Oak Brook criminal lawyers

Call Us630-953-4400

Available 24/7

The Importance of Hiring a Skilled Attorney in Your DUI Case With more than 20,000 DUI arrests made throughout the state of Illinois each year, it is easy to say that law enforcement personnel are constantly looking for inebriated drivers. With the shocking number of DUI arrests made each year, it is important to understand that a DUI charge is not simply a minor traffic violation. A DUI conviction can compromise one’s ability to legally operate a vehicle, can lead to significant fines, and in some cases even lead to jail time. Below, we will examine some of the ways in which a knowledgeable attorney can assist you throughout your DUI case. If you or a loved one have been charged with a DUI, you need to hire an attorney that you can believe in. 

A Charge Does Not Have to Result in a Conviction 

When charged with driving under the influence, many people falsely believe that a conviction is inevitable. In reality, there are a number of defense strategies a quality attorney can utilize to avoid a conviction or diminish the charges that their client is facing. First and foremost, if you declined to take part in chemical testing, your attorney should have a good chance of developing a defense that will avoid a conviction altogether. If you did submit to chemical testing, there are cases in which police oversight or negligence can lead to charges being dropped. In other cases, false signs of inebriation such as allergies or medical conditions can lead to an incorrect diagnosis of intoxication. Speaking openly and honestly with your attorney can be immensely helpful throughout the legal process. 

Regaining Your Driving Privileges 

Even if a conviction is unavoidable, an attorney can continue to assist you through helping you regain your driving privileges. If convicted of a DUI, you will be facing a one-year license revocation period. Fortunately, you will likely be eligible to obtain a Monitoring Device Driving Permit (MDDP). A compassionate attorney will walk you through the necessary steps you have to take to obtain an MDDP, such as equipping your vehicle with a Breath Alcohol Ignition Interlock Device (BAIID) and taking part in rehabilitation courses. A truly dedicated attorney will stand by you through every step of your legal process. 

...

Posted on in DUI Defense

Can I Still Drive After a DUI? After being arrested for driving under the influence, it is entirely common to ask a number of questions. Will I face jail time? Will a conviction impact my employment status? Will I still be able to drive after the arrest? Regaining your driving privileges after being charged with driving under the influence can be a complicated process, but it is entirely possible to continue to legally drive after the arrest and even after a conviction. There are steps you will need to take to get back on the road after a DUI arrest.

Losing Your Driving Privileges

According to the Illinois Secretary of State’s Office, 90 percent of eligible drivers lost their driving privileges after being arrested on DUI charges. While many people think that they can only lose their driving privileges if they are convicted of a DUI, the arrested party will face a statutory summary suspension automatically after the arrest if they fail or refuse chemical testing. While a driver that refuses chemical testing will diminish the likelihood of a DUI conviction, they will face a one-year statutory summary suspension. If a driver is ultimately convicted of a DUI, their license will likely be revoked for one year. Fortunately, the duration of the suspension will count towards the revocation period. 

Regaining Your Ability to Drive 

In Illinois, a first-time DUI offender can request a Monitoring Device Driving Permit (MDDP), which will give them limited driving privileges. In order to gain an MDDP, a driver must equip their vehicle with a Breath Alcohol Ignition Interlock Device (BAIID). The BAIID will be monitored and will restrict the vehicle from starting if traces of alcohol are present in the driver’s breath. While the driver will have to pay for installation and monitoring of the BAIID and also face rises in their insurance payments, they will be able to continue to drive. Driving is a critical part of a person’s quality of life. If you have any questions on how to regain your driving privileges when facing DUI charges, speak with your attorney. 

...

DuPage County DUI Defense LawyerIn the state of Illinois, over 20,000 drivers are charged with driving under the influence (DUI) on an annual basis. Despite the staggering numbers of DUI arrests, it is important to recognize the severity of a conviction. Not only will a DUI conviction lead to a misdemeanor charge on your criminal record, but it can also lead to loss of income, various other expenses, and even potential jail time. Below we will examine the true cost of a DUI conviction, and why you need to hire a skilled DUI defense attorney in the event of an arrest. 

Potential Loss of Income

First and foremost a DUI conviction can cost you your employment. For many employers, a misdemeanor charge and a public arrest are enough to warrant termination. If aggravating factors were present, and the conviction ultimately constitutes felony charges, the likelihood of termination is even higher. Even if you are able to keep your employment, community service hours and possible jail time will result in income loss.

The Cost of Regaining Your Driving Privileges 

After being convicted of a DUI, the convicted party will face a one-year license revocation period. In the vast majority of cases, a driver will be able to obtain a Monitoring Device Driving Permit (MDDP) but only after installing a Breath Alcohol Ignition Interlock Device (BAIID). According to the Illinois Secretary of State’s office, installation and monitoring expenses of a BAIID usually costs an offender upwards of $1,400 annually. At the conclusion of the revocation period, you will be able to reinstate your license, but this process will cost approximately $500 as well. 

...

Oakbrook Terrace DUI defense lawyerEvery year, thousands of Illinois residents are arrested for driving under the influence of drugs or alcohol (DUI). According to the Illinois Secretary of State’s office, over 26,000 people were charged with DUIs statewide in 2018 alone. According to Illinois state law, a DUI conviction constitutes class A misdemeanor charges, significant fines, and potential jail time. It should also be noted that a DUI conviction will likely result in a one-year license revocation period. Statistics compiled by the Secretary of State’s office reveal that 96% of eligible arrested drivers lost their driving privileges in 2018. While the consequences of a first-time DUI conviction are severe, the impact of multiple DUI convictions can be life-changing. 

Examining Subsequent DUI Convictions 

If you have been previously convicted of a DUI, a subsequent conviction can result in increasingly severe criminal punishment. While a second DUI conviction still only constitutes a misdemeanor charge, the convicted party will lose their driving privileges for a minimum of five years and face mandatory jail-time or 240 hours of community service. In many cases, time spent in jail or community service time will impact a person’s employment status, and subsequently, their income. If a person is charged for a third DUI, the legal ramifications are significantly intensified.

According to Illinois state law, a third DUI charge will automatically be elevated to an aggravated DUI which is considered a felony charge. In some cases the escalation to a felony can be due to other case factors, such as traveling with a minor or causing bodily harm to another party. A third DUI charge is elevated to an aggravated DUI due to the fact that the driver has displayed a disregard for state law and a willingness to continue to drive while impaired.

...

Should I Refuse Chemical Testing During a DUI Stop? In the state of Illinois, over 26,000 DUI arrests were made throughout 2018 alone. A conviction for driving under the influence of alcohol or drugs can come with serious legal ramifications, including a Class A misdemeanor charge on your criminal record, significant fines, and temporary loss of driving privileges. Once a driver submits to and fails chemical testing (a driver with a blood alcohol content over 0.08 percent will be deemed intoxicated), it can be incredibly difficult to fight against the charges. So is it wise to refuse chemical testing altogether? Below we will discuss the consequences of refusing chemical testing during the DUI arrest process

The Benefits of Refusing to Test 

The first thing to understand about refusing chemical testing is that it is not a criminal offense. While all licensed drivers in the state of Illinois agree to submit to chemical testing when they are awarded their license, you will not face a criminal charge for refusal. Refusal to submit to chemical testing, which is most commonly administered through a breath test, is an administrative offense that will result in a one-year driver’s license suspension for a first-time offender. While you will temporarily lose your driving privileges and likely be arrested for driving under the influence, you will significantly decrease the likelihood of a conviction. 

After refusing chemical testing, the officer will likely ask you to take part in field sobriety tests. It is important to note that you also have the right to refuse field sobriety testing. Without the evidence of a field sobriety or chemical test, a conviction will only be possible with strong testimony from the officer, surveillance footage, or witness testimony. A failed chemical test, on the other hand, will almost always result in a conviction barring police oversight or negligence. If you choose to refuse to submit to chemical testing, it is important for you to act in a responsible and polite manner. Your actions during the arrest process will become the most significant form of evidence for the prosecution. 

...
DuPage County Bar Association Top 100 Illinois State Bar Association AVVO Rating Illinois Prosecutors Bar Association AVVO Reviews
Back to Top