Someone driving in the US is considered to be under the influence when they have a blood-alcohol concentration of .08% or higher. At this point, it is illegal for you to drive. DUI charges may include fines, getting your car towed, probation, or jail time. Should you be pulled over while driving under the influence, it’s recommended that you hire a DUI lawyer. Despite the evidence against you, having an experienced DUI lawyer by your side will help to mitigate the severe consequences associated with your DUI charges.
Even before your case is set for trial, if you’ve been caught driving under the influence in the state of Illinois, an officer will immediately file paperwork with the Secretray of State to suspend your license. The suspension will only go into effect 46 days after your arrest. . This 46-day grace period is awarded so that a defendant may fight the suspension or arrest and make the proper arrangements. On the 46th day , the suspension will be active, for a term of 6 months, 1 year, or 3 years – depending on if you took a test disclosing a BAC above 08 or refused, and if you have had a prior DUI arrest within five (5) years.
If found guilty of a DUI, an offender faces a number of mandatory penalties. Generally, a first or second DUI offense is a Class A midemeanor. That means that it is punishible by a maximum of one year in jail and a $2500.00 fine. In addition to the possible jail term and high fines, a DUI arrest also carries certain mandatory fines, fees and assessments, which typically exceed $1500.00, at minimum. Community service, ignition interlock devices, alcohol monitoring devices, license reinstatement fees, and drug and alcohol evaluation and counseling programs are also typically included in DUI sentencing. . The aforementioned penalties all deal with first-time offenders. For a second or subsequent DUI. the penalties imposedwill be significantly increased, and include mandatory jail time or performance of public service hours.
An experienced, high-quality DUI lawyer is a defendant’s best asset in a courtroom , to mitigate against severe penalties. Many people assume that their only options include pleading guilty or going to trial. An experienced DUI defense lawyer will know if the city or county where the incident occurred offers certain DUI diversion programs, which can lead to reduced sentences or even dismissals. More importantly, an attorney familiar with local courtroom practices is better equipped to enter into productive plea discussions with prosecuting lawyers — even, if it appears that the evidence against you is overwhelming. Hiring an attorney who understands local DUI laws, policies and practices will greatly benefit you.
When it’s time to goto court, there are a few ways that an experienced DUI defense lawyer will go about defending their client. The most common strategy is to combat the officer’s observations. Often a lawyer will be able to find a flaw in how the officer interacted with the defendant. This flaw then puts into question the integrity of the evidence as well as the accuracy of the breathalyzer test. Other common strategies include necessity, duress, entrapment, mistake of fact, and involuntary intoxication. With the help of a seasoned attorney, these defensive tactics can be employed in order to reduce a sentence.
If you’re located in the following area -Naperville, Wheaton, Elmhurst, Bloomingdale, Downers Grove, Oak Brook, Hinsdale, , Villa Park, Woodridge, , Winfield, Warrenville, Roselle, Itasca, Wood Dale, or anywhere in DuPage, Cook, Kane, Kendally and Will Counties in, Illinois- and need a DUI lawyer by your side, call Michelle Moore Law at 630.858.9800.