Tag Archives: illinois dui lawyer

Advantages of Hiring a Chicago DUI Lawyer

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Getting an Illinois DUI leads to many problems. Some of the penalties are much stricter than in other states. You might pay a fine as high as $2,500 for a first offense, spend up to one year in jail, and have your license suspended for up to a year. If you get a second offense, the charges are similar, but you likely will have your license suspended for 5 years. And the further you go, the more you risk getting felony charges. How can you avoid this? What if you’re pulled over in Chicago for a DUI? You should hire an experienced DUI lawyer.

To avoid problems, you should avoid drinking and driving. But if you are pulled over, it’s time to consider representation. There are many advantages to hiring a Chicago DUI lawyer. This blog guide goes over them.

Understand the Laws
Illinois DUI laws, as in all states, can be quite complex. You get pulled over in Chicago for drinking and driving. You fail the breathalyzer. Case closed, right? Wrong, as you have rights, the breathalyzer is not always right, and you should defend yourself in court. But the value of a lawyer is in that he or she can help you avoid major problems. If you go into court not understanding the charges against you, how can you make a defense?

Question What Happened
A Chicago DUI lawyer’s job is to question what happened – what you did, what the officer did, what the breathalyzer or other sobriety tests said, and what charges are placed against you. This is an important part of the process. You might be down on yourself about the whole situation, but a good lawyer can fight for your rights. He or she might find something wrong with what the officer did, or in the validity of the breath tests, or in how damaging the charges will be to your life.

Avoid Maximum Penalties
Some Illinois DUI penalties can be quite severe, such as losing your license for years or spending years in jail. You may not win, that’s a fact. But you can at least lessen the penalties made against you. Without an experienced Chicago DUI lawyer, you won’t have this chance.

Save You Money
Some Illinois DUI penalties come with a heavy price tag. Some may cost you your job (such as if you cannot drive to work anymore). You might think a lawyer will cost you money. There will be some fees. But if you can stay out of jail, that saves you money from losing your job, losing assets, and losing your life. If you can continue to drive, you might also be able to keep your job. If you can avoid excessive fines, though sometimes minor, this too can help.

Represent You In Court
Finally, the biggest advantage in hiring an experienced Chicago DUI lawyer is in that he or she represents your rights in courts. There are so many things which might happen. The officer may have violated your rights in the arrest. The breathalyzer test may have been used incorrectly (which does happen). Or you may have not been driving at all. In court, a DUI lawyer can question what happened and ask that you be acquitted, if not at the least have lesser penalties.

6 Illinois DUI Defense Strategies

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You were pulled over, arrested, and charged with a DUI. It’s all over, right? Actually, you have many opportunities for defense. And a strong defense is important, as you can expect some serious charges. Even a first DUI can lead to up to six months in jail and $2,500 in fines, not to mention having your license suspended. And if you have multiple DUI charges or someone is hurt in an accident you cause, you will face even tougher charges. How can you avoid charges? With a strong DUI defense. Don’t give up, as there are strategies for defeating an Illinois DUI charge.

The Illegal Stop
You cannot be pulled over without cause. If you’re pulled over because you are a minority, for example, that is of course illegal. If you are pulled over on suspicion of drinking, simply because you are driving at night, that is illegal. If you are pulled over because you swerve between lanes, you may think this is valid, but you are breaking no law. You must make a real mistake, such as speeding, in order to be pulled over.

Problem with the Field Sobriety Test
First, you do not have to take the field sobriety test. Note there is a difference between the breathalyzer – which is required by law – and field tests, where you might stand on one leg. These tests have been proven to be inaccurate reading of your ability to drive.

Incorrect Breath Test
Breath tests are not 100% accurate. No DUI test is without some danger of being inaccurate. The problem with the breathalyzer test is that it is subject to human error. If you are pulled over by an Illinois officer, are given the breath test, and fail, it does not always merit charges. There are many scenarios where the breathalyzer can be wrong. It makes no difference on your weight, whether you are a man or woman, nor if you ate food along with the alcohol.

Blood Test Problems
Blood tests are not 100% accurate either. The police may in fact not correctly take your blood. They can be wrong in testing, analysis, and/or preservation methods. The blood test is the most accurate of all BAC tests, but this is a human system, and no human system is perfect.

Witnesses
If there are witnesses to what happened, you may be able to make a clear Illinois DUI defense. They may have seen the arresting officer do something wrong. They may be willing to testify as to if you were intoxicated. A witness can often disprove what the arresting officer said.

Officer History
If the arresting Illinois officer has a history of mistakes, such as in pulling people over for no reason, this can be used in court against the charges. They may have pulled people over illegally. The officer may have lied under oath before. The officer may have made mistakes in taking breath tests.

No matter what, you should question DUI charges. A strong Illinois DUI defense is always possible. If you are unsure of where to begin, it’s time to speak with an experienced Illinois DUI lawyer.

Building an Illinois DUI Defense

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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.

What Illinois DUI Laws Mean to You

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Illinois considers driving under the influence to be over the legal drinking limit and driving. However, alcohol isn’t the only that can lead to an under the influence arrest; you can also be pulled over and charged with using drugs, legal or illegal, which impair your ability to drive.

In any event, most cases involve drinking in Illinois, but if you are considered impaired by any amount of an illegal substance or a medication, you can also be charged. In order to understand what Illinois DUI laws mean to you, you also need to know why driving while impaired is so dangerous.

Why It’s Dangerous
By drinking or using drugs you are endangering others on the road, not to mention yourself. Some think current DUI penalties nationwide are too strict, while still more feel danger presented by drunk drivers is cause for even stricter penalties. A recent study pointed out that you are over 40 percent more likely to be in an accident while driving impaired. It also makes sense that the more you drink or the more drugs you take, the higher this number gets. The state laws are a result of thousands of impaired driving related deaths, whether it’s being involved in an accident because you or a loved one ran a stop sign, or hitting a pedestrian. DUI is a leading cause of death in all 50 states, Illinois included.

Recent studies have illuminated statistics involving DUI. The average offender is mostly male, averaging about he age of 34 with most drivers being below 35, is arrested later in the day from 11 pm  to 4 am, and is quite often far above the legal driving limit, averaging a .16% level of intoxication. These numbers can be scary, especially that the majority of drivers are twice the legal limit. This is why the laws are the way they are.

The Illinois DUI Laws You Need to Know
The Illinois DUI laws are very similar to laws of other states. Some use the term DWI (driving while impaired) and others like Wisconsin consider it a OWI (operating while impaired). These are just different terms addressing the same problem: abusing drugs or alcohol and driving.

Even first time offenders get stiff penalties. It’s very common for multiple offenders to spend considerable time in prison. First time offenders face up to 1 year in jail, up to $2,500 in fines, a minimum license suspension of 1 year, and if a minor is in the car, these penalties are greater.

The further you go in this process the more likely you’ll get a felony. Multiple offenders, drivers who are far over the limit, those who endanger minors (children under 16), and those who hurt others can face felony charges, sometimes called an aggravated DUI. Most DUI charges come with a misdemeanor, but in some cases felony charges can come.

How do you fight the charges?
The problem with defending an Illinois DUI charge is very common – how can you prove you were not drinking or abusing drugs and driving? How can you prove the officer, the breathalyzer, and the blood tests are wrong? It will cost a lot of time and money just to fight the charges. That does not mean you avoid hiring an Illinois DUI lawyer to plead your case. If you have no representation, you are at the mercy of a judge who sees cases like yours every day. Professional counsel is a must.

Penalties for DUI Charges in Illinois 2010

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DUI penalties are never good, as every state in the U.S. is stiff on penalizing drivings who even make  one mistake. And if you get a DUI charge more than once, you can expect jail time, prolonged suspensions for your license, and more.

The state of Illinois considers driving under the influence (DUI) as operating a motor vehicle while impaired by alcohol or other drugs. As with all 50 states, Illinois considers the blood-alcohol concentration limit to be 0.08 or more.  It used to be .10, in fact, but was changed in 1997.

Alcohol levels vary for each person. Some reach the limit of 0.08% far earlier than others, while others can drink more and not get over the limit. In either case, it’s safer to get a designated driver.

Typically, the blood alcohol level is tested based on the ratio of alcohol in the blood or breath. The two most common tests, blood and breathalyzer tests, are used in the State of Illinois.

Also similar to other state laws, Illinois determines 1) the amount of alcohol consumed and 2) the rate it was absorbed the the body. Other factors include gender, weight, alcohol tolerance, and food consumed.

Now let’s go over the key penalties for DUI offenders.

First offense is considered a Class A misdemeanor, which includes punishment of up to 1 year imprisonment, fines up to $2,500, revocation of driving rights for at least 1 year (2 years if under 21), and suspension of vehicle registration. There is more to note. If the blood alcohol level was .16 or more, twice the legal limit, additional penalties for fines and community service are included. If you committed these offenses while transporting someone under the age of 18, you also face additional stiff penalties.

Second offense is considered a Class A misdemeanor as well, with the same possible imprisonment time and fines. However, in addition to this, you can lose driving rights for a minimum of 5 years if this conviction is within 20 years of your first. If you committed this while driving someone 16 years of age or younger, it’s considered an aggravated DUI and has stiffer penalties. If you were unfortunate enough to get in a crash and  the young person was hurt, it’s considered a Class 2 felony with up to 7 years in prison and fines up to $25,000.

A third offense is considered a Class 2 felony the the state of Illinois. This means you can face imprisonment  for up to 7 years, and fines up to $25,000. Also, your driving rights will be taken away for a  minimum of 10 years.

The further you go, the worse the penalties get. For instance, a fourth conviction can lead to loss of driving privileges for the rest of your life.

Clearly, Illinois DUI penalties are harsh, but the rate of crashes involving alcohol make these laws important. However, you still have a right to defend yourself if you get pulled over, especially if you feel you the arrest was in the wrong. For expert help, hire a professional Illinois DUI attorney.