When a driver is charged with a DUI, a qualified, skilled and talented Driving Under the Influence lawyer is needed for defense representation. With those skills, those charged with a DUI may be able to have their driver's license suspension lifted, keep the DUI off the driving record and avoid a conviction and jail time all together. We have a proven track record of success in the courtroom. As a Driving Under the Influence Attorney, are dedicated to providing personalized legal services tailored to the unique needs of each client, and achieving the best possible outcome for every client that needs DUI representation. Not only do we represent those charged in DuPage County, but we also represent those charged in Will County, Kane County and Cook County.
Contact me today to schedule a free consultation to discuss your DUI case.
When facing a DUI charge, a driving while intoxicated lawyer is needed without a doubt. A defendant to a DUI case will be going up against the prosecution. The prosecutor can be the State's Attorney's office or can be a City or Village prosecutor. The prosecutor is not advocating for you or representing you but merely prosecuting the case. A defendant cannot afford to go up against an experienced and knowledgeable prosecutor in the DUI courtroom.
Because a DUI charge is a criminal offense, a defendant is looking at jail time. A DUI can be a misdemeanor (up to 1 year in jail or a maximum fine of $1,000) or a felony offense (1 year or more in jail and thousands of dollars). If you have previous DUI convictions, then you can be charged with a felony DUI or what is called an aggravated DUI. There are other reasons why you can be charged with a felony DUI such as causing death or injury to another. or driving under the influence without insurance. Both felony and misdemeanor DUI's are punishable by either jail or prison. Never go up against the prosecution without a DUI defense attorney advocating for you to keep you out of jail. In addition, a DUI conviction has employment ramifications that you will want to avoid and a knowledge DuPage County DUI attorney is needed.
An experienced DUI lawyer will review the defendant's case for all possible defenses. Defenses to a DUI will lead to a dismissal and a rescission of the driver's license suspension. In addition, a DUI lawyer can expedite and wrap up a DUI case quickly so the defendant can move on and even get their driver's license back. Moreover, an experienced DUI lawyer should be able to work out a favorable deal with the prosecution if the defendant is willing to enter a plea. Call now to speak to a DuPage County DUI Lawyer.
A statutory summary suspension is the suspension of your driver's license because:
1. Of a DUI arrest; and
2. You either failed (had blood alcohol content of .08% or more) or refused to take a chemical testing offered by the officer.
If the above applies, then your driving privileges will be suspended due to the Statutory Summary Suspension. If this is your first DUI offense and you failed the chemical test then your driving privileges will be suspended for 6 months. If this is your 2nd or subsequent DUI offense within 5 years and you have failed the chemical test then your driving privileges will be suspended for one year. If you are a first time DUI offender and you refused to submit to the chemical test then your driving privileges will be suspended for 12 months. If the DUI is a 2nd or subsequent offense within 5 years and you refuse to take the chemical test then the statutory summary suspension will be in effect for 3 years.
So exactly when does the Statutory Summary Suspension take into effect? It takes into effect within 45 days from the notice you receive that your license will be suspended due to the Statutory Summary Suspension.
MDDP is a monitoring device driving permit that allows you to drive during the pendency of your DUI case. You will need to install a BAIID (Breath Alchohol Ignition Interlock Device) as part of the MDDP program. How it works is that before you start driving, you will need to blow into the BAID device to make sure you are not operating the vehicle with a blood alcohol content of .025 or more. The vehicle will start as long as the breath sample is negative of alcohol. The Secretary of State will monitor the BAID and there is a camera installed on the device itself that takes a camera image of the driver while blowing into the BAIID.
Now that you know what a MDDP is, how can you apply for it? After the DUI charge, you will get a letter from the Secretary of State informing whether you are eligible for a MDDP. Only first time DUI offenders are eligible for a MDDP. However, you are not eligible (even as a first time offender) if:
1. You are under 18 years old.
2. Your driver's license is invalid.
3. If death or bodily harm has resulted from the DUI incident.
The process for applying for a MDDP is fairly simple. You will need to send an application form back to the Secretary of State and pay the appropriate vendor fees.
Yes, you can be arrested for a DUI for non-alcohol related substances such as THC. If you refuse to take a chemical test for THC content or the chemical test indicated that you had 5 nanograms or more per milliliter of whole blood then the Statutory Summary Suspension will be in effect.
An RDP is a restricted driving permit that allows you to drive during the pendency of your DUI if you have two or more DUI convictions or two or more statutory summary suspensions. A BAIID device is also required as part of your RDP. It is tougher to obtain a RDP than it is to apply for a MDDP. For one, you need to show that a hardship will exist if you cannot drive during the pendency of your case. Second, you need to provide a professional alcohol/drug evaluation and may need to provide remedial education or treatment. Additionally, an appearance in front of a Hearing Officer with the Secretary of State is required. A skilled and experienced driving under the influence lawyer can assist you with obtaining your RDP.
Just because a Statutory Summary Suspension has went into effect does not mean that you cannot fight it. For the right legal reasons, the suspension can be rescinded. In order to contest a Statutory Summary Suspension, a Petition will need to be filed within 90 days from the date you received the notice of suspension. Whether to proceed on the Petition to Rescind is a discussion that needs to be had with the Driving Under the Influence Attorney. Once the Petition is filed, a hearing on the Petition must take place within 30 days. If no hearing takes place within 30 days, then a Trainor violation has occurred. A Trainor violation will automatically rescind the suspension and that means your driving privileges will be reinstated. When a Petition is filed, the prosecution will typically try to get a court date within the 30 days so the violation does not occur. In order to prevail in a petition to rescind hearing, you must prove any of the following:
1. Whether you were lawfully placed under arrest. This means that the officer must issue citations to you for violation of some Illinois law or ordinance with your DUI such as traffic tickets.
2. Whether there were reasonable grounds for the officer to believe that you were driving or in physical control of a motor vehicle while under the influence of alcohol (or other drugs): There needs to be some reasonable suspicion or probable cause to stop you in the first place. Typically, DUI offenses will stem from traffic violations such as improper lane usage or disobeying a traffic control device. These traffic offenses are the probable cause that is necessary for the officer to make a stop. If there is no probable cause or reasonable grounds to stop in the first place, then the suspension will be thrown out.
3. Whether the officer informed you that your driving privileges will be suspended if you refused to take the chemical test or if you take it and the test shows a .08% or more.
4. That you did not refuse to take the test and/or you did not blow a .08 or more.
A statutory summary suspension for a CDL holder means the following:
1. CDL privileges will be disqualified for a year for the first offense; and
2. Lifetime disqualification for the second offense.
As a CDL holder, you may be eligible for a MDDP if you are a first offender, and you were driving a noncommercial vehicle.
Anyone charged with Driving Under the Influence in Illinois must go through an alcohol and drug evaluation before sentencing by the Court. The purpose of the evaluation is to determine prior use of drugs or alcohol and risks associated to the public. In DuPage County, a DUI evaluation will also determine if you are deemed a "minimal", "moderate", "significant" or "high" risk. As part of the sentence, you will take counseling courses and/or treatment based on the assessment given by the evaluation. For example, a "minimal" risk designation will mean taking a minimum of 10 hours of courses in 4 sessions. The prosecutor will get a copy of the evaluation and can make an offer based on the results of the DUI evaluation.
Just because you are charged with a DUI offense does not mean you are guilty You may have defenses to your DUI. Defenses include passing the field sobriety test, not being under the influence of alcohol or drugs and not actually operating a motor vehicle. Call us, as an experienced DuPage County DUI lawyer, we will help ascertain any and all defenses that you may have with your Driving Under the Influence case.
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