have expert counsel on your side.
There are two aspects to an arrest for driving under the influence of
alcohol or drugs. One aspect is civil in nature and involves your
driving privileges while your dui case is pending. The other aspect is
the criminal defense part. Even though this may seem like
double-punishment for one crime (a violation of the Double Jeopardy
clause of the Constitution), the Illinois Supreme Court recently held
that a summary suspension of a driver's license is not punishment and
therefore does not violate the double jeopardy clauses of the Illinois
or U.S. Constitutions
The DUI Administrative Hearing
The suspension of your driver's license will take place on the 46th day
after you receive the Warning to Motorist. This often occurs at the time
of your arrest for DUI. Other times it occurs after the urine or blood
has been tested and the results from the lab are known. You have a
limited amount of time to save your driver's license from the
administrative suspension imposed by the Secretary of State of Illinois
and referred to as the Statutory Summary Suspension.
* If a breathalyzer or blood test showed you had a blood alcohol
level of .08 or higher, you could lose your driver's license
privileges for three months to one year depending on whether you are
considered a first time offender. * If you refused to take either
test, you will face a six-month to 3 year license suspension
depending on whether you are considered a first time offender.
The length of suspension is as follows:
Three months for "first DUI / DWI offenders" (those without prior DUI's
in the past five years) who have an alcohol concentration of .08 or
more.
One year for persons with a BAC of .08 or more who are not first DUI /
DWI offenders.
Six months for "first DUI / DWI offenders" who refuse any or all
testing; and
Two years for those who refuse chemical testing who are not "first DUI /
DWI offenders."
The term "first DUI / DWI offender," as used in the above paragraph, is
somewhat misleading. Those with a prior DUI / DWI conviction, court
supervision, or reduction to reckless driving more than five years
before the date of current arrest are considered first DUI / DWI
offenders even though they are ineligible for court supervision on the
criminal charge of DUI / DWI. For purposes of deciding whether you
should consent to the testing of your BAC, the officer may inform you
that you are a first time DUI / DWI offender even though you are not
eligible for court supervision because the civil suspension and criminal
proceedings are separate and distinct.
If you choose to serve out the Statutory Summary Suspension, you may be
eligible for a Judicial Driving Permit which will allow you to
temporarily drive for work or medical reasons while your license is
suspended. This will change on January 1, 2009.
You must obtain a drug and alcohol evaluation prior to applying for the
JDP. The DUI Criminal Process
It is the prosecutor's duty to attempt to prove you guilty beyond a
reasonable doubt of driving under the influence. Under Illinois law, it
is not your job to prove your innocence or to beat your dwi.
Don't assume the prosecutor can prove you are guilty of driving while
intoxicated or under the influence of drugs without speaking to an
experienced dui/dwi defense attorney.
Regardless, before you are sentenced on a DUI or apply for a JDP, a you
must obtain an alcohol evaluation from an agency licensed by the
Illinois Office of Alcohol and Substance Abuse (OASA). The various
treatment levels and their requirements are set forth as follows:
Level I Minimal Risk - Level 1 can only be recommended when you a) have
no prior DUI dispositions or suspensions; b) submitted to chemical
testing with a resulting blood alcohol level of less than .15; and c)
were not diagnosed with any other recognized symptoms of substance abuse
or dependence. Typically, completion of an Alcohol/Drug Risk Education
course (usually 10 hours) is required if you plead guilty or are found
guilty at a trial.
Level IIM Moderate Risk - Level 2M can only be recommended when you a)
have no prior DUI dispositions or suspensions; b) submitted to chemical
testing with a resulting blood alcohol level of .15 to .19; and c) were
not diagnosed with any other recognized symptoms of substance abuse or
dependence. Typically, you will be required to complete an Alcohol/Drug
Risk Education course (usually 10 hours) and an Early Intervention
Counseling Program (Minimum of 12 hours) if found guilty of the
underlying DUI charge.
Level IIS Significant Risk - Level 2S will be recommended when you a)
have at least 1 prior DUI disposition or suspension; and/or b) submitted
to chemical testing with a resulting blood alcohol level of at least
.20; and/or c) were diagnosed with other recognized symptoms of
substance abuse. Again, completion of an Alcohol/Drug Risk Education
course (usually 10 hours), Substance Abuse Treatment, (Minimum of 20
hours) and enrollment in and at least partial completion of Aftercare
treatment (usually 2-3 hours a month for 6 consecutive months) will be
required if you are found guilty.
Level III High Risk/Dependent and Non-Dependent - Level 3 will be
recommended when you have a) symptoms of substance dependence and/or b)
two prior convictions or court-ordered supervisions for DUI or two prior
statutory summary suspensions or two prior reckless driving convictions
reduced from DUI within a ten-year period from the date of the most
current (third) arrest. If you are found guilty of dui, completion of a
minimum of 75 hours of substance abuse treatment and enrollment in and
at least partial completion of Aftercare program or Continuing Care
(usually 2-3 hours a month for 6 consecutive months). If you are
considered dependent, you will required to complete a minimum of 75
hours of substance abuse treatment and enrollment in and at least
partial completion of Aftercare program or Continuing Care (usually 2-3
hours a month for 6 consecutive months).
Learn more about drunk driving and defense strategies: see our drunk
driving information center.
New Illinois DUI Law 2009 Requires Alcohol Interlock Ignition Device for
Cars
Effective January 1, 2009, first-offender drivers arrested in Illinois
for DUI will be required to install a breath alcohol interlock ignition
device (BAIID) in their cars, or wear a alcohol-monitoring ankle
bracelet (SCRAM) during a 6 to 12 month period, unless they successfully
beat the Illinois DUI Statutory Suspension. The cost of the devices,
ranging from $750.00 to $4500.00 dollars, will be paid by the arrested
person. See New DUI LAWS [link to new dui law page] for more information
on the laws that have or will take effect shortly.
- Michael Locicero:
If you have been charged with Driving Under the Influence (DUI), vehicular homicide, or any other alcohol related criminal or driving offense, it is critical that you contact an experienced Chicago criminal defense and DUI lawyer as soon as possible to protect your rights and to preserve any defenses that you might have available to you.
DUI is a serious criminal offense in Illinois, accompanied by severe and lasting penalties, including: a permanent criminal record, suspension or revocation of your drivers license, community service, incarceration, alcohol assessment and treatment, probation, vehicle immobilization or forfeiture, and serious fines not to mention increased insurance rates. DUI carries serious consequences, and requires a serious DUI defense attorney capable of mounting an effective defense.
Dont take on the criminal justice system alone.
:
DUI – DWI
Law—A DUI - DWI conviction in Illinois
carries with it heavy penalties, which may include: - A
permanent criminal record
- Suspension or loss of
license
- Community service
- Jail or prison
time
- Alcohol assessment and
treatment
- Probation
- Vehicle immobilization or
forfeiture
- Serious fines
If you
have been arrested or accused of drunk driving, DUI, DWI, vehicular
homicide, or any other alcohol-related criminal offense, you are
probably frightened, confused, and concerned about your future and
that of your family. The selection of an experienced attorney is
the first step towards regaining control of your life. Traffic
Violations—In addition to
alcohol-related driving offenses, we also defend clients accused of
a variety of state and local traffic offenses
including: - Failure to reduce speed to avoid an
accident
- Reckless driving
- Speeding
- Driving
while license suspended/revoked
- Operating without
insurance
- Disobeying a traffic control device
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