Palantine, Park Ridge, Peoria DUI Lawyers
- Palantine/Zion
- John Vojta: Although most people don't think of them as crimes, traffic violations can have serious criminal consequences. These traffic-related cases can become part of a criminal record, and it is crucial to have experienced legal help. A license suspension can happen when a driver receives several minor tickets or, in some cases, one serious ticket. A conviction of a traffic offense such as reckless driving, speeding, or driving with a suspended license will result in fines and may affect your driving record and increase your insurance rates.
- Molohon Sandquist & James:
Driving Under the Influence (DUI)
The State of Illinois continues to enact new drunk driving laws with harsher penalties. Our DUI defense lawyer, Mr. Sandquist, understands these new laws, and uses his considerable legal experience to help construct the best possible defense for his clients. Mr. Sandquist also represents clients throughout Illinois at administrative driver's license reinstatement hearings.
First Offense DUI ÑA first DUI charge in the State of Illinois is a Class A misdemeanor, and is punishable by up to one year in jail, a $2,500 fine or both. First offenders also face a mandatory license suspension for up to six months.
Second or Subsequent DUI Ñ The potential consequences of a second or subsequent DUI are far more severe and can lead to substantial jail time, steep fines, and a mandatory loss of the offender's driver's license for up to three years with no hope of even a hardship permit during that time. In order to effectively fight these charges, you will need a veteran attorney to aggressively challenge the prosecution's case at trial.
Underage DUI Ñ Under Illinois' "Use It and Lose It" zero tolerance law, drivers under age 21 can be convicted for having any amount of alcohol in their bloodstream while operating a motor vehicle and may face the loss of their driving privileges for up to one year
Truck Drivers Ñ Commercial driver's license holders can be convicted of DUI for having a blood-alcohol content of .04. The State can revoke your commercial driver's license for 12 months following the first DUI offense, and may permanently revoke it following a second DUI offense. In fact, it does not matter if you were off-duty in your own car at the time of the arrest, your commercial driving privileges may be revoked.
New DUI Laws Ñ Illinois has expanded its drunk driving laws, such that a DUI is automatically enhanced to the level of a felony when the offender is driving without insurance, driving on a suspended/revoked license, or carrying a passenger under the age of 16.
- Michael
Meschino:
DUI-DWI Offenses - A cultural stigma has
become associated with drunk driving that was not present in
our society even a decade ago. Public perception categorizes
people charged with drunk driving as criminals, even before
they have been convicted of any crime. Being arrested for drunk
driving, driving under the influence (DUI), or driving while
intoxicated (DWI) can be an unsettling proposition, to say the
least. A DUI - DWI conviction in Illinois carries with it heavy
penalties, including:
- A permanent criminal
record
- Suspension or loss of license
-
Increased insurance rates
- Community service
-
Possible jail or prison time
- Alcohol assessment and
treatment
- Probation
- Vehicle immobilization
or forfeiture
- Serious fines
- Possible job
loss
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.
- Gary Payton:
The police have the power and resources of the state on their
side, you need someone on your side who is knowledgeable and
willing to represent your interests.
- Palos Heights
- John Eannace:
During the past few decades, a crusade throughout Illinois and the
nation has developed to enact laws to deal with the problem of drunk
driving. ... A person charged with DUI is well-advised to retain the
services of an attorney to represent him during the hearing process and
possible requests for a judicial driving permit.
The consequences of a DUI conviction are harsh. An Illinois DUI charge,
at its least severe, is a class A misdemeanor punishable by up to $2500
in fines, and up to 364 days in jail. In some cases, felony criminal
charges may apply! Additionally, a conviction for DUI will result in
the revocation of driving privileges. Automobile companies have access,
under law, to the driving records of Illinois motorists, and when they
learn of DUI convictions or license suspensions, insurance cancellation
is possible, with new coverage available only at a sharply increased
price.
Before automatically pleading guilty or entering into a rushed plea
agreement because the breath test machine recorded a score above the
legal limit, you should seek legal assistance. Often, these cases can
be successfully defended before a jury.
- Park Ridge
- Bellas & Wachowski:
In Illinois, drunk driving is taken very seriously. Depending on the blood-alcohol level and whether it was a repeat offense, a DUI / DWI charge can bring jail time and serious fines. No matter what the level of offense, your license will be revoked. A conviction will give you a criminal record.
For any level of DUI, a lawyer is a necessity:
* An experienced drunk driving defense attorney can attempt to obtain for you a lesser punishment, such as rehabilitation.
* An attorney can protect you from the authorities, who may try to drag a confession from you and turn your words against you.
* An attorney may be able to get your license back.
* If the police did not follow procedure in any aspect of the arrest for DUI, a lawyer may be able to have the charges dismissed.
Illinois DUI Laws
License Revocation: After any DUI charge in Illinois, there is a mandatory license suspension for a period from 3 months to two years. If you hire a DUI lawyer in time, he or she can appear before the DMV and request a hearing to get you your license back. If that fails, first offenders may obtain a Judicial Driving Permit license that they can use while their regular license is suspended.
First Offense: A first offense is almost always considered a misdemeanor. A DUI lawyer can see that you receive you court supervision instead of a conviction Ñ once you complete the period of court supervision, your charges will be dismissed.
Later Offenses: Second drunk driving offenses are often treated as misdemeanors, but third offenses are typically felonies. If convicted of a felony, you could face up to 364 days in jail and fines up to $2,500. And there is a mandatory 1-year license revocation after a felony drunk driving conviction. Obviously, the DUI lawyer you choose should work hard to attempt to prevent you from being convicted of a felony.
DUI Under 21 Years Old: Minors charged with a DUI will suffer a two-year license revocation for their first offense. But your drunk driving defense attorney can obtain a restricted permit that will allow you to drive from 5 a.m. to 9 p.m.
- Larsen & Edlund:
A drunk driving charge can affect your insurance premiums and your ability to driving, thereby impacting your ability to earn a living. It is important that you preserve your rights while protecting your reputation, regardless of the seriousness of the offense.
- Nicholas Giordano:
Once I am told my rights, can I be questioned?
You can be questioned, without a lawyer present, only if you
voluntarily give up your rights and if you understand what you are
giving up. If you agree to the questioning, then change your mind,
questioning must stop as soon as you say that you want a lawyer. If the
questioning continues after you request a lawyer and you continue to
talk, your answers can be used against you if you testify to something
different.
You may be required to give certain physical evidence. For example, if
you are suspected of driving under the influence of alcohol, you may be
requested to take a test to measure the amount of alcohol in your
system. If you refuse to take a test, your driver's license may be
suspended and the refusal will be used against you in court.
Once you are booked, meaning your arrest is written into official
police records and you are fingerprinted and photographed, you have the
right to make and complete telephone calls that are free within the
local dialing area.
- Charles Harth:
Were you stopped for a DUI? Learn where you stand and what your
options are. We can explain the ramifications of law related to
your case. Remember each case is different, so a through review
of your records is extremely important. Did you receive a notice
for Statutory Summary Suspension? Statutory Summary Suspension is
the temporary suspension of your drivers license. You may be
eligible for a hard ship license.
- Steven
Kozicki:
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. To find a person guilty
under the first definition, a jury (or judge) must be convinced
beyond a reasonable doubt that the person's blood alcohol content
(BAC) exceeded a certain amount. In most states the legal limit is
.08 percent. Therefore, if it is proved that the person's BAC at
the time of the incident was .08 percent or greater, he or she can
be convicted of drunk driving, regardless of how much alcohol was
actually consumed. As a practical matter, one drink would almost
certainly not lead to a BAC of .08 percent or greater; generally, a
person needs to have five drinks in an hour to develop a BAC of .08
percent. However, if there was something unique about the person or
the drink, or other circumstance, one drink could raise the BAC
above the legal limit.
In contrast, the second definition does not refer to any particular
BAC. It focuses on the driving behavior of the person; if it is
impaired by the person's consumption of alcohol, he or she can be found
guilty of drunk driving. Instead of presenting evidence of the BAC to a
jury, the prosecution seeking a conviction under this definition
generally presents testimony about the person's driving and consumption
of alcohol. A police officer will often describe the impaired driving
that lead him to pull the person over and the person's ability (or lack
thereof) to perform field sobriety tests, such as walking a straight
line. Evidence is also usually presented concerning the person's
consumption of alcohol and if the jury then concludes that the
prosecution has met its burden of proof, it will convict the person of
drunk driving. A susceptible person may exhibit impaired driving after
one drink and therefore be convicted of drunk driving.
- Peoria
- Inman, Arthur:
You need to move quickly in DUI cases to protect your driver's license in both the short term and the long term. You are subject to civil suspension of your driver's license for three months if you failed a breathalyzer test and for six months if you refused to take a breathalyzer test.
- Justice & Kamp:
family, marital, criminal, DUI & traffic law
- Ramos Law Office:
You have been charged with a DUI in Illinois, do you need an attorney?
The consequenses of a DUI conviction in Illinois will mean that your license will be revoked. If the DUI is charged as a misdemeanor, you will also face up to a year in jail and up to a $2,500 fine plus court costs. If the DUI is charged as a felony, you face multiple years in prison and thousands of dollars in fines.
- McCall Law Offices:
Driving Under the Influence
You should know that driving under the influence of alcohol or drugs, hereinafter referred to as "DUI", is a very serious matter in Illinois. An Illinois DUI can result in a Class A misdemeanor conviction, which is punishable by up to $2500 in fines and up to 364 days in jail. In addition, An Illinois DUI can result in a Class I or II Felony, which is punishable by up to life in jail and up to $2500 in fines. Besides the punishment of a conviction, an Illinois DUI will automatically revoke your driver's license. A revocation may cause a summary drivers license suspension for three months, six months or even a permanent loss of driving privileges. An Illinois DUI conviction can further result in higher automobile insurance premiums and difficulty in conducting everyday transactions that require presentment of your driver's license (such as cashing checks, applying for a credit card, visiting social establishments, passport requests and renting a car). Last but not least, an Illinois DUI conviction can drastically impact your present job or future job prospects. Many attorneys claim to be DUI defense lawyers, but they simply handle guilty pleas.
- Lowe, Kevin:
DUI
Driving Under the Influence of Alcohol (and/or other drugs)
DUI is a serious charge that can have serious consequences. A conviction can damage a person's reputation and threaten his job or career. A conviction will also revoke his driver's license. The financial consequences can also place a great deal of strain on most households. With the assistance of an experienced attorney, however, drivers will gain peace of mind and survive the court system.
THE BASICS
DUI usually means one of two things: (i) driving a vehicle while under the influence of drugs or alcohol, or (ii) a blood alcohol concentration (BAC) of 0.08 or greater. These are separate offenses, and most people are charged with both.
POSSIBLE PENALTIES
Criminal Consequences
The possible penalties for DUI vary depending upon the circumstances of each case. A typical first offense, without aggravating circumstances, is a Class A misdemeanor. Under Illinois law, a Class A misdemeanor is punishable by a fine of up to $2,500.00 and up to 365 days in jail. Additionally, the Court can order drivers to undergo an alcohol evaluation and to complete remedial alcohol education, counseling, and treatment. Often, the Court will order drivers to attend a Victim Impact Panel.
Civil Consequences
In addition to criminal penalties, the Secretary of State will use its civil authority to suspend or revoke driving privileges. A typical suspension is either 6 or 12 months, depending on whether the driver completed a breath test. If, however, the accused is not a "first offender," the driver's license will likely be revoked, and he or she will lose driving privileges for at least one year.
CAN I FIGHT A CHARGE?
Of course. Every person is innocent until proven guilty. Unfortunately, police and prosecutors often forget about our Constitutional presumption of innocence. Under our system of justice, the State has the burden to prove guilt beyond a reasonable doubt. To convict, prosecutors must prove either (i) the driver's BAC level was 0.08 or higher, or (ii) the accused was in actual physical control of a vehicle while under the influence of alcohol, drugs, or a combination of substances.
SHOULD I BLOW?
Probably Not. The State's single most important piece of evidence is the driver's actual blood alcohol concentration (BAC). If a driver blows above 0.08, it becomes more difficult to defend the case. An Intoxylizer result is powerful evidence and could be difficult to beat in court. A high BAC is also strong evidence that the accused was actually "under the influence."
In some cases, the law provides for enhanced penalties if the BAC is 0.16 or higher. If, however, the driver does not blow, the prosecution is missing a key element of its case. Prosecutors then must use other, less reliable evidence to prove the accused was "under the influence" (i.e., slurred speech, odor of alcohol, inability to walk a straight line).
If you are certain your BAC is less than .08, you should probably blow. Most people, however, have no idea when their BAC is greater or less than .08. In some instances, even if the driver blows under .08, he can still be charged with DUI.
FIELD SOBRIETY TESTS: SHOULD I "WALK THE STRAIGHT LINE?"
Probably Not. Most people do not realize they can refuse an officer's request to step out of the car and, among other things, "walk a straight line." Usually, by refusing an officer's request to perform these field sobriety tests, people help their cases and hinder the State's ability to prosecute them. The purpose of a field sobriety test is simple: to collect evidence against the driver. If he refuses the tests, the State will have less evidence.
Often people believe that, if they cooperate with the police, they will be issued a warning and let go. Nonsense! Once an officer suspects DUI, he will not let the driver go! The officer will do only one thing: attempt to get as much evidence as possible before escorting the driver to jail. Unlike a refusal to blow, drivers cannot be penalized for refusing to perform these field sobriety tests.
WILL MY LICENSE BE SUSPENDED/REVOKED?
Yes. Under Illinois' Implied Consent laws, the Secretary of State imposes a penalty on people who refuse to blow or who blow over .08. A "first offender," as defined by the statute, who refuses to blow, will be suspended for twelve months. If, however, a first offender blows .08 or greater, his license will usually be suspended for only six months. Drivers who are not a "first offenders" will face a three-year suspension upon refusal to blow; blowing over .08 will result in a one-year suspension.
In some cases, the Court can remove the suspension, if the officer did not follow proper procedures. Moreover, as of January 1, 2009, a first-time offender is eligible for a Monitoring Device Driving Permit (MDDP) after serving 30 days of the suspension, but must first have an ignition interlock device (BAIID) installed to receive the permit. Unlike the former "Judicial Driving Permit," which limited drivers to specific routes during certain hours of the day, the MDDP allows drivers unlimited access to the road at all hours. Unfortunately, the MDDP is more expensive, because the driver must pay a monthly fee for the ignition interlock device.
For more information regarding the MDDP and BAIID, pleas visit the Illinois Secretary of State.
The Secretary of State will revoke driving privileges only if the driver is convicted of DUI. A conviction can be avoided if (i) the charges are dismissed, (ii) the accused is found not guilty after a trial, or (iii) the driver receives - and successfully completes - a sentence of court supervision.
CAN I GET COURT SUPERVISION?
Maybe. For a first offense, drivers may be able to get court supervision. Court supervision is a supervisory period (typically 12 to 18 months), during which drivers follow various terms and conditions set by the Court. By successfully completing the period of supervision, drivers can avoid a DUI conviction. Instead, the case will be adjudicated without conviction. As a result, the Secretary of State will not revoke the driver's license.
To maximize the chances of getting court supervision, drivers should retain an experienced attorney who concentrates in criminal, traffic, and DUI cases. Only first-time offenders are eligible for court supervision. All other offenders will face license revocation upon conviction for a DUI.
CAN I GET MY LICENSE BACK?
Yes, eventually. After revocation, drivers can eventually apply for reinstatement. Usually, they will be required to attend a formal hearing in Springfield. To prevail at the hearing, however, drivers will need to convince the Hearing Officer that they are not a threat to public safety.
Once again, drivers should retain an experienced attorney to prepare and represent them at the hearing. People rarely, if ever, succeed in a formal hearing without the advice of an attorney who regularly handles reinstatement hearings.
DO I NEED A LAWYER?
Yes! The DUI laws are complex - even many lawyers don't understand them. You need an attorney who concentrates in DUI/traffic law, with years of experience in the field. As a result, call or e-mail Attorney Kevin Lowe, a DUI lawyer who concentrates his practicde in criminal defense -- felony, misdemeanor, traffic and DUI. Don't go it alone -- call today -- or click here to fill out our online contact form.
- Brown, Joel:
* Drug charges: Unlawful possession; possession with intent to deliver, distribute or sell; trafficking; conspiracy, manufacturing and acquiring of illegal drugs; or attempted crimes involving illegal drugs and controlled substances, including crack and powder cocaine, marijuana, methamphetamine (meth), methamphetamine precursors (ephedrine, pseudoephedrine, anhydrous ammonia), heroin, MDMA/Ecstasy, psilocybin/mushrooms and LSD
* Weapons charges: Unlawful use of a weapon, possession without a firearms owner's identification card (FOID), use or possession while committing a drug or violent crime, and illegal weapons sales
* Crimes against persons: Murder, manslaughter, reckless homicide, drug-induced homicide, battery, domestic battery, violations of order of protection, robbery and home invasion
* Crimes against property: Residential burglary, burglary of a business or vehicle, criminal damage to property (including government-owned property such as a school)
* Sexual offenses: Criminal, aggravated or predatory sexual assault or abuse
* DWI/DUI, traffic violations and other misdemeanor offenses
* Probation violations
* Juvenile offenses
* Juvenile abuse or neglect
- Williams, Maureen:
* Vehicular Homicide
* DUI Appeals
* Driver's License Revocation
* Driving With a Suspended License
* Driving Without a License
* Reckless Driving
* Speeding
Are you facing a DUI charge in Illinois? You not only must address the criminal charge, but the civil action against you can result in the loss of your driverÕs license for three months if you failed the breathalizer, or six months if you refused to participate at the police station. There are means available to obtain a permit to drive even when the state suspends your license.
- Borsberry, Joseph:
from misdemeanors, such as battery, to felonies, such as drug crimes, robbery or murder, you have the right to defend yourself against the charges
- Miller & Pugh:
Being accused of Driving Under the Influence of Alcohol or Drugs (DUI), is a very serious matter with serious ramifications on your future. A DUI conviction can result in a class A misdemeanor conviction punishable by up to 364 days in jail, $2500 in fines and revocation of your driverÕs license. Subsequent DUIs can result in felony convictions punishable by years in prison and lifetime revocation of your driverÕs license.
A DUI conviction can drastically impact your future by causing you to lose your present job and limiting your future prospects. With so much at stake it makes sense to choose the legal representation that is best able to achieve a favorable result for you.
- Ramos, Jason:
You have been charged with a DUI in Illinois, do I need an attorney?
The consequenses of a DUI conviction in Illinois will mean that your license will be revoked. If the DUI is charged as a misdemeanor, you will face up to a year in jail and up to a $2,500 fine plus court costs. If the DUI is charged as a felony, you face multiple years in prison and thousands of dollars in fines.
- Hanna & Hanna:
A DUI or DWI charge can force you off the road and land you in jail. If you are charged with DUI or DWI, you are in a serious situation.
- Hasselberg, Williams, Grebe, Snodgrass & Birdsall:
You should consult an attorney for individual advice regarding your own situation.
- Peter LaSorsa:
Even if this is your first offense, the penalties for driving under the influence (DWI) or under the influence of a controlled substance or prescribed medications can be serious. Such penalties include:
* License suspension
* Fines
* Attendance in alcohol prevention programs
* Jail time
You may also be charged with higher insurance premiums for a period of several years. If you've been charged with drunk driving, you need the services of attorney Peter LaSorsa. My goal is to avoid the suspension of your license, or at least obtain "restricted status", which will enable you to drive to work.
- Kavanagh, Scully, Sudow, White & Frederick:
A conviction for DUI / DWI is serious, and can have a lasting impact on your finances, your freedom, and your familys future.
- Arthur Inman:
What to Do if You Are Falsely Accused of a Crime
Believe it or not, many people who are convicted of a crime and end up
in prison were falsely accused. Although the American criminal justice
system works in most cases, not all juries get things right, and the
consequences can be tragic. An innocent party pays the price for
something he or she did not do, while the guilty party roams free. The
best way to avoid such an unjust result and ensure the proper outcome
when faced with criminal accusations is to immediately seek counsel
from the best criminal defense attorneys available. Skilled and
knowledgeable defense lawyers know their way around the criminal
justice system and can navigate through the complex procedures to
ensure the fairest possible conclusion.
- Dura Law Office:
You should consult an attorney for individual advice regarding your own situation.
- Ghantos
Law Offices:
Traffic violations can have serious criminal consequences, particularly
when a driver is accused of driving under the influence. A conviction
on DUI or DWI charges may result in fines, the revocation or suspension
of your driver's license, and possible jail time. In addition, your
insurance company may increase your rates to an unmanageable level. In
defending against an impaired driving charge, you have many rights as a
criminal defendant, including the right to cross-examine the witnesses
against you, even if they are police officers. An experienced criminal
defense attorney can make all the difference in such a difficult case.
- Joe Gibson:
Traffic violations can have serious criminal consequences,
particularly if you are accused of driving under the influence or
driving while intoxicated (DUI/DWI). If you are convicted of
DUI/DWI, the potential consequences include fines, driver's license
suspension or revocation, and jail time. In addition, your
insurance company will likely raise your rates to a point where
they are not affordable. In defending against DUI/DWI, you have
many rights as a criminal defendant, including the right to
cross-examine the witnesses against you. An experienced attorney
representing you can make all the difference.
- John Lonergan:
The largest concern in any DUI case is the preservation of your
driving privileges. Certainly the possibility of 364 days in
jail is foreboding. But, if you are convicted of a DUI your
license will be REVOKED and that carries with it an entirely
different loss of freedom. Revocation is different from a
suspension in that when the period of suspension is over you
simply pay a reinstatement fee and you are back on the road. If
revoked the reinstatement process is long, difficult and
carries no guarantees.
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