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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Illinois uses the term DUI (driving under the influence) for drunk driving offenses. Other states consider this to be a DWI, while still other states such as New York consider DUI and DWI separate penalties under state law.

For Illinois drivers facing a DUI offense, the best decision you can make is to consult legal counsel. This guide can help, but it doesn’t not take the place of qualified lawyer. Hiring a DUI lawyer may cost you money, but in Illinois, it’s a must as the laws can be complex.

What is BAC?
BAC is blood alcohol content, which, if 0.08% or over, is considered to be a DUI. You are legally drunk and if you’re driving, you’ll be arrested.

The laws on DUI are clear: you must be behind the wheel and driving the vehicle in order to be given a sobriety test. If you’re blood alcohol content goes 0.08 or higher, you will be arrested and later face charges. How you can fight the charges is complex: you could plea; you could claim the charges are wrong. Before that, querying several Illinois DUI lawyers can actually save you time and money in this process. You can fight to get your license back, for example.

If you have a lesser BAC, say .05%, you can still be considered to be driving under the influence. Some  people, it’s  been proven, are effected by alcohol differently than others. A 100 pound woman my drink less than a 250 pound man, but be just as impaired.

What happens  when you’re pulled over?
If you’re BAC is high or if you are clearly impaired, you will be arrested. Before that, you will be given a sobriety test. If the officer feels you are impaired by drugs or alcohol, your license will immediately be suspended for 180 days under Illinois law, you will have  to “dry out” in jail and post bail when you are sober, and you’ll have an arraignment. If you are in this position now–and just getting out of an Illinois jail–it’s definitely time to start querying lawyers. Query several if possible.

What happens during  the trial?
You will go to trial, with a lawyer or without, but having one is important. This is where you can plea bargain or look to profess innocence. However, if you are convicted, your license will be suspended for 1 year, and 2 years if you’re under 21. You may also be fined and spend time in prison if you’re an adult.

What happens if I get more than one Illinois DUI?
If you get multiple DUI arrests, you can expect stiffer penalties. Your license can be permanently suspended, you can face major fines, and you can spend extended periods in prison.

How do I get an Illinois DUI lawyer?
Searching online is a very good start, as you can see who’s experienced and who’s not. Write a short list of potential Illinois DUI lawyers and try to call each of them. Be sure they specialize in DUI law, do not handle too many cases or have help if they do, and that you can afford them.

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Complete our Free Case Evaluation form and a DUI Lawyer will review your case for Free!