Sponsor Attorney
Andy Sotiropolus:
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
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Chicago DUI Lawyers
- Christian Collin:
If you have been charged with driving under the influence, you need competent legal counsel on your side.
- Benjamin Harrison:
Parole and probation are both supervisory-type mechanisms employed in the punishment phase of the criminal justice process. Parole comes into play after a person has been imprisoned and is released. Probation, by contrast, refers to a criminal sentence separate and distinct from incarceration. Probation is the most frequent sentence imposed and typically involves releasing the convicted offender into the community subject to a list of terms and conditions. The actual terms can vary widely, based on the underlying crime, the characteristics of the offender, and the resources of the probation system. All probations are subject to a requirement that the offender refrain from committing further crimes.
- David Daudell:
If you have been charged with a crime, it is important to speak with an experienced criminal defense lawyer as soon as possible.
- Frank Tedesso:
Pursuant to Federal Rule of Criminal Procedure (FRCP) 11, prosecutors may promise to move to dismiss other charges or recommend that the court authorize a specific sentence or sentencing range in order to encourage a criminal defendant to plead guilty to a certain charge. In addition, Rule 11 requires courts to advise a defendant considering entering into a plea agreement that the defendant has no right to withdraw the plea if the court does not follow the prosecutor's request or recommendation.
In fact, failure to warn a defendant that there is no right to withdraw a plea if the court rejects the prosecutor's request or recommendation may entitle a defendant who is subsequently convicted to obtain relief based on a Rule 11 failing.
- Todd Urban:
Almost all states increase a charge for driving while under the influence of alcohol or drugs (DUI) from a misdemeanor to a felony when a driver has had a certain number of prior DUI convictions. Accordingly, prosecutors in DUI cases will often search for prior DUI convictions to enhance a new charge. However, the admissibility of a prior conviction in court can depend on when and where the prior conviction occurred.
- Scott Levy:
The U.S. Constitution grants an accused the right to "a speedy and public trial, before an impartial jury" in "all criminal prosecutions." The alternative to a jury trial is a "bench" trial; i.e., a trial by a judge. In a jury trial, the jury determines facts and applies legal principles to reach a verdict. In a bench trial, however, the judge decides virtually everything.
- Richardson, Stasko, Boyd & Mack:
Driving Under the Influence "DUI" is defined as operating a motor vehicle while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof. In Illinois, the driver of a motor vehicle is legally considered to be under the influence if (1) the alcohol concentration in the person's blood or breath is .08 or more, (2) under the influence of alcohol, (3) under the influence of any intoxicating compound or drug to a degree that renders the person incapable of driving safely, (4) under the combined influence of alcohol, drugs, or intoxicating compounds that renders the person incapable of driving safely, and (5) there is any amount of a drug, substance, or compound in the person's breath, blood, or urine resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, or an intoxicating compound listed in the Use of Intoxicating Compounds Act.
- Drunken Driving defense Lawyers of Illinois:
The Illinois DUI law provides in
pertinent part as follows:
A person shall not drive or be in
actual physical control of any vehicle within the state of Illinois
while:
1) the alcohol concentration in that
personšs blood or breath is 0.08 or more
2) under the influence of alcohol
3) under the influence of any
intoxicating compound or combination of intoxicating compounds to a
degree that renders the person incapable of safely driving
4) under the influence of any other
drug or combination of drugs to a degree that renders the person
incapable of driving safely
5) under the combined influence of
alcohol and any other drug or drugs, or intoxicating compound or
compounds to a degree that renders the person incapable of safely
driving; or
6) there is any amount of a drug,
substance, or compound in the personšs breath, blood, or urine
resulting from the unlawful use or consumption of cannabis, or a
controlled substance or intoxicating compound
NOTE:
b) The fact that any person charged
with Driving Under The Influence is or has been legally entitled to
use alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof, shall not constitute a defense
against a charge or violation
(c) Except as provided under paragraph
(d) of this Section, every person convicted of violating this Section
or a similar provision of a local ordinance, shall be guilty of a
Class A misdemeanor and, in addition to any other criminal or
administrative action, for any second conviction of violating this
Section or a similar provision of a local ordinance committed within 5
years of a previous violation of this Section or a similar provision
of a local ordinance shall be mandatorily sentenced to a minimum of 48
consecutive hours of imprisonment or assigned to a minimum of 100
hours of community service as may be determined by the court. Every
person convicted of violating this Section or a similar provision of a
local ordinance shall be subject to a mandatory minimum fine of $500
and a mandatory 5 days of community service in a program benefiting
children if the person committed a violation of paragraph (a) or a
similar provision of a local ordinance while transporting a person 16
years of age or younger. Every person convicted a second time for
violating this Section or a similar provision of a local ordinance
within 5 years of a previous violation of this Section or a similar
provision of a local ordinance shall be subject to a mandatory minimum
fine of $500 and 10 days of mandatory community service in a program
benefiting children if the current offense was committed while
transporting a person 16 years of age or younger. The imprisonment or
assignment under this subsection shall not be subject to suspension
nor shall the person be eligible for probation in order to reduce the
sentence or assignment.
(c-1) A person who violates this
Section during a period in which his or her driving privileges are
revoked or suspended under this Section or Section 11-501.1 of this
Code or restricted under Section 6-303 of this Code, where the
revocation, suspension, or restriction was for a violation of this
Section shall, unless otherwise sentenced to a term of imprisonment in
the penitentiary, in addition to any other criminal or administrative
action, be mandatorily sentenced to a minimum term of 30 consecutive
days of imprisonment, 40 days of 24 hour periodic imprisonment or 720
hours of community service, as may be determined by the court. A
sentence of imprisonment, periodic imprisonment, or community service
shall not be subject to suspension nor shall the person be eligible
for probation in order to reduce the sentence.
(c-2) A minimum term of imprisonment
of not less than 48 consecutive hours or 10 days of community service
as may be determined by the court shall be imposed for a second or
subsequent violation within 5 years of a previous violation of Section
11-501 of this Code or a similar provision of a local ordinance.
(d)(1) Every person convicted of
committing a violation of this Section shall be guilty of aggravated
driving under the influence of alcohol or drugs or a combination of
both if:
(A) the person committed a violation
of paragraph (a) for the third or subsequent time;
(B) the person committed a violation
of paragraph (a) while driving a school bus with children on board;
(C) the person in committing a
violation of paragraph (a) was involved in a motor vehicle accident
that resulted in great bodily harm or permanent disability or
disfigurement to another, when the violation was a proximate cause of
the injuries; or
(D) the person committed a violation
of paragraph (a) for the second time and has been previously convicted
of violating Section 9-3 of the Criminal Code of 1961 relating to
reckless homicide in which the person was determined to have been
under the influence of alcohol or any other drug or drugs as an
element of the offense or the person has previously been convicted
under subparagraph (C) of this paragraph (1).
(2) Aggravated driving under the
influence of alcohol or drugs or a combination of both is a Class 4
felony for which a person, if sentenced to a term of imprisonment,
shall be sentenced to not less than one year and not more than 3 years
for a violation of subparagraph (A), (B) or (D) of paragraph (1) of
this subsection (d) and not less than one year and not more than 12
years for a violation of subparagraph (C) of paragraph (1) of this
subsection (d).
(e) After a finding of guilt, and
prior to any final sentencing or an order for supervision, for an
offense based upon an arrest for a violation of this Section or a
similar provision of a local ordinance, individuals shall be required
to undergo a professional evaluation to determine if an alcohol or
other drug abuse problem exists and the extent of the problem.
Programs conducting these evaluations shall be licensed by the
Department of Alcoholism and Substance Abuse. The cost of any
professional evaluation shall be paid for by the individual required
to undergo the professional evaluation.
(f) Every person found guilty of
violating this Section, whose operation of a motor vehicle while in
violation of this Section proximately caused any incident resulting in
an appropriate emergency response, shall be liable for the expense of
an emergency response as provided under Section 5-5-3 of the Unified
Code of Corrections.
- Steve Greenberg:
Despitestate legislation thatallows marijuana use for medical
purposes,the federal government has not yet enacted legislation in
confirming the legality of such laws. Under federal law, penalties for
possession of marijuana can be up to three years in jail and a $5,000
fine.However, at least one federal court has ruled otherwise,
indicatingan exception to marijuana use for medicinal purposes.
- Richard Kling:
In a criminal case, a government agency seeks to punish you or entities for behavior that the state or country has declared unlawful.
Prosecutors decide whether to file charges against a defendant
Convictions may result in fine, jail, or both
The burden of proof is "beyond a reasonable doubt"
Usually the government will pay for your attorney if you can't afford one
Criminal defendants are almost always entitled to a jury trial
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