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Illinois Secretary of State
"Driving Under the Influence" is defined as operating a motor vehicle
while impaired by alcohol, other drugs or intoxicating compounds. In
Illinois, a driver is legally considered to be under the influence if
he/she has a blood-alcohol content (BAC) of .08 percent or greater, has
used any illegal substance, or is impaired by medication. A driver's
BAC is based on the ratio of alcohol to blood or breath. However, an
individual showing alcohol levels between .05 and .08 percent may be
convicted of DUI if additional evidence determines that the driver was
impaired.
Attorney Offices by Municipality
Illinois N-Z
- Addison
- Altamont
- Taylor Law Office:
During the past few decades, a crusade throughout Illinois and the
nation has developed to take the necessary steps to enact laws to deal
with the problem of drunk driving. While almost every state has
toughened its laws on drinking and driving, Illinois has taken a
leading role in enacting these tougher laws. For many years, Taylor Law
Offices, has defended clients facing Driving Under the Influence or
Driving While Intoxicated charges. 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, ranging from
losing driving privileges, to stiff fines, to a potential prison
sentence. 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 able to be obtained only at a sharply increased price.
- Alton
- Antioch
- Robert Edens:
If you have been charged with driving under the influence, it is
imperative to act quickly to protect your rights! Severe penalties
apply even on your first offense, and you can lose your driving
privileges if you act too late.
- Arlington Heights
- Aurora
- Barrington
- Batvia
- Belleville
- Benton
- Ellen Curry:
When you lose your case in the trial court, you can appeal to the court
of review, usually the appellate court. If you plan to appeal your
case, the first and most critical step is to file the notice of appeal.
Your attorney must file your notice of appeal within thirty days after
the trial court enters a final judgment. If the notice of appeal is not
filed within 30 days, the court of review cannot consider your case.
- Berwyn
- Lanzillotti, Gribben & Marchuk:
Civil Rights
Criminal
Estates
Personal Injury
Real Estate
Traffic
Workers Compensation
- Bloomington
- Bridgeview
- Dwyer, Dennis:
The Arrest
The DUI (Driving Under the Influence) process begins the moment the police officer suspects impaired driving, usually after observing a traffic violation or responding to a traffic accident. The police officer observes the driverÕs behavior, demeanor and physical appearance, leading to a suspicion of intoxication. If the officer suspects the driver of being intoxicated, he/she will ask the driver to perform a series of standard field sobriety tests. The driver has the right to refuse to take these tests. The driver may also be asked to take a portable breath test. This test is not admissible at trial and the driver again has the right to refuse to take this test.
Once the driver is placed under arrest for driving under the influence of alcohol or drugs and taken to the police station, the driver is asked to take a breathalyzer test, which measures the driverÕs blood alcohol concentration. The results of this test are admissible at trial provided the police officer follows proper procedures. The driver also has the right to refuse to take this test. If your BAC (blood alcohol concentration) is .08 or greater, you can be charged with a DUI offense. However, just because the state has a breath or blood test against you, it does not mean that you cannot win your case.
Generally, the driver is then released on bond and given a court date as well as notice that their driverÕs license will be suspended in 46 days. If the driver is a first time DUI offender, the period of suspension will be for 6 months if the results of the breathalyzer show a BAC of .08 or greater, or one year if the driver refused to take a breathalyzer test. If the driver is not a first time offender, the period of suspension with be one year if the results of the breathalyzer show a blood alcohol concentration of .08 or greater or three years if the driver refused to take a breathalyzer test.
Petition For Your License
Within 90 days of an arrest, the driver can petition the court for a hearing to rescind the suspension and must additionally be provided a hearing within 30 days of filing or on the initial court date. This is a civil matter wherein the burden of proof is on the driver to prove one of four limited elements of improper police procedures.
If the driver is a first time offender, he or she can apply for a MDDP (Monitoring Device Driving Permit) to drive. If granted, a device that measures the blood alcohol concentration of the driver will be installed in the driverÕs vehicle. These devices are expensive to install and maintain, and the cost is borne by the driver.
The Trial
The DUI charge itself is a criminal charge. At court, the driver will appear in front of a judge and will be advised of the charge against him. Evidence will be exchanged between the driverÕs attorney and the prosecutor and pretrial motions will be filed. With the advice of an attorney, the driver will enter a plea of guilty or not guilty. This process generally takes 1-3 court appearances.
If guilty, the driverÕs attorney will negotiate a sentence with the prosecutor ranging from a period of supervision up to one year in jail. Most sentences will include, among other things, alcohol education classes and treatment and fines and fees. If not guilty, there will be a trial in front of a judge or jury (driverÕs choice) where the State has the burden to prove the driver guilty of driving under the influence beyond a reasonable doubt.
At trial, the State will call their witnesses, which generally consist of the arresting police officer. The State will then rest their case. The driver will then have the opportunity to present any evidence he wishes, including witness testimony or his own testimony. However, the driver is under no obligation to testify in a criminal case. The Prosecutor and the driverÕs attorney will then make arguments to the judge or jury. Post trial, the judge or jury will make a finding of guilty or not guilty.
Sentencing
If the finding is not guilty, the driver will be discharged without consequence. If the finding is guilty, a sentence hearing will be held. The state will present aggravating factors such as the driverÕs previous criminal and traffic background to the judge. The driverÕs attorney must then present the driver in a positive manner, citing specific mitigating and hardship factors to convince the judge to be lenient.
- Buffalo Grove
- Bell, Ronald:
What the Breathalyzer Cannot Do
The breathalyzer is not designed to exclude all substances except alcohol. Which means that any substance detected by the machine is deemed to be alcohol even though it is not alcohol.
- Cambridge
- Telleen, Horberg, Smith & Carmen: If the government is trying to convict you of a crime, you need an experienced attorney to protect your rights.
- Carbondale
- Carlyle
- Lambert, Brian:
It's been about 2 weeks since the start of the new year, but Illinois residents should be aware of new changes in the DUI laws. These changes increase the time that your license can be suspended and abolish judicial driving permits. However, they do provide for a breathalyzer-type device that will allow vehicle use after 31 days of suspension for first time offenders.
- Cary
- Champaign
- Gorski & Puglisi:
bankruptcy (including Chapter 7 and Chapter 13 bankruptcy), family law, DUI/DWI and driving under suspension (DUS)
- Thomas A. Bruno and Associates:
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.
- Charleston
- Richey, Jeremy:
What should I look for when seeking a criminal-law lawyer?
You should look for an attorney with the following characteristics:
* You want an attorney who is experienced in criminal law.
* You want an attorney who works hard on his cases and is prepared when he goes to court.
* You want an attorney who is not afraid to go to trial to defend your liberty and rights.
I am an attorney who has these characteristics.
What typically happens at a defendant's first court appearance?
If the person can't afford an attorney, he will receive the public defender and a further court date. If the public defender is present in court when the court appoints him or her, then the person will also enter a not-guilty plea.
If the person has an attorney, he will enter a not-guilty plea and receive a further court date.
If I am ever arrested or investigated, should I talk to the police?
No! What you say will be used against you. Tell the police that you want a lawyer and that you want the lawyer present before answering any questions.
I was recently charged with a crime. Will I be going to jail?
An attorney will not be able to advise you as to your likely sentence until after he conducts a careful analysis of your case.
- Chicago
Chicago
Chicago
Chicago
Chicago
Chicago
- Collinsville
- Giacoletto Law Office :
If you have been arrested for a DUI, you want to do everything you can
to keep your driving record clean. Do not try and fight your DUI charges
on your own. An experienced criminal defense lawyer can protect your
rights and help you minimize the potential damage to you and your
family.
The penalties of a DUI/DWI conviction depend on your prior record and
your BAC. While your BAC is an important factor, you can face serious
penalties regardless. Your prior record is the most important factor:
* First time offenders: keep your DUI off your driving record
and keep your license... you could still face fines and alcohol
counseling.
The penalties following a drunk driving conviction are even more serious
if the incident led to a car accident, caused an injury, or if there was
a child in the car at the time.
An illegal search or
faulty breathalyzer calibration could turn your case around.
octor.
Breathalyzer Tests: If you refuse to take a test, you lose your case
automatically and you will lose your driving privileges for six months.
If you fail the test, you will lose your license for a year, but you
will have the chance to fight in court.
- Jackstadt, Thomas:
If you have been charged with a DUI or traffic violation, you need a
criminal defense lawyer. A
drunk driving charge must be handled quickly and diligently; in
addition to defending you from the charge of driving while
intoxicated or driving under the influence, you will have a driver's
license suspension issue to deal with.
Illinois leads the nation in cracking down on drunk drivers. A DUI
conviction will automatically cause you driver's license to be revoked,
and depending on your criminal and driving history, a DUI can result in
loss of license (and job), severe fines and possible time in prison.
Even worse, a DUI is one of the most difficult criminal cases to defend,
because it is typically based on an officer's direct observation,
bolstered in many cases by so-called "objective" chemical testing.
Do not be pressured into pleading guilty! A DUI conviction can affect
your driving privileges, your insurance rates, and your freedom. You need to move quickly in DUI cases to protect your driver's
license in both the short term and the long term.
- Starnes, William:
If you have been charged with a crime, you want an experienced lawyer to protect your constitutional rights. The criminal justice system and criminal procedure can be confusing and intimidating. You want an experienced attorney with a firm understanding of criminal law and procedure, one who will help you understand your options and who will provide you with a realistic assessment of your case.
When you have been arrested and charged with driving under the influence(DUI), you want an experienced lawyer to help you. In addition to the criminal prosecution, you will have to participate in administrative hearings regarding the suspension of your license. The different processes can be confusing, making it difficult to know if your rights are being fully protected. An experienced lawyer will help you understand your options, and will provide you with a realistic assessment of the outcome of your case.
- Crystal Lake
- Danville
- Decatur
- Des Plaines
- DuPage
- Armamentos, Klis & Steed:
Can I drive after my arrest?
Typically, you can drive for 45 days following your arrest. A license suspension follows in many cases. The length of a suspension, and whether or when an affected motorist may be eligible for a permit, varies, according to each case and the person's driving record. You have 90 days from your arrest to file a petition to challenge your suspension.
Do I need a lawyer?
A conviction for a DUI results in an automatic revocation of your driver's license and, in some cases, the prosecutor will be seeking a conviction
- Brent Christiansen:
There is no such thing as a Ņhopeless case.Ó What you need is a skilled drunk driving attorney who will guide you through the process of challenging your DUI; someone whose knowledge and experience is surpassed only by a true devotion to defend your liberty.
- East Alton
- Delaney Law Office:
I strongly recommend that everyone charged with this offense obtain
competent legal counsel. There are actually only a few attorney's in
our area who have even tried a DUI before a jury, and since I'm among
that group, I have to tell you that it is a different sort of trial
than a Felony, as the Jury, generally, is more harsh to the Drunk
Driver, than they are to the common thief.
- East Moline
- Richard
Zimmer: DUI - If you are facing drunk driving charges, you need an
experienced criminal defense lawyer making sure your constitutional
rights are protected.
- Edwardsville
- Effingham
- Sutterfield
Law Office: No area of the law has been subjected to more public
scrutiny than Driving Under the Influence ("DUI") laws. Special
interest groups have publicly lobbied about the dangers of drunk
driving and politicians have responded by implementing harsh penalties
for DUI offenders. The DUI offender also faces high insurance costs (if
insurance is available). Therefore, a strong, aggressive defense is a
necessity.
- Elgin
- Elmhurst
- Michael Fleming:
The Sixth Amendment to the United States Constitution provides that a
person has the right to the assistance of counsel when he or she is
accused of a criminal offense. This right applies to the states under
the Due Process Clause of the Fourteenth Amendment to the Constitution.
Most states have also enacted provisions in their constitutions that
provide a person with the right to the assistance of counsel.
- Evanston
- Fairview Heights
- Fox Lake
- Soffietti, Johnson, Teegen, Phillips & Morozin:
Most people come to a lawyer for the same reason they go to a doctor:
something hurts, or something isn't working right. By their very
nature, most legal problems involve financial and emotional issues that
can dramatically affect people's lives. Being involved in the legal
system can be a stressful, frustrating, and intimidating experience for
most non-lawyers. Whatever your legal difficulty, you should have an
experienced and skillful attorney to represent you.
- Geneva
- Glen Ellen
- Kallas, George:
* What are the charges?
* What are the consequences for pleading guilty or not guilty?
* What are the sentencing alternatives?
* Will you lose your license?
- Brucar & Yetter:
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.
- Glenville
- David
Spada: If you are arrested and found to have a blood alcohol level of
.08 percent or more in your body while operating a motor vehicle, your
driving privileges will be suspended for at least three months. Repeat
offenses carry more serious consequences.
- Grayslake
- Harrisburg
- Michael Oshel:
You should consult an attorney for individual advice regarding your own situation.
- Homewood
-
- Hinich, Daniel:
Misdemeanors are more serious than petty offenses, but much less serious than felonies. Misdemeanors typically result in imposition of such punishments as a fine or a jail sentence not exceeding a year. If a jail sentence is imposed, it is served at a local, city or county jail rather than a state or federal prison (penitentiary). In many jurisdictions and in certain types of cases defendants who can't afford an attorney are not entitled to a court-appointed attorney in a misdemeanor case. Unlike felonies, misdemeanors are usually handled by special courts with abbreviated procedures, such as a city court or municipal court.
- Itaska
- Mencini, Ana:
* Theft: retail theft, shoplifting, car theft, robbery, or burglary
* Assault: assault and battery, weapons offenses, or aggravated assault
* Drug charges: drug possession, drug sale, or possession with intent
* DUI/DWI: first or second offense drunk driving or felony DUI
* Domestic violence: domestic assault or spousal abuse
* Juvenile offenses: shoplifting, assault, or other juvenile delinquency
* Traffic tickets: speeding or driving without insurance
- Johnsburg
- JSB Law:
Illinois takes drunk driving seriously. Penalties for convictions include driver's license suspension, jail time and heavy fines. If you have a commercial driver's license (CDL), you could permanently lose your license. Because your freedom and financial stability are at stake, you need an experienced lawyer in your corner.
- Joliet
- Kankakee
- Lake in the Hills
- Libertyville
- Lincoln
- Grimaldi Law Office:
DUI
Have you been arrested for DUI? A DUI is a serious offense with potentially severe consequences, which may include jail time, high fines, lengthy periods of Probation, and even suspension or revocation of your driver's license. The laws regarding DUI are very complex and continually changing every day. You need an attorney with knowledge and experience in handling DUI cases whether or not this is your first offense.
The time to act is now. In most cases, the Statutory Summary Suspension of your driver's license will begin 46 days after your arrest. If you want protect your driving privileges you cannot wait as there are deadlines within which you must challenge your suspension.
- Muck & Muck:
An aggressive defense against criminal charges can make all the difference.
- Lincolnwood
- Bhatt, Purav:
Have you or a loved one been accused of or arrested on a traffic
violation or driving under the influence (DUI) in Illinois? You need a
top criminal defense attorney to represent and advocate for your
interests.
„ Vehicle Title & Registration
„ Suspended or Revoked Drivers License
„ Driving Under the Influence (DUI)
„ Failure to Provide Insurance
„ Speeding Tickets
„ Equipment Issues (Headlights, Taillights, Brakes)
„ Impoundments
- Litchfield
- Hantla & Hantla: Criminal Law
- Lombard
- Marengo
- Franks, Gerkin & McKenna:
If you have been charged with driving under the influence (DUI) of alcohol or drugs in Illinois, just sorting out the penalties you may be facing for conviction can be a daunting experience. DUI laws have been evolving for years, and nearly every change has strengthened penalties or introduced new factors to aid in prosecution.
One thing is certain: The risk of facing a DUI charge Ń even a first offense with no aggravating factors Ń without an experienced defense lawyer is a major risk today.
- Marion
- Matteson
- Midlothian
- McHenry
- Scott Bentley:
DUI is a serious crime. Illinois has some of the toughest DUI laws.
Upon an arrest for DUI the State will seek a suspension of your driving
privileges. There are ways to avoid suspension upon an arrest for DUI.
- Mokena
- Jeffrey
Segall: The police are skilled in getting defendants to talk. Do not
seek justice by yourself. Do not face the possibility of a suspended
license and jail time alone. Protect your rights with a defense lawyer
that knows criminal and traffic law. Let an attorney with knowledge of
the local court system work for you.
- Moline
- Kutsunis, Chris:
D.U.I.
MISDEMEANOR
FELONY
PETITION TO REVOKE
POLICE INVESTIGATION COUNSEL
TRAFFIC/SPEEDING TICKETS
- Steve Hanna:
DUI Š Hundreds of DUI cases have resulted in dismissals, favorable verdicts, suppression of test results, and minimum sentences.
- Morton
- Mt. Prospect
- Mundelein
- Isacovici, Bernardo:
When you are up against the serious charges of a DUI, you need a
Lake County DUI defense attorney who will represent you just as
seriously.
There are some very harsh DUI penalties in the state of Illinois. A
first DUI offense can result in $2500 in fines, 1 year or more suspended
license, suspended vehicle registration and up to a year of
imprisonment. Added DUI charges for a BAC of 0.16%, transporting a
child under the age of 16 or a car accident involving injury can greatly
increase these penalties for a first offense. Penalties become
increasingly harsher for multiple DUI convictions. A third or higher
DUI offense results in felony DUI charges. Felony DUI can have prison
sentences for 15 years or more, $25,000 in fines and revoked license for
life. How a Lake County DUI Lawyer Can Help
Even a misdemeanor DUI conviction can negatively impact your life and
cause great financial burden. A Lake County DUI defense attorney may be
able to get the charges against you dropped by scrutinizing every piece
of evidence against you including police reports and results of any
blood tests, breathalyzer or field sobriety test used. Attorney
Bernardo may be able to prove that there were deviations from standard
DUI arrest procedure, that equipment was not properly used or calibrated
or that there were pre-existing physical circumstances making a field
test unreliable. He provides representation for DUI trials and formal
Secretary of State Hearings. An attorney may also be able to help you
get your driver's license suspension revised in the case that you are
eligible for a Monitoring Device Driving Permit (MDDP) requiring the
installation of a breath alcohol ignition interlock device (BAIID).
There is hope of beating your DUI charges.
- Murphysboro
- Illinois N-Z
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