Just getting a DUI is bad, but the problem is many are multiple offenders: those who’ve been involved in drinking and driving cases many times. Much like other states,  in Illinois even first time offenders face severe penalties. Just what are these penalties? Is a defense in Illinois criminal court possible? Let’s find out.

Penalties for an Illinois DUI
It was mentioned that even a first offense can lead to some major charges. This includes up to one year jail time, fines of over $2,000, license suspension for at least one year, probation, and more. If you get a second offense, the general penalties are the same, but you may lose your driving privileges for 5 or more years if you’re pulled over. In this instance, if you get a DUI a second time after a first less than 20 years ago (a long time), you can lose driving privileges for a large period.

The more charges you get, the worse the penalties are. You can even expect to get felony charges if you continue to drink and drive.

How do you defend a DUI?
In order to build an effective Illinois DUI defense, you need the right lawyer. In order to get the right lawyer, you need to focus on experience, knowledge, availability, and price. You really cannot put a price on winning in court against a DUI charge; it’s likely worth far more than any lawyer charges. Yet most Illinois DUI charges stick, though often charges are lessened with the right defense. The problem is one of proof, where if you fail both a breath and blood test, and the officer says you were clearly under the influence of drugs or alcohol, the cards are against you.

A defense is based on precisely these three things: the validity of the breath test as done by the officer, how close to the BAC (blood alcohol content) limit you are, and how the officer’s testimony is considered. Breathalyzers are quite effective, but subject to human error. If a blood test says you are clearly far over the limit, especially far over it, you really can’t question the test, as these are the most accurate. However, even if you get a high breathalyzer and blood test, if the officer made mistakes in the arrest, you have a case for defense.

Who can help?
You need an Illinois DUI lawyer to defend you in court. This is no time for a court appointed lawyer nor time to defend yourself. Even if you are guilty and you know it, you have a strong case for defense. You cannot put a price on staying out of jail, avoiding thousands in fines,and being able to drive. A lawyer will charge his or her fee, but if they’re good, the price is a good investment.

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Driving while intoxicated (DWI) can lead to severe penalties. A DWI is similar in scope to a DUI, with some states differentiating themselves by using different terms. For our purposes, let’s consider them very close legally: you are drinking alcohol or abusing drugs and driving.

One question we hear quite often is when you need to hire a DWI lawyer.

They’re a variety of scenarios. You have no job, and therefore no income. You are guilty of the charges. A court appointed lawyer costs nothing. You are not guilty, but want to defend yourself. If any of these sound wrong, well, it’s because they’re all entirely the wrong reasons. There is no clear reason not to hire a DWI lawyer unless you are a DWI lawyer yourself. Why?

If you have no job, you likely cannot afford to pay the excessive fines, which can  be in the thousands. If you start working again, you won’t be able to drive. If you have no income coming in, sometimes you seem to have no options. We all have access to money, even after filing bankruptcy or losing a job. It’s time to put value on how much you want to stay out of jail, want to keep your drivers license, and want to avoid thousands in fines.

If you are guilty of the charges, it’s easy to say you need no professional DWI lawyer. This is wrong in many respects. Say, for example, you were in fact drinking, but the breathalyzer used tested you as over the limit when actually you were very close to under the limit. Or say that the officer pulled you over for no legal reason – only because he suspected by the look of your car you were a criminal, or because you are a minority, or a woman, or a variety of other reasons. In still other cases, the officer acted incorrectly by never giving you a Miranda, if not abusing your legal rights. These examples can lead to dropped charges, even if you are guilty of drinking and driving, and potentially could lead to some damages. But you need a DWI lawyer.

You may think a court appointed lawyer can handle your case. Using the above example on actually believing your guilty, you decide because of this that you should forgo hiring a lawyer. A court appointed lawyer is almost as bad as defending yourself; they rarely have the time or inclination to properly defend you. A professional DWI lawyer can find holes in the prosecution’s case given time; rarely can a court appointed lawyer with dozens of other cases spend a significant amount of time helping you.

Finally, you can defend yourself. You know your innocence, or know the officer acted wrong, and maybe you know some of the process in handling a court case. Rarely does this work out. Unless you’re a DWI lawyer, you need professional legal representation. You’ll need expert witnesses, to question what happened, to know the local laws, and to know how exactly to handle the court process with the judge and prosecution. There is a reason passing the Bar is very tough; it takes years experience.

If you’re still unsure whether a DWI lawyer can help you, consider that it might actually save you time, money, and a lot of headaches. It’s worth paying the extra money in order to get a professional defense.

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Nashville drivers, who operate a motor vehicle and are impaired by alcohol, drugs or any other intoxicant, can be charged with DUI or driving under the influence. Nashville drivers can also be arrested for DUI if their blood alcohol content (BAC) is at or above 0.08%. Drivers who are arrested and convicted of DUI in Nashville may receive time in jail, fines and penalties and loss of driving privileges.

Each year Nashville drivers and passengers are seriously injured and killed by drivers under the influence of drugs and alcohol. States have instituted severe penalties to curb alcohol abuse and attempt to save lives. Nashville drivers who have been arrested one time or multiple times for DUI in Nashville need the help of a Nashville DUI lawyer. Drivers from Nashville and all of the surrounding cities including: Brentwood, Hermitage, Ashland City, Hendersonville and Madison can get the legal help they need from a DUI attorney. Seeking the legal counsel of a knowledgeable and competent Nashville DUI lawyer can ensure a driver understands their rights and options for their DUI case.

Penalties for DUI in Nashville

Penalties for DUI may vary for certain individuals depending on their criminal background and if they have previous DUI convictions. Before pleading guilty to DUI, find out the types of DUI penalties you can face from a qualified DUI lawyer in Nashville.

First DUI Conviction in Nashville

• Nashville drivers are required to spend 48 hours and up to 11 months in jail for their first DUI conviction. Nashville driver with a BAC of 0.20% or greater must spend a minimum of 7 consecutive days in jail.
• The court will revoke the driver’s license for one year.
• Nashville drivers are required to participate in an alcohol education class.
• Nashville drivers are required to pay restitution to any person suffering physical injury or personal loss due to the DUI.
• Nashville drivers are required to pay fines of $350-$1,500.
• The court may require the Nashville driver to install an Ignition Interlock Device for 1 year.

Second DUI Conviction in Nashville

• Nashville drivers may be required to spend 45 days to 11 months in jail. Nashville drivers with a BAC of 0.20% or higher may be required to spend additional days in jail.
• The courts may revoke a Nashville driver’s license for 2 years but may allow a restricted license after one year.
• The court may require the driver to install an Ignition Interlock Device.
• The court will require the driver to attend an alcohol education class.
• Drivers are required to pay fines of $600-$3,500.
• The court may seize the driver’s vehicle.
• Nashville drivers may be required to pay restitution to other individuals who have been injured due to the driver’s DUI.

Third DUI Conviction in Nashville

• Nashville drivers are required to spend 120 days to 11 months in jail. Drivers who have a BAC of 0.20% or higher may have to spend additional consecutive days in jail.
• The courts will revoke the driver’s license for 3 to 10 years. For the third DUI conviction there is not an option for a restricted license.
• Nashville drivers must install an Ignition Interlock Device.
• Nashville drivers must participate in an alcohol education class
• Nashville drivers must pay fines of $1,100-$10,000.
• The courts may seize a Nashville driver’s car.
• Nashville drivers may be required to pay restitution to other individuals who have been injured from the driver’s DUI.

Fourth DUI Conviction in Nashville

Class E Felony

• Nashville drivers are required spend 1 year in jail with 150 days required to be served consecutively.
• The court will revoke a driver’s license for 5 years with no option to apply for a restricted license.
• Nashville drivers must install an Ignition Interlock Device on their vehicle.
• Nashville drivers must participate in an alcohol education class.
• Nashville drivers must pay fines of $3,000 to -$15,000.
• The court may seize the driver’s vehicle.
• Nashville drivers may be required to pay restitution to other individuals who have been injured.

Hiring a Nashville DUI Lawyer

Drivers charged with DUI in Nashville do not have to hire a Nashville DUI lawyer, but it may be the best chance the driver has for a solid DUI defense. Nashville DUI lawyers offer free initial consultations to evaluate a driver’s DUI case. If the driver chooses to hire a DUI lawyer the attorney can interview witnesses, evaluate the DUI arrest process, negotiate with the prosecuting attorney and take the DUI case to court, if necessary. Even if a driver is planning to plead guilty to a DUI conviction, why not consult with a DUI lawyer in Nashville before making that decision?

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Drinking or abusing drugs and driving is quite dangerous anywhere in the world, but in the United States, and specifically New York, driving while intoxicated by drugs or alcohol is punished severely. The problem is there are so many different terms to know. Let’s focus on the New York DWI terms you need to know, what penalties you can expect,  and how you can defend against DWI charges.

DWI
This is the broadest term in drinking and driving or abusing drugs and driving in New York law.  However, it bears mentioning because of the confusion with DUI and OWI. DUI is driving under the influence, DWI is driving while intoxicated, and OWI operating while intoxicated. These are the same technical terms for similar laws punishing those who drink or abuse drugs and drive. While state laws differ in terms of punishment, just understand DWI is like a DUI is but is how New York courts term abusing drugs or alcohol and driving.

Aggravated DWI
We’ve gone over “aggravated DUI” on the DUI Law blog many times, and aggravated DWI is pretty much the New York state version. Your blood alcohol content (BAC) is much higher than a standard DWI, in this case .18 or higher. You will be punished for having a BAC over .08, but if you go even higher, you may face felony charge and much stiffer penalties.

DWAI/Alcohol
This means, according to New York state law, “driving while ability impaired (by alcohol)”, and you have a lesser BAC level, usually from .05 to .07. You may show other signs of obvious impairment. Technically, an officer can arrest you if it’s obvious by your driving that you are intoxicated.

DWAI/Drug
This term is used when the problem is drug abuse, not alcohol. Even legal drugs can lead to a DWI charge if they impair your driving. If you are obviously using other drugs, you can be arrested, and if in possession of illegal drugs, face further charges.

DWAI/Combination
Driving While Ability Impaired by a combination of drugs and alcohol. For example, you might mix a legal prescription drug with some alcohol; this is not only dangerous to you, but to other drivers.

Refusing Breathalyzer or Other Tests
In New York, you are penalized for refusing chemical tests, including breath tests and blood tests. Blood tests are the most accurate in terms of drug and alcohol abuse. If you refuse the breathalyzer, your New York license will be suspended for at least one year, you will face fines, and potentially stiffer charges if you’ve received a DWI before.

Zero Tolerance
If you are under 21 years of age, all states can charge you for just having drank any alcohol, even if not on your possession. In New York, if you drive with a alcohol level of .02 to .07, you are charged. The levels are different for some states, but just about any level of drinking can lead to DWI charges.

Defending New York DWI
You first need an experienced DWI lawyer, preferably one close to you. It’s very important to hire your own lawyer instead of using a court appointed lawyer or worse defending yourself. It does cost money, but any defense is based on a knowledge of the laws in terms of court room process and defending charges. Just because you’re charged with a DWI does not mean you will always face penalties; yes, most lead to penalties, but a good defense is invaluable in lessening charges if not having them dropped.

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