Illinois DUI Attorney

lllinois DUI law is a highly technical and complicated area of the law. If you have been accused of driving under the influence you no doubt have many questions about how the charge will affect not only your freedom, but also, your right to drive, your job, and your insurance costs. This page gives a general idea of the procedures, penalties, and defenses involved in an Illinois DUI. Every case is different, and there is no substitute for having the facts of your case analyzed by an experienced Illinois DUI lawyer. Call Attorney Shepherd at 312.789.8050 for a free, no obligation consultation.

Illinois Statutory Summary Suspension

A statutory summary suspension is an automatic suspension of your driver's license for failing or refusing a breathalyzer. If you are pulled over for a DUI in Illinois, the officer will typically ask you to submit to a breathalyzer test. Below you will find a table that lays out the penalties, depending on your history, for refusing to blow or blowing with a blood alcohol level of .08 or greater. In addition, the officer may ask you to perform field sobriety tests such as the one-legged stand test or the walk and turn test. While there are penalties for refusing to submit to a breathalyzer, there are no penalties under Illinois law for refusing to submit to field sobriety tests! If you have not been arrested yet, please read my page on your rights if you are arrested or asked questions by the police.

 

Offense	Loss of Driving Privileges*
Failing Breathalyzer, First Failure	6 months
Refusal to Submit to Breathalyzer, First Refusal	12 months
Failing Breathalyzer, Second or More Offense within 5 Years	12 months
Refusing to Submit to a Breathalyzer, Second or More Offense within 5 years	36 months
*These penalties go into effect on the 46th day after the failure or refusal to blow.

Illinois DUI Laws and Penalties

DUI's in Illinois are at minimum a Class A Misdemeanor and possibly more depending on your background, your blood alcohol level at the time, and other facts of your case. It can result in penalties of:

• Up to a year in jail,
• Fines of up to $2500,
• Loss of driver's license,
• Increases in your auto insurance rates,
• A permanent criminal record that is not eligible for expungement.

How to Beat a DUI Charge

Because the stakes of a DUI accusation are so high, it often pays to fight an accusation of DUI instead of bargain for a plea agreement. Whatever you choose, the best course of action is to prepare the case for trial. The earlier you prepare the case for trial, the stronger your position will be, the better the offer by the prosecution, and the less likely you will have to go to trial. While there are dozens of DUI defenses, here are a few of the more common and effective ones:

1. The officer stopped you without probable cause. The Constitution guarantees your right to be free from unwarranted intrusion by police officers. If an officer stops or arrests you without reasonable grounds to do so, that stop or arrest is illegal.

2. Squad car video. More and more police cars are equipped with video cameras. Video recordings of the stop and field sobriety tests are an objective way to determine whether you were actually under the influence or not. Videos are sometimes not held by police for more than 30 days which is why it is important to act fast to subpoena this evidence and preserve it early on. Obtaining this critical piece of evidence may be the difference between victory and defeat in your DUI case.

3. The police failed to observe you uninterrupted for twenty minutes prior to administering a breath test. The result of a breath test is not admissible in court if the officer did not observe you continuously for twenty uninterrupted minutes.

Free Consultation on Your Illinois DUI

Contact us for a free consultation on your Illinois DUI. We can analyze the unique facts of your case, give you an overview of your position, answer any questions you have, and advise the most strategically correct course of action. There are many time sensitive issues in DUI cases, such as preservation of videos and filing a petition to rescind your summary suspension, that make it important to act fast in order to secure the strongest possible defense. Call 312.789.8050 for a free consultation.

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