Sponsor Attorney
Andy Sotiropolus:
Is Your Prosecuting Attorney Duping You?
Even though you've been arrested for DUI, you don't have to let it
ruin your life. You may not realize it yet, but if you are thinking
about simply going to court and pleading guilty to your DUI charge you
may be cheating yourself. You see, a qualified attorney can review
the case for defects, suppress evidence, compel discovery of such
things as calibration and maintenance records for the breath machine,
have blood samples independently analyzed, obtain expert witnesses
all of which may help you to win your case at trial. To find out
what you need to know about your DUI arrest I've developed a website
to give you a wealth of useful information . . . information which will
show you how you may be able to save your license and your freedom . .
. and possibly avoid fines, fees, and sharply increased car insurance
costs of as much as $6,800. For the most part, my easy-to-navigate
site has information on it which you can't get anywhere else unless you
are willing to do a great deal of legal research. When you're on my
site, you'll also learn how you can get a free, no-obligation
consultation where I'll review your case and show you how I may be able
to save your license and your freedom.
Illinos DUI Drunk
Driving Defense Information
Search for Illinois DUI
Defense Attorneys by County
Illinois Secretary of State
"Driving Under the Influence" is defined as operating a motor vehicle
while impaired by alcohol, other drugs or intoxicating compounds. In
Illinois, a driver is legally considered to be under the influence if
he/she has a blood-alcohol content (BAC) of .08 percent or greater, has
used any illegal substance, or is impaired by medication. A driver's
BAC is based on the ratio of alcohol to blood or breath. However, an
individual showing alcohol levels between .05 and .08 percent may be
convicted of DUI if additional evidence determines that the driver was
impaired.
Attorney Offices by Municipality
- Altamont
- Taylor Law
Office:
During the past few decades, a crusade throughout
Illinois and the nation has developed to take the necessary steps
to enact laws to deal with the problem of drunk driving. While
almost every state has toughened its laws on drinking and driving,
Illinois has taken a leading role in enacting these
tougher laws. For many years, Taylor Law Offices, has
defended clients facing Driving Under the Influence or
Driving While Intoxicated charges. A person charged
with DUI is well-advised to retain the services of an attorney to
represent him during the hearing process and possible requests for
a judicial driving permit. The consequences of a DUI conviction are
harsh, ranging from losing driving privileges, to
stiff fines, to a potential prison sentence.
Automobile companies have access, under law, to the
driving records of Illinois motorists, and when they learn of DUI
convictions or license suspensions, insurance cancellation is
possible, with new coverage able to be obtained only at a sharply
increased price.
- Arlington Heights
- Dan Robin:
In todays world, there is zero-tolerance for drunk driving. Traffic deaths and injuries associated with drunk driving have led most states to decrease the acceptable blood alcohol level for driving. Unlike Otis on the Andy Griffith Show, its unlikely you will get away with a slap on the wrist and a wink of the eye.
Today, the circumstances surrounding a DUI can mean the loss or suspension of your license, insurance coverage problems, loss of employment, even jail. Judges and prosecutors have little patience with a crime that is seen as entirely preventable and indicative of a disregard of public outrage.
- John Vojta:
Although most people don't think of them as crimes, traffic
violations can have serious criminal consequences. These
traffic-related cases can become part of a criminal record, and it
is crucial to have experienced legal help. A license suspension can
happen when a driver receives several minor tickets or, in some
cases, one serious ticket. A conviction of a traffic offense such
as reckless driving, speeding, or driving with a suspended license
will result in fines and may affect your driving record and
increase your insurance rates.
- Brian Crowley:
When you are charged with a crime, you encounter serious concerns
about your future and the future of your family.
- Aurora
- Don Zuelke:
Some traffic offenses result merely in a fine; others may result in
suspension or revocation of one's driver's license or even jail
time. Among the most serious traffic offenses are driving under the
influence or alcohol or drugs (DUI) and driving on a suspended or
revoked license, especially where the suspension or revocation is
based on a DUI. The legislature continues to increase the penalties
and other consequences for these offenses, and has increased the
circumstances under which one can be charged with felony traffic
offenses. Good legal representation is important to ensure that
your rights are protected if you are charged with a serious traffic
offense.
- Barrington
- Joseph Lucas:
If you have had too much to drink and do not want to drive your
car, do not sleep off the effects of the alcohol in your car. The
Illinois Supreme Court has found that a man who was sleeping in his
car with the car running and a blood-alcohol level of 0.18 was
guilty of driving under the influence. At trial, the defendant was
sentenced to one year of court supervision and a $250 fine.
- Batvia
- Covey Law Office: The following are just a few of the
available defenses in DUI cases.
- Driving. The prosecution must prove you were driving;
- Probable cause. Evidence must be suppressed if the
officer did not have legal cause to (1) stop, (2) detain, and
(3) arrest;
- Miranda;
- Implied consent warnings;
- "Under the influence";
- Blood-alcohol concentration;
- Testing during the absorptive phase;
- Retrograde extrapolation;
- Regulation of blood-alcohol testing; and
- License suspension hearings.
- Bloomington
- Cambridge
- Carbondale
- Hugh Williams:
Any one arrested for driving under the influence of alcohol and/or other drugs (DUI/DWI) must undergo an alcohol and drug evaluation before a judicial driving permit (JDP) can be granted by the Court, sentencing can occur for the DUI offense, or restricted or full driving privileges can be granted by the Office of the Secretary of State.
The purpose of the evaluation is to determine the extent of the motoristıs alcohol and/or drug use and its associated risk to current or future public safety. The following areas are reviewed: the motoristıs driving history, chemical test results (BAC), Objective Test score and category, and the interview with an evaluator.
The focus of the interview is past and current alcohol and drug use, as it relates to your driving history. Motorist responses are checked against the driving record, the Objective Test score, the results of chemical testing, and possibly other corroborative sources.
Inconsistencies must be reconciled between the motorist and evaluator. If not, the evaluation will have no validity and could result in the following:
Denial of driving privileges by either the Court or the Office of the Secretary of State.
Requests by the Court or the Office of the Secretary of State to have the motorist undergo another evaluation at the motoristıs expense.
Delay of sentencing for the DUI or a delay in consideration for judicial driving privileges by the Court or restricted or full driving privileges by the Office of the Secretary of State.
- Cary
- Loringo Law
Office:
DUI/DWI Traffic violations can have serious criminal consequences,
particularly when a driver is accused of driving under the influence. A
conviction on DUI/DWI charges may result in fines, the revocation or
suspension of your driver's license, and possible jail time. In
addition, your insurance company may increase your rates to an
unmanageable level. In defending against an impaired driving charge,
you have many rights as a criminal defendant, including the right to
cross-examine the witnesses against you, even if they are police
officers. An experienced criminal defense attorney can make all the
difference in such a difficult case.
- Raymond
Henehan:
Traffic violations can have serious criminal consequences,
particularly when a driver is accused of driving under the
influence. A conviction on DUI/DWI charges may result in fines, the
revocation or suspension of your driver's license, and possible
jail time. In addition, your insurance company may increase your
rates to an unmanageable level. In defending against an impaired
driving charge, you have many rights as a criminal defendant,
including the right to cross-examine the witnesses against you,
even if they are police officers. An experienced criminal defense
attorney can make all the difference in such a difficult case.
- Champaign
- Thomas A. Bruno and Associates:
Illinois law provides that it is a "Class A" misdemeanor to
drive with 0.08% BAC or greater, regardless of whether your
ability to drive is impaired. This was changed from the
previous 0.10% effective July 3, 1997, as Illinois became the
14th state to lower its level from 0.10% to 0.08%. It is also
illegal to drive when your ability to do so is impaired by
alcohol and/or drugs, regardless of your BAC.
- Chicago
- Crystal Lake
- Rolls & Kililis:
You have the right to plead not guilty and demand that the State prove you guilty beyond a reasonable doubt.
You are entitled to a trial by jury or a bench trial before a judge.
You may also attempt to work out a resolution of your case with the prosecutor and enter a negotiated plea. The judge must approve the sentence.
You may also enter a blind plea, with no recommendation from the prosecutor, and have the judge impose a sentence.
- James Bishop:
A class A misdemeanor punishable by a fine of up to $2,500, plus
court costs, and a term of incarceration in the County Jail for up
to 365 days. Conviction will result in your driving privileges be
REVOKED for not less than one year and usually for 3-5 years. When
a driverıs license is revoked, a driver is not eligible for a
restricted, probationary or hardship or any other form of license.
After multiple DUI convictions, a subsequent charge of DUI can be
upgraded to a felony, aggravated driving under the influence.
- Decatur
- Burger, Fombelle &
Zachry:
... exploiting the weaknesses of field sobriety tests and an
understanding of the limitations of breath and blood analysis.
- Paul
Chiligris:
After you get a DUI, you will need to do a number of
things. First of all, you will need to obtain a drug and
alcohol evaluation. This is an evaluation performed by an
evaluator licensed by the Illinois Department of Alcohol
and Safety. The purpose of the evaluation is to determine
what level of risk you are in driving under the influence
of alcohol again and perhaps hurting someone, and what type
of treatment and/or education you will need. You need to
obtain the evaluation before being allowed to receive a
Judicial Driving Permit. You are only allowed a Judicial
Driving Permit if you are a first time offender.
- Des Plaines
- Fagan, Fagan &
Davis:
Illinois DUI law is extremely complex, and should be handled by an
Illinois attorney competent in DUI ( drunk driving ) defense. Each
jurisdiction has different procedures for DUI or drunk driving. A
Chicago DUI presents different situations than a DUI in Lake county
or DuPage county. Summary Suspension of your Driver's License which
result from your DUI arrest are also dealt with differently. For
example, in a Chicago DUI a completely separate file exists for
purposes of addressing license suspension issues, and failure to
recognize this seemingly simple difference can have an important
adverse impact on your drivers license. Before you walk into court,
your attorney had better know the difference, because not knowing
can be very costly.
- East Alton
- Delaney Law Office:
I strongly recommend that everyone charged with this
offense obtain competent legal counsel. There are actually
only a few attorney's in our area who have even tried a DUI
before a jury, and since I'm among that group, I have to
tell you that it is a different sort of trial than a
Felony, as the Jury, generally, is more harsh to the Drunk
Driver, than they are to the common thief.
- East Moline
- Richard Zimmer:
DUI - If you are facing drunk driving charges, you need an experienced criminal defense lawyer making sure your constitutional rights are protected.
- Effingham
-
Sutterfield Law Office:
No area of the law has been subjected to more public
scrutiny than Driving Under the Influence ("DUI") laws.
Special interest groups have publicly lobbied about the
dangers of drunk driving and politicians have responded by
implementing harsh penalties for DUI offenders. The DUI
offender also faces high insurance costs (if insurance is
available). Therefore, a strong, aggressive defense is a
necessity.
- Elgin
- Jonathan Carbary:
Traffic violations can have serious criminal consequences,
particularly when a driver is accused of driving under the
influence of alcohol. A conviction of a DUI charge can result in
fines, the loss of your drivers license, and possibly a jail
sentence. In addition, your car insurance company may increase
your rates to an unmanageable level. In defending a DUI charge,
you have many rights as a criminal defendant under the law,
including the right to cross-examine witnesses against you, even
if they are police officers. An experienced attorney can make all
the difference in such a difficult time in your life.
- Fox Lake
- Soffietti,
Johnson, Teegen, Phillips & Morozin:
Most people come to a lawyer for the same reason they go to a
doctor: something hurts, or something isn't working right. By
their very nature, most legal problems involve financial and
emotional issues that can dramatically affect people's lives.
Being involved in the legal system can be a stressful,
frustrating, and intimidating experience for most non-lawyers.
Whatever your legal difficulty, you should have an experienced and
skillful attorney to represent you.
- Geneva
- Glen Ellen
- Brucar & Yetter:
A drunk driving charge is a serious criminal charge. Most of us rely on the ability to drive to do many everyday things, such as getting to work, buying groceries, and transporting family members to activities like lessons, medical appointments, and school. A person who is charged with drunk driving stands an excellent chance of losing his or her driving privileges either temporarily or permanently, and also runs the risk of suffering more severe consequences, such as a fine or a jail sentence. If you have been accused of a drunk driving offense, contact an experienced drunk driving defense attorney without delay. You can't afford not to have expert counsel on your side.
- Glenville
- David Spada:
If you are arrested and found to have a blood alcohol level
of .08 percent or more in your body while operating a motor
vehicle, your driving privileges will be suspended for at
least three months. Repeat offenses carry more serious
consequences.
- Grayslake
- Jerald Novak:
If you have been arrested for a DUI, your Illinois driver's license will be suspended after forty five days if you fail to contact the Department of Motor Vehicles (DMV) within ten days of your arrest and request a hearing.
- Joliet
- Kankakee
- Lombard
- Taub & Cadiz:
A DUI conviction could bring stiff fines and possible jail time. Your
auto insurance rates could go up, and you might lose your driver's
license.
- Steven Mevorah:
In today's society, a vehicle is a necessity. Our goal is to
protect your right to own and operate a vehicle. Our first line of
defense is to challenge the reason that you were stopped. There are
bad stops! There are many things that you need to do before
appearing in front of a judge. We know what these things are and we
strongly urge you to move quickly and contact us if you have been
arrested or cited for a traffic offense. If it is your first
arrest, our goal is make sure that you can continue driving. For
second offenses, the goal is often to keep you out of jail and able
to continue providing for your family. We will get you the best
shot at being able to continue driving and avoiding jail time. But
you must move quickly. Many law firms react on behalf of their
clients to situations as they arise. That is not our way of
practicing law. We have earned a reputation for anticipating each
step of the legal process and informing our clients of what will be
happening next, when it will happen, and how we will proceed. From
the time the legal process begins, we help our clients take charge
of the situation and prepare for the next proceeding. Both opposing
lawyers and judges throughout Illinois know that we are always
prepared when we walk through the courthouse door.
- McHenry
- Scott Bentley
DUI is a serious crime.
Illinois has some of the toughest
DUI laws. Upon an arrest for DUI
the State will seek a suspension
of your driving privileges. There
are ways to avoid suspension upon
an arrest for DUI.
- Matteson
- Wigell &
Associates:
A conviction on DUI/OWI charges will result in fines, driver's
license suspension or revocation, and possibly land you in jail. In
addition, your insurance company may increase your rates to an
unmanageable level. In defending against an impaired driving
charge, you have many rights as a criminal defendant, including the
right to cross-examine the witnesses against you, even if they are
police officers. An experienced attorney can make all the
difference in such a difficult case.
- Mokena
- Jeffrey Segall:
The police are skilled in getting defendants to talk. Do not seek justice by yourself. Do not face the possibility of a suspended license and jail time alone. Protect your rights with a defense lawyer that knows criminal and traffic law. Let an attorney with knowledge of the local court system work for you.
- Mt. Prospect
- Anthony Lombardo:
A high percentage of cases are plea-bargained because most individuals (first offenders) will submit to chemical testing with the result generally in the mid to high teens thus creating a presumption in favor of the prosecution and against the individual.
- William Walters:
Drunk driving is also known as driving under the influence. In
Illinois, drunk driving is a class A misdemeanor punishable by up
to one year in jail or a $2,500 fine. Equally important, a
conviction for DUI causes your driving privileges to be revoked.
- Murphysboro
- Fertel Law Office:
What you should know if you are stopped for DUI:
DRIVING UNDER THE INFLUENCE (DUI)
It is illegal to operate a vehicle in Illinois with a blood alcohol
content (BAC) of .08 or greater. A driver can also be charged with DUI for
driving under the influence of other drugs. These may be legal or illegal
substances that cause impairment to the driver.
When you drive in Illinois, you agree to submit to testing for alcohol or
drugs. If you refuse to do so you may be sentenced to a longer suspension
of driving privileges than if you had tested over .08 and your refusal can
be used as evidence against you.
SUSPENSION OF DRIVER'S LICENSE
The temporary withdrawal by formal action of the Secretary of State of a
person's license or privilege to operate a motor vehicle on the public
highways, for a period specifically designated by the Secretary.
REVOCATION OF DRIVER'S LICENSE
A revocation is the loss of driving privileges with no guarantee of
reinstatement. An individual may apply for reinstatement at the end of the
revocation period. An administrative hearing, remedial education, recent
alcohol/drug assessment, substance abuse treatment and payment of
applicable fees also are required. If approved, reinstatement requires
retesting and fees for a new driver's license.
PROBATIONARY LICENSE TO DRIVE
A conditional license granting full driving privileges during a
period of suspension.
JUDICIAL DRIVING PERMIT
A permit granted at the discretion of the State that permits
a driver to drive for the purpose of employment, receiving drug treatment
or medical care, and educational pursuits, where no alternative means of
transportation is available. This is only granted to first time offenders.
STATUTORY SUMMARY SUSPENSION
When a person's privilege to drive a motor vehicle on the
public highways has been summarily suspended for DUI, his or her driver's
license shall be suspended:
1. Three months from the effective date of the statutory summary
suspension imposed following the person's submission to a chemical test
which disclosed an alcohol concentration of 0.08 or more.
2. Six months from the effective date of the statutory summary
suspension for a refusal or failure to complete a test or tests to
determine the alcohol, drug, or intoxicating compound concentration.
3. One year from the effective date of the summary suspension imposed
for any person other than a first offender following submission to a
chemical test which disclosed an alcohol concentration of 0.08.
4. Three years from the effective date of the statutory summary
suspension for any person other than a first offender who refuses or
fails to complete a test or tests to determine the alcohol, drug, or
intoxicating compound concentration.
PENALTIES
If blood alcohol level is greater than .08 but less
than .16 the following penalties apply:
First conviction - A person convicted of DUI
for the first time is guilty of a Class A Misdemeanor unless certain
factors exist to enhance the punishment. Upon conviction for a Class A
misdemeanor, the court is authorized to impose any of the following
penalties: imprisonment for up to 364 days, probation or conditional
discharge for up to two years, statutory summary suspension of license,
and fines.
Second Conviction - A second conviction for
the offense of DUI within five years of a previous violation for DUI
requires a mandatory sentence of a minimum of five days of imprisonment or
240days of community service, statutory summary suspension of license,
fines, and driver's license revocation.. However, if a person had been
previously placed on supervision for a DUI offense, this order of
supervision cannot be considered as a prior conviction.
Third or subsequent conviction - A third or
subsequent conviction for the offense of DUI requires a mandatory sentence
of a minimum of 10 days in jail or 480 days community service, statutory
summary suspension of license, fines, and driver's license revocation.
If blood alcohol level is greater than .16 the
following penalties apply:
First conviction - a mandatory minimum of 100
hours of community service and a minimum fine of $500.
Second Conviction - a mandatory minimum of 2
days of imprisonment and a minimum fine of $1,250 for a second conviction
within 10 years.
Third conviction - Class 4 felony. A
mandatory minimum of 90 days of imprisonment, and a minimum fine of $2,500
for a third conviction within 20 years.
Fourth conviction - Class 2 felony. A minimum
fine of $2,500 for a fourth conviction. Not eligible for a sentence of
probation or conditional discharge.
The statute provides for enhanced punishment for a person who is convicted
of DUI while his or her driving privileges are suspended or revoked for
violation of DUI or having been the driver of any vehicle involved in a
motor vehicle accident resulting in personal injury to or death of any
person.
Your Constitutional Rights
Silence. You have a right to remain silent
because anything you say can and will be used against you in a court of
law. Do not tell the police whether you drank alcohol or ingested any
illegal substance.
Legal Assistance. You have the right to
consult with a lawyer. The lawyer may be present when you are questioned.
Security. You have the right to be secure
from unreasonable searches and seizures. This includes your body and your
vehicle. You do not have to get out of your car unless ordered to by the
police.
Your Statutory Obligation
Produce Driver's License. If the police officer asks to see your driver's
license, vehicle registration, and proof of insurance, you must produce
them.
DO's and DON'Ts
DO be polite and courteous
DO have your driver's license, vehicle registration, and proof of
insurance ready to show to the police.
DO ask to speak to an attorney.
DON'T answer any police questions.
DON'T volunteer any information or engage in small talk.
DON'T do field sobriety tests [balance tests].
DON'T sign anything.
- Naperville
- Phillip
Nathe:
Criminal
Defense There is an inequality of power and material
resources in the criminal justice system. The government has a
large staff of lawyers, police and agents, sophisticated crime labs
and experts, and a huge budget provided by the taxpayers. This
gives them a tremendous advantage because the legal system is based
on the premise that "the whole truth" is that presented at the
trial. If a defendant cannot challenge the government's case, or
submit his or her own witnesses, then the jury by default will
probably accept as true whatever evidence the prosecutor produces.
- Northbrook
- Steven Rapaport:
A trial court generally has the power to determine whether a defendant's sentences for multiple offenses will be concurrent or whether they will be consecutive or cumulative. However, there are limitations on the trial court's power. Such limitations include whether the offenses arose from the same criminal episode, the type of the offenses, and whether the defendant committed the offenses while he or she was incarcerated.
- Addis, Greenberg & Schultz:
When you are accused of a crime, you find yourself in a frightening and stressful situation. No matter how minor the charge may seem, you should be represented by knowledgeable, competent counsel, who can work through the criminal justice system, give you zealous representation, and minimize the impact of the proceedings on your life. If you have been accused of a crime, or if you know someone who has been accused of a crime, do not delay in contacting an experienced criminal defense attorney.
- Northfield
- Paul Chatzky:
Many state laws require criminal defendants to pay restitution to
their victims and/or to the state for harm directly caused by the
defendant's crimes. Such laws are generally enacted to provide
compensation for a broad array of costs resulting from crimes such
as fraud, personal injury, death or property damage. When
determining costs, courts often consider victim expenses resulting
from, among others, the inability to be gainfully employed;
physical and/or psychological rehabilitation; and burial expenses.
Sometimes, where feasible, defendants may be ordered to return
property.
- Northlake
- John Gallagher:
Charges of Driving Under the Influence (DUI) can lead to
real problems with your driving privileges, as well as
criminal penalties.
- Oak Brook
- Oakbrook Terrace
- Palantine, Park Ridge, Peoria
- Rockford, Rolling Hills, Round Lake Beach, Schaumberg, Skokie
- Springfield
- Waukegan
- West Peoria
- Lowe & Groezinger:
DUI is a serious charge that can have serious consequences. A
conviction can damage your reputation, threaten your career, and
revoke your independence behind the wheel. The financial
consequences can also place a great deal of strain on most
households. With an experienced attorney by your side, however, you
will gain peace of mind and survive the court system.
- Wheaten
- Wood Dale
- John Ellsworth:
Any of the following can severely impact the results of tests
conducted during a typical DUI arrest. For instance:
 | Breathalizer
Machines often give false readings.
|
 | Police car lights
can create nausea and disorientation.
|
 | Medications can
cause side effects that resemble intoxication.
|
 | The pitch of the
road can impair your balance.
|
- Woodridge
- Marc
Wolfe:
Traffic violations can have serious criminal consequences,
particularly when a driver is accused of driving under the
influence. A conviction on DUI charges may result in fines, the
revocation or suspension of your driverıs license, and possible
jail time. In addition, your insurance company may increase your
rates to an unmanageable level. In defending against an impaired
driving charge, you have many rights as a criminal defendant,
including the right to cross-examine the witnesses against you,
even if they are police officers.
- Woodstock
- Caroline S.
Zoes:
In my mind, there is no other criminal act that has caused so
many state legislatures to pass so many laws whittling away at
a driver's rights than the offense of driving while
intoxicated. If you are convicted one of this offense in
Indiana, in addition to any criminal penalties assessed, the
Court SHALL recommend suspension of your driving privileges for
at least 90 days
and up to two (2) years
RETURN TO DRUNK DRIVING DEFENSE
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