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Springfield DUI Lawyers

1. Locher, Bruce: * Any type of drug offense, including trafficking, distribution, and possession * Juvenile Court cases, including drug offenses, underage drinking, burglaries and violent crimes * Traffic violations ranging from Speeding and improper lane usage to reckless driving and DUI (drunk driving) * Allegations of sexual abuse against children * Fraud, embezzlement and other white collar crimes * Robbery, burglary * Violent Crimes ranging from Murder to Battery and Assault * Violations of parole and probation * Appeals and post-convictions * Expungements, record sealing and pardons
2. Lampert, Raymond: Missouri is one of the few states in the US where the number of alcohol related fatalities has actually increased since 1982. However, the percentage of alcohol related fatalities has gone down as the total number of highway fatalities has increased. The alcohol related death rate per 100 million VMT (see explanation below) has also decreased. In 2004, out of all traffic fatalities, 34% involved a blood alcohol concentration (BAC) of 0.08 or higher Fatalities 2004 Total - 1,130 Alcohol Related - 449 Percent Alcohol Related - 40 Above .08 BAC - 388 Percent above .08 - 34 Points are added to a driverÕs record for an alcohol related traffic conviction. First conviction for excessive blood alcohol content (BAC) 8 points First conviction for driving while intoxicated (DWI) or driving under the influence of drugs (DUID) 8 points Second or subsequent conviction for DWI, DUID or BAC 12 points Commercial motor vehicle .04% 2 points A first-time DWI or BAC conviction results in a 30-day suspension. After the 30-day suspension, the driver may receive a 60-day restricted driving privilege. The driver is eligible for full reinstatement after 90 days if all reinstatement requirements are met. A person convicted of operating a commercial motor vehicle while his or her alcohol content is .04% will be assessed 2 points and disqualified from driving a commercial motor vehicle for one year. Multiple Convictions A driver convicted of a second alcohol offense, regardless of the length of time between convictions, is revoked for a period of one year. A driver convicted of driving while intoxicated for the second time in a five year period also receives a five year license denial. A ten year license denial is imposed against any individual convicted three or more times for driving while intoxicated, excessive blood alcohol content (BAC) or a combination thereof. After ten years, the privilege to drive can be restored only by court order. Reinstatement A person whose driving privilege is suspended or revoked may have his or her driving privilege reinstated after the suspension or revocation period is served if all requirements are filed with the Department of Revenue. If a driver does not satisfy the reinstatement requirements, the driving privilege remains suspended or revoked. Anyone suspended or revoked for points assessed as a result of an alcohol related conviction must meet the following reinstatement requirements: Pay a $45 reinstatement fee. File and maintain proof of financial responsibility for two years from the suspension or revocation date. Provide proof of successful completion of a Substance Abuse Traffic Offender Program. The Division of Alcohol and Drug Abuse will send this form directly to the department after the program has been completed. Any driver revoked for at least one year is also required to take and pass the complete driver examination and apply for a new license at proper fee. Administrative Alcohol Arrests A person arrested for driving with a blood alcohol content of .08 percent or higher is processed administratively as well as, criminally. Minors arrested or stopped with .020% or more blood alcohol content are also subject to the administrative sanctions under section 302.500 through 302.540. The arresting officer completes and sends information to the Department of Revenue, including the following. Alcohol Influence Report form (AIR). Missouri Uniform Complaint and Summons, or warrant, if applicable. Notice of Suspension/Revocation of Driving Privilege and Temporary 15-Day Driving Permit (this will only be issued if the individualÕs license is taken). Missouri Driver License, if secured. Hearing Process The driver has 15 days from the date of the arrest to request an administrative hearing. If requested, a hearing is scheduled by the Department of Revenue in the county of arrest or may be held by telephone. In most cases, the administrative records are sufficient to serve as the arresting officerÕs testimony during the administrative hearing. In some instances, however, the arresting officer may be subpoenaed to appear. Suspension/Revocation If the action is upheld, the driver license is suspended or revoked based on the prior five year driver record. If convicted or suspended during the past five years for an alcohol related law enforcement contact, the person is revoked for one year, if not, a 30 day suspension is imposed. The 30 day suspension is followed by a 60 day restricted driving privilege. The effective date of the suspension or revocation is 15 days after the final order of the hearing officer is mailed from the Department of Revenue. If the driver does not request a hearing, a suspension or revocation begins on the 15th day after the arrest, and is final. If the suspension/revocation is upheld at the administrative hearing, the individual can petition the circuit court for further review. The suspension or revocation is still imposed even though a circuit court review is pending. If the arrest is upheld by the court, the driver serves any remaining time for the original suspension or revocation period and must meet the reinstatement requirements. If the arrest is overturned by the court, the suspension or revocation is canceled and the license is returned, if applicable. The reinstatement requirements are: Pay a $45 reinstatement fee. File and maintain proof of financial responsibility (SR-22 filing) for two years from the suspension or revocation date. However, proof of financial responsibility is not required for minors suspended on a first offense under the zero tolerance law. Provide proof of successful completion of a Substance Abuse Traffic Offender Program. The Division of Alcohol and Drug Abuse will send this form directly to the department after the program has been completed. If revoked, the individual is required to take the complete written and driving tests before applying for a new license. Chemical Test Refusal MissouriÕs implied consent law requires a driver to submit to a chemical test when requested by a law enforcement officer. If the driver refuses to submit to the test, the license is revoked for one year. Initial notice of the refusal should be served by the arresting officer. The officer completes and sends information to the Department of Revenue utilizing an Alcohol Influence Report form or a Refusal Affidavit. The arresting officer will take possession of any valid Missouri Driver License the driver has in his or her possession and issue a 15 day permit. Any continued driving beyond the initial 15 day period must be pursuant to a court issued stay order. The stay order will hold the revocation in abeyance until disposition of the case. If the arrest is upheld by the court, the driver serves any remaining time for the original revocation period and must meet the reinstatement requirements. If the arrest is overturned by the court, the revocation is canceled and the license is returned, if applicable The reinstatement requirements are: Pay a $45 reinstatement fee. Provide proof of successful completion of a Substance Abuse Traffic Offender Program. The Division of Alcohol and Drug Abuse will send this form directly to the department after the program has been completed. Abuse and Lose If ordered by the court, anyone under the age of 21 years of age may have his or her driving privilege suspended or revoked for any one of the following reasons: Any alcohol related traffic offense. Any offense involving the possession or use of alcohol while operating a motor vehicle. Any offense involving the possession or use of a controlled substance. Any offense involving the alteration, modification or misrepresentation of a driver license. A second offense involving the possession or use of alcohol by someone under 18 years of age. The first withdrawal action under the Abuse and Lose law shall be for 90 days and any subsequent action shall be for one year. The reinstatement requirements are: Pay a $45 reinstatement fee. Provide proof of successful completion of a Substance Abuse Traffic Offender Program. The Division of Alcohol and Drug Abuse will send this form directly to the department after the program has been completed. Minor in Possession/Other Alcohol Offenses Statutory References: 311.325 and 577.500 Conviction Two points are added to a driverÕs record for a minor in possession traffic conviction. The person must have been operating a motor vehicle. Court Ordered Suspension/Revocation If ordered by a state court, any person more than 15 and under 21 years of age may have his or her driving privilege suspended or revoked for any one of the following reasons: Purchasing or attempting to purchase any intoxicating liquor. Possessing any intoxicating liquor. Being visibly intoxicated as defined in section 577.001, RSMo. Having a blood alcohol content level of more than .020 percent. The first withdrawal action under the Minor in Possession/Other Alcohol Offenses law shall be for 30 days, the second withdrawal action shall be for 90 days, and the third or subsequent withdrawal action shall be for one year. The reinstatement requirements are: Pay a $45 reinstatement fee. Provide proof of successful completion of a Substance Abuse Traffic Offender Program. The Division of Alcohol and Drug Abuse will send this form directly to the department after the program has been completed. Automatic License Suspension How can I get my driver license back when it is suspended/revoked under the Administrative Alcohol Law? Send the following items to the Driver License Bureau, P.O. Box 200, Jefferson City, MO 65105-0200 before your suspension/revocation period ends. Substance Abuse Traffic Offender Program (SATOP) completion form or a comparable program completion form. The Division of Alcohol and Drug Abuse will send this form directly to us after you complete the program. $45 reinstatement fee. Money order or personal check is acceptable. Please include your full name, address, date of birth, and driver license number. Proof of insurance (SR-22). It must be kept for two (2) years from the starting date of your suspension/revocation. The SR-22 is not required for minors suspended/revoked for the first time testing with a blood alcohol level of .020% or more. When will I get my driver license back? If you have met your reinstatement requirements, you can get your driver license back 90 days from the starting date of your suspension. We will send the license back to you with your reinstatement notice. If your license was revoked for one year, and you have met your reinstatement requirements, you must retest and complete an application for a Missouri driver license before driving. Can I have any type of driving privilege while I am suspended/revoked? If you have been revoked, you are not eligible for any type of driving privilege. If you have been suspended, you must serve the first 30 days of your suspension without driving. After the first 30 days, you may receive a 60-day Restricted Driving Permit for work, school, and to attend an alcohol education/treatment program. You do not have to apply for this permit. One may be issued to you after you file an SR-22 with our office, if you are otherwise eligible. The SR-22 is not required for minors suspended for testing .020% or more. If you have been suspended, you also have a second option. You may apply for a Limited Driving Privilege (hardship license). You must serve the first 30 days of your suspension without driving. After the first 30 days, you can apply for the hardship license. The hardship license can be used for work, your alcohol program, medical treatment, school, etc. After September 30, 2005, a person cannot obtain a hardship license to drive a commercial motor vehicle. NOTE: Only one hardship license can be given to you in a 5-year period. Therefore, if you only need to drive to and from work and/or an alcohol education/treatment program, you may drive on your restricted driving privilege instead of applying for a hardship license. How long do I need the SR-22 insurance filing? You need to file the SR-22 for two (2) years from the starting date of your suspension or revocation. The SR-22 is not required for minors suspended/revoked for the first time testing .020% or more. Will I have to retake my test? You will have to retake your test if you have been revoked or your license has been expired for more than 6 months. How do I request a hearing? Within 15 days from the date the Notice of Suspension/Revocation is issued to you, a written request must be received by, or postmarked to: Missouri Department of Revenue, Driver License Bureau, P.O. Box 3700, Jefferson City, MO 65105-3700 You must indicate on the hearing request whether you want to have your hearing in-person or by telephone. If you do not request an in-person hearing, a telephone hearing will be scheduled. If a hearing is granted, a permit to drive will be mailed to you if you have surrendered your driver license and are eligible to drive in Missouri. The permit will allow you to drive until 15 days after the decision from the hearing is mailed to you. If you do not correctly request a hearing within 15 days from the date the Notice of Suspension/Revocation is issued to you, your hearing will be denied and no further appeal is possible. Your hearing date and time will be mailed to you. If you have hired an attorney, please ensure you have provided the personÕs full name and current mailing address on your request for hearing. What is an SR-22 insurance filing? It is a form from your insurance company that shows your motor vehicle has liability insurance. Why do I need to complete a SATOP, I was not convicted? If you drove with a blood alcohol content above the legal limit, the law requires you to complete a SATOP. When will the administrative suspension or revocation come off my driver record? Never, as the law requires this to be part of your driver history.
3. Harders, Robert: What Happens to First Offenders in the State of Illinois? Illinois First Offender DUI, at its least severe, is a Class A misdemeanor punishable by up to $2500 in fines, and up to 364 days in jail. If someone suffers great bodily harm as a result of the drunken driving, Illinois will raise the charge to a felony. 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. STATUTORY SUMMARY SUSPENSION LAW: 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. 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. DUI in general is punishable by up to 364 days in jail, and up to $2500 in fines. 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 conviction results in automatic revocation (permanent deprivation) of driving priviliges in Illinois. First Offender Table You may challenge a suspension at a judicial hearing: To contest a summary suspension, a petition must be filed in the circuit court of venue within 90 days of receiving your notice of summary suspension. The burden of proof at a summary suspension hearing rests upon you. A hearing must be held within 30 days of the date the petition is filed, or on the first appearance date if a traffic ticket is issued for filing of the DUI charge. Under 21 Table A person under age 21 found guilty of DUI may be ordered by a judge, as a condition of probation or discharge, to participate in the Youthful Intoxicated DriverÕs Visitation Program. In this case, you will undergo a comprehensive counseling session prior to visitation to determine if the program is appropriate. If approved, you may be sent on a supervised visit to a location where the results of alcoholism or DUI crashes can be viewed. If you were suspended prior to age 18, you will be required to successfully complete a driver remedial education course to make your driving privileges valid again. In addition, you may be required to submit to a complete driverÕs license examination to be re-issued a driverÕs license. Yes, you can one be arrested for a DUI even if you are not driving. You need only to be in "actual physical control" of a motor vehicle. For example, you could be sitting behind the wheel in park, with the engine off and the radio on, and be considered in "physical control" even though not driving. During 2001, 91 percent of drivers arrested for DUI who either failed or refused chemical testing lost their driving privileges; 82 percent of those were first offenders. Sixty-two percent of the summary suspension were for failed chemical tests, while 38 percent were for refusals. The Secretary of StateÕs office also recorded 251 suspensions for Illinois drivers who refused chemical tests in other states. (If an Illinois driver refuses to submit to chemical testing in another state, his/her Illinois driving privileges will be suspended.) **The term "first offender" is somewhat misleading. Technically, those with a prior DUI conviction, court supervision, or reduction to reckless driving more than five years before the date of current arrest are considered first offenders even though they are ineligible for court supervision on the criminal charge of DUI.
4. Kirby, Phillip: Criminal Defense
5. Dees Law Office: Driving Under the Influence (DUI) charges are very serious and carry consequences above and beyond a criminal record. Being convicted as a drunk driver often means having to report the conviction on housing applications, job applications, and may lead to increased insurance premiums. Do not go it alone in court without a lawyer. You may unknowingly agree to a deal or plead guilty without understanding the full extent of the consequences. It is critical to be represented by a criminal defense lawyer as soon as possible after being arrested or charged with drunk driving.
6. Feldman, Wasser, Draper & Benson: ...represent clients charged with DUI in secretary of state hearings and drivers license hearings in order to get a revoked license back or obtain a restricted driving permit / work permit so the client may legally drive to work.
7. Tom Bruno: Illinois law provides that it is a "Class A" misdemeanor to drive with 0.08% BAC or greater, regardless of whether your ability to drive is impaired. This was changed from the previous 0.10% effective July 3, 1997, as Illinois became the 14th state to lower its level from 0.10% to 0.08%. It is also illegal to drive when your ability to do so is impaired by alcohol and/or drugs, regardless of your BAC. BAC is Blood Alcohol Concentration, or the percentage of alcohol in your bloodstream, typically measured by measuring the alcohol in your exhaled breath and attempting to compute the percentage that is in your blood by applying a formula to convert alcohol in your exhaled breath to alcohol in your bloodstream. A "Class A" misdemeanor is punishable by up to one year in jail and up to a $2,500 fine. If you had a breath test of 0.16% BAC or greater there is a minimum fine of $600. Upon conviction for Driving Under the Influence, the Secretary of State is compelled to revoke your driver's license. Revocation is open-ended. You are eligible to re-apply for your driving privileges after one year (typically), but many persons find that it takes 18, 24, or even 36 months before they can satisfy the Secretary of State to reissue their driver's license. Is DUI different from DWI? No. In different states, and even in different areas of Illinois, different terminology is used. DWI is "Driving While Intoxicated". DUI is "Driving Under the Influence". The term "Driving While Intoxicated" does not appear anywhere in the Illinois statute, but the two terms are used almost interchangeably. Statutory Summary Suspension If a request is properly made by the police officer, following an arrest for Driving Under the Influence, that the arrested driver submit to a breath test, the driver must comply or face suspension of his or her license. Illinois law catagorizes persons as "first offenders" and "non-first offenders". A first offender who refuses a proper request for a breath test faces an automatic six month loss of license. A first offender who blows a breath test greater than 0.08% BAC faces an automatic three month loss of license. The length of the suspension depends on whether the person has a prior Statutory Summary Suspension and whether the person submitted to a breath or blood test in the current case. This suspension is automatic. However, the law does provide an opportunity for the defendant to have a pre-trial hearing at which he or she can contest the suspension. This pre-trial hearing is separate and distinct from a person's guilt or innocence. We have been successful many times prevailing in these pre-trial hearings, thus assuring that our clients' driving privileges are not suspended. These suspensions begin 45 days after the refusal or breath test. They occur regardless of the outcome of the actual charge of Driving Under the Influence. The second phase of a DUI is the guilt or innocence of the person accused of the DUI. In this phase, the prosecution must prove beyond a reasonable doubt the guilt of the person accused of DUI.
8. Turner Law Office: The United States Supreme Court held in 1966 in the case of Miranda v. Arizona that a person has a right to an attorney during questioning by the police. The basis for this right is the privilege against self-incrimination under the Fifth Amendment of the United States Constitution.
9. McWard Law Office: Driving Under the Influence (DUI)
    
   A DUI IN ILLINOIS CAN COST YOU YOUR LICENSE
   You need to talk to a lawyer to protect your rights and your license.
   Police officers have to play by the rules. If they don't, you may be able to preserve your right to drive. In any event, talk to our office about your DUI charge.
    
   THE POLICE OFFICER MUST:
   
   1. Advise you of your rights
   2. Let you talk to a lawyer
   3. Tell you your license may be suspended
   4. Fill out the ticket and reports properly
   5. Fill out all the suspension papers properly
   6. Have a good reason to stop you
   7. Ask if you want to do field sobriety tests or breath tests (Not tell you)

   If a police officer makes a procedural mistake, you may get your license back and the charge dropped.

   A DUI is a complicated process because of the Secretary of State's involvement with your license and the criminal prosecution in court.
   Police make mistakes.

10. Brian Dees: Driving while under the influence of alcohol is a criminal offense.
11. Holley & Rosen: Drivers License Reinstatement - the area of law practiced before the Illinois Secretary of State assisting those who have had their license suspended or revoked in Illinois. When the Illinois Secretary of State revokes an individual's driver's license after two or more DUI's, the individual can request a formal hearing to request full reinstatement of driving privileges, or in the alternative, a restricted driving permit allowing the individual to drive to and from work (work permit), to alcohol/drug group support meetings such as AA, NA or CA (support permit), to regularly scheduled medical appointments (medical permit) or to and from school (education permit).
12. Scott & Scott: In today's society, a vehicle is a necessity. Our goal is to protect your right to own and operate a vehicle. Our first line of defense is to challenge the reason that you were stopped. There are bad stops! There are many things that you need to do before appearing in front of a judge. We know what these things are and we strongly urge you to move quickly and contact us if you have been arrested or cited for a traffic offense. If it is your first arrest, our goal is make sure that you can continue driving. For second offenses, the goal is often to keep you out of jail and able to continue providing for your family. We will get you the best shot at being able to continue driving and avoiding jail time. But you must move quickly.
13. Gates, Wise & Schlosser: Our firm prides itself on being an advocate for citizens accused of driving under the influence (DUI) of alcohol or drugs. A successful DUI defense requires an attorney who understands the administration of field sobriety tests, the medical and scientific theory of breath alcohol analysis, the limitations of breath testing machines, and the rules and regulations governing the admissibility of a breath test. Our firm understands the anxiety which accompanies a DUI charge and the potential hardship caused by a loss of driving privileges. We make every effort to retain our client's driving privileges.
14. Harvatin Law Offices: If you plead guilty to DUI, you give up your probable cause rights, your right to a jury trial, your right to cross-examine witnesses and to produce evidence in your own behalf, to question the procedures the police used, and to require the State to produce witnesses and prove its case beyond a reasonable doubt.
15. Rabin, Myers & Hankin, P.C.: Any citizen may appear in court without an attorney. But the potential penalties for DUI are so severe, you are well advised to seek counsel.
16. Vincent Law Office: In Illinois, refusal to take a breathalizer will result in a 6 month (instead of 3) suspension of your driver's license. (This assumes there was probable cause for the arrest). While this statutory minimum sounds harsh, remember that submitting to the test offers the state evidence against you. Consult an attorney before submitting to such a test.