When a driver is charged with a DUI, a qualified, skilled, and talented DUI lawyer is essential for defense representation. With the right legal expertise, those charged with a DUI may be able to have their driver's license suspension lifted, keep the DUI off their driving record, and avoid conviction and jail time altogether. We have a proven track record of success in the courtroom. As dedicated DUI attorneys, we provide personalized legal services tailored to the unique needs of each client, striving to achieve the best possible outcome for every case. We represent clients not only in DuPage County but also in Will, Kane, and Cook Counties.
Call us at 773-657-4427 today to discuss your DUI case during a free consultation.
When facing a DUI charge, having a driving while intoxicated lawyer is absolutely essential. As a defendant in a DUI case, you will be up against the prosecution, which could be the State's Attorney's office or a City or Village prosecutor. The prosecutor's role is to pursue the case against you, not to advocate for you, making it critical that you do not face an experienced and knowledgeable prosecutor alone in the DUI courtroom
A DUI charge is a serious criminal offense that carries the risk of jail time. A DUI can be classified as a misdemeanor, with penalties of up to 1 year in jail or a maximum fine of $1,000, or as a felony, which can result in 1 year or more in prison and substantial fines. If you have prior DUI convictions, you may be charged with a felony DUI, also known as an aggravated DUI. Felony charges can also arise from situations such as causing injury or death to another person or driving under the influence without insurance. Both felony and misdemeanor DUI charges can lead to jail or prison time, so it's crucial to have a DUI defense attorney advocating for you to avoid incarceration. Additionally, a DUI conviction can have significant employment consequences, making it even more important to have an experienced DuPage County DUI attorney on your side.
An experienced DUI lawyer will thoroughly review your case for all possible defenses, which could lead to a dismissal of the charges and a rescission of your driver's license suspension. A skilled DUI lawyer can also expedite the case, allowing you to move on and potentially regain your driving privileges sooner. Moreover, if you're willing to enter a plea, an experienced DUI attorney should be able to negotiate a favorable deal with the prosecution . Call now to speak to a DuPage County DUI Lawyer.
A statutory summary suspension is the suspension of your driver's license because:
1. Of a DUI arrest; and
2. You either failed (had blood alcohol content of .08% or more) or refused to take a chemical testing offered by the officer.
If the above applies, then your driving privileges will be suspended due to the Statutory Summary Suspension. If this is your first DUI offense and you failed the chemical test then your driving privileges will be suspended for 6 months. If this is your 2nd or subsequent DUI offense within 5 years and you have failed the chemical test then your driving privileges will be suspended for one year. If you are a first time DUI offender and you refused to submit to the chemical test then your driving privileges will be suspended for 12 months. If the DUI is a 2nd or subsequent offense within 5 years and you refuse to take the chemical test then the statutory summary suspension will be in effect for 3 years.
So exactly when does the Statutory Summary Suspension take into effect? It takes into effect within 45 days from the notice you receive that your license will be suspended due to the Statutory Summary Suspension.
MDDP is a monitoring device driving permit that allows you to drive during the pendency of your DUI case. You will need to install a BAIID (Breath Alchohol Ignition Interlock Device) as part of the MDDP program. How it works is that before you start driving, you will need to blow into the BAID device to make sure you are not operating the vehicle with a blood alcohol content of .025 or more. The vehicle will start as long as the breath sample is negative of alcohol. The Secretary of State will monitor the BAID and there is a camera installed on the device itself that takes a camera image of the driver while blowing into the BAIID.
Now that you know what a MDDP is, how can you apply for it? After the DUI charge, you will get a letter from the Secretary of State informing whether you are eligible for a MDDP. Only first time DUI offenders are eligible for a MDDP. However, you are not eligible (even as a first time offender) if:
1. You are under 18 years old.
2. Your driver's license is invalid.
3. If death or bodily harm has resulted from the DUI incident.
The process for applying for a MDDP is fairly simple. You will need to send an application form back to the Secretary of State and pay the appropriate vendor fees.
Yes, you can be arrested for a DUI for non-alcohol related substances such as THC. If you refuse to take a chemical test for THC content or the chemical test indicated that you had 5 nanograms or more per milliliter of whole blood then the Statutory Summary Suspension will be in effect.
An RDP is a restricted driving permit that allows you to drive during the pendency of your DUI if you have two or more DUI convictions or two or more statutory summary suspensions. A BAIID device is also required as part of your RDP. It is tougher to obtain a RDP than it is to apply for a MDDP. For one, you need to show that a hardship will exist if you cannot drive during the pendency of your case. Second, you need to provide a professional alcohol/drug evaluation and may need to provide remedial education or treatment. Additionally, an appearance in front of a Hearing Officer with the Secretary of State is required. A skilled and experienced driving under the influence lawyer can assist you with obtaining your RDP.
Just because a Statutory Summary Suspension has taken effect doesn't mean you can't fight it. Under the right legal circumstances, the suspension can be rescinded. To contest a Statutory Summary Suspension, a Petition to Rescind must be filed within 90 days from the date you received the notice of suspension. Whether to proceed with the Petition is a discussion you should have with your DUI attorney. Once the Petition is filed, a hearing must take place within 30 days. If no hearing occurs within this time frame, a Trainor violation has occurred, which will automatically rescind the suspension and reinstate your driving privileges. Typically, the prosecution will try to schedule a court date within 30 days to avoid this violation.
To prevail in a Petition to Rescind hearing, you must prove one or more of the following:
A statutory summary suspension for a CDL holder means the following:
1. CDL privileges will be disqualified for a year for the first offense; and
2. Lifetime disqualification for the second offense.
As a CDL holder, you may be eligible for a MDDP if you are a first offender, and you were driving a noncommercial vehicle.
Anyone charged with Driving Under the Influence in Illinois must go through an alcohol and drug evaluation before sentencing by the Court. The purpose of the evaluation is to determine prior use of drugs or alcohol and risks associated to the public. In DuPage County, a DUI evaluation will also determine if you are deemed a "minimal", "moderate", "significant" or "high" risk. As part of the sentence, you will take counseling courses and/or treatment based on the assessment given by the evaluation. For example, a "minimal" risk designation will mean taking a minimum of 10 hours of courses in 4 sessions. The prosecutor will get a copy of the evaluation and can make an offer based on the results of the DUI evaluation.
Just because you are charged with a DUI offense does not mean you are guilty You may have defenses to your DUI. Defenses include passing the field sobriety test, not being under the influence of alcohol or drugs and not actually operating a motor vehicle. Call us, as an experienced DuPage County DUI lawyer, we will help ascertain any and all defenses that you may have with your Driving Under the Influence case. You can also leave us a message.
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