What happens when you get a DUI?

Being Charged with a DUI

Being charged with a DUI offense can certainly be very scary, stressful, and nerve-wracking. But just because you are actually charged with a DUI (Driving Under the Influence) offense does not mean you are guilty. Nor does it mean that you now have to have a criminal conviction on your record. A DUI conviction can lead to severe consequences such as having a criminal background which can affect future job opportunities. With an experienced DUI lawyer, such as one from our firm, you could get your DUI case dismissed or avoid a conviction. Give us a call at (773) 657-4427 to discuss your DUI case during a free consultation with an experienced DUI lawyer. You can also fill out our form by clicking here and we will get back to you very quickly. Don’t let a DUI charge ruin your life. Let’s present an aggressive defense. 

Statutory Summary Suspension

Being arrested and charged with a DUI alone is a headache. But adding a driver’s license suspension makes things even worse. The Statutory Summary Suspension is an administrative action taken by the Illinois Secretary of State as it pertains to your driver’s license when you either fail the chemical testing at the police station (such as the breathalyzer) or refuse to take the test. 

When you get arrested for a DUI, you will be asked to take a chemical test at the police station. One of the chemical tests that will be administered is the breath test, which measures the blood alcohol content (BAC) in a driver’s breath. Keep in mind, chemical tests can be used to detect other drugs as well. DUI charges can be made for driving while intoxicated or under the influence of illegal drugs, over-the-counter drugs or prescription drugs.

Let’s emphasize DUIs related to alcohol. In Illinois, 0.08 is the legal limit, and a BAC above that will result in a DUI charge. If you take the breathalyzer and it results in a BAC above 0.08, you will face a driver’s license suspension of 6 months if this is your first DUI offense. If you refuse to take any chemical testing at the station, you are looking at a 12-month driver’s license suspension if this is your first DUI offense. If you have had prior DUI offenses, the suspension period is longer. The statutory summary suspension can be challenged successfully in court, however. Read more on the Statutory Summary Suspension by clicking here. 

Court Proceedings

After being charged with a DUI offense, there will be numerous court appearances that the defendant will have to attend. All court appearances are mandatory unless waived by the judge. The first court date will typically be the arraignment date, where the defendant will have the opportunity to answer to the charges filed. Most of the time, the defendant will plead not guilty and have the case continued out for another month or two for a status date. Between the arraignment date and the status date, the defendant’s attorney will likely obtain some or all of the discovery evidence to review. More on discovery evidence below. During the court proceedings, the defendant will take a DUI evaluation and also begin or complete counseling as part of a favorable negotiated plea with the prosecutor. 

Defending the DUI Charge

After being charged with a DUI offense, the real work begins. An experienced DUI lawyer will review all of the facts surrounding the DUI arrest. Among the important issues to consider are: 

• Whether there was probable cause for the arrest
• Whether the defendant was actually under the influence of alcohol or drugs while driving
• Whether the police officer complied with Illinois law regarding warnings and disclosures to be provided to the driver

Additionally, discovery will be reviewed. Discovery will include all videos connected to the arrest, generally in the possession of the prosecutor. Additional discovery evidence includes the police report and documents relating to any chemical testing administered and the subsequent results. A thorough review of all discovery and facts surrounding the DUI arrest can lead to the rescission of the statutory summary suspension, dismissals and not guilty verdicts. It’s important to emphasize that just because you are charged with a DUI does not mean you have to plead guilty, take a conviction, and have your driver’s license suspended. 

Contact Us Now

If you have been charged with a DUI, it is important to speak to an attorney as soon as possible. We will evaluate your DUI case during a free consultation and provide a strong DUI defense. Call us at (773) 657-4427 or leave us a message by clicking here.