Chicago DUI Lawyer ● DuPage County DWI Defense Attorney Will County Driving Under the Influence of Drugs or Alcohol,

One too many drinks before you get behind the wheel can throw your life into a tailspin if you're arrested and charged with a DUI.

• Will you lose your license? For how long?
• Will there be fines? Jail time?
• What will happen with your auto insurance? Will it go up?

At the Oak Brook law office of Kathryn L. Harry & Associates, P.C., Link to Firm Overview a defense lawyer is here to help you get through difficult times, whether it's your first DUI or a repeat offense. We will answer your questions and defend you through the criminal case and the administrative Secretary of State hearing.

Contact our DUI/DWI defense firm to get an experienced DUI defense lawyer with the trial skills and negotiating skills you need on your side. Call 630.472.9700.

There are two aspects to an arrest for driving under the influence of alcohol or drugs. One aspect is civil in nature and involves your driving privileges while your dui case is pending. The other aspect is the criminal defense part. Even though this may seem like double-punishment for one crime (a violation of the Double Jeopardy clause of the Constitution), the Illinois Supreme Court recently held that a summary suspension of a driver's license is not punishment and therefore does not violate the double jeopardy clauses of the Illinois or U.S. Constitutions

The DUI Administrative Hearing

The suspension of your driver's license will take place on the 46th day after you receive the Warning to Motorist. This often occurs at the time of your arrest for DUI. Other times it occurs after the urine or blood has been tested and the results from the lab are known. You have a limited amount of time to save your driver's license from the administrative suspension imposed by the Secretary of State of Illinois and referred to as the Statutory Summary Suspension. The sooner you call 630-472-9700, the sooner we can begin investigating your case and filing the proper documents and motions with the court.

As experienced DUI attorneys, we will review your case in detail and present a Petition to Rescind the Statutory Summary Suspension. If there was no probable cause to pull you over, we may be able to stop the State of Illinois from suspending your drivers' license for DUI. We have successfully beaten the statutory summary suspension on a variety of facts.

• If a breathalyzer or blood test showed you had a blood alcohol level of .08 or higher, you could lose your driver's license privileges for three months to one year depending on whether you are considered a first time offender.
• If you refused to take either test, you will face a six-month to 3 year license suspension depending on whether you are considered a first time offender.

The length of suspension is as follows:

Three months for "first DUI / DWI offenders" (those without prior DUI's in the past five years) who have an alcohol concentration of .08 or more.

One year for persons with a BAC of .08 or more who are not first DUI / DWI offenders.

Six months for "first DUI / DWI offenders" who refuse any or all testing; and

Two years for those who refuse chemical testing who are not "first DUI / DWI offenders."

The term "first DUI / DWI offender," as used in the above paragraph, is somewhat misleading. Those with a prior DUI / DWI conviction, court supervision, or reduction to reckless driving more than five years before the date of current arrest are considered first DUI / DWI offenders even though they are ineligible for court supervision on the criminal charge of DUI / DWI. For purposes of deciding whether you should consent to the testing of your BAC, the officer may inform you that you are a first time DUI / DWI offender even though you are not eligible for court supervision because the civil suspension and criminal proceedings are separate and distinct.

If you choose to serve out the Statutory Summary Suspension, you may be eligible for a Judicial Driving Permit which will allow you to temporarily drive for work or medical reasons while your license is suspended. This will change on January 1, 2009.

You must obtain a drug and alcohol evaluation prior to applying for the JDP.

The DUI Criminal Process

It is the prosecutor's duty to attempt to prove you guilty beyond a reasonable doubt of driving under the influence. Under Illinois law, it is not your job to prove your innocence or to beat your dwi.

Don't assume the prosecutor can prove you are guilty of driving while intoxicated or under the influence of drugs without speaking to an experienced dui/dwi defense attorney. Tell us as your DUI lawyers every detail you can remember about your drunk driving arrest. The more we know, the better we will be able to defend you, whether you're facing a first time DUI, misdemeanor DUI conviction, aggravated DUI arrest or a repeat offender charge.

If you choose to plead not guilty, we are experienced DUI defense attorneys who will confidently take your case to trial. We explore all the forensic, medical and circumstantial evidence to provide you with a realistic assessment of your case.

If you prefer to negotiate a plea agreement, we will represent you with the goal of minimizing future consequences of a plea of guilty In certain cases, we may be able to get the charges reduced to something less serious than DUI, like reckless driving.

Regardless, before you are sentenced on a DUI or apply for a JDP, a you must obtain an alcohol evaluation from an agency licensed by the Illinois Office of Alcohol and Substance Abuse (OASA). The various treatment levels and their requirements are set forth as follows:

Level I Minimal Risk - Level 1 can only be recommended when you a) have no prior DUI dispositions or suspensions; b) submitted to chemical testing with a resulting blood alcohol level of less than .15; and c) were not diagnosed with any other recognized symptoms of substance abuse or dependence. Typically, completion of an Alcohol/Drug Risk Education course (usually 10 hours) is required if you plead guilty or are found guilty at a trial.

Level IIM Moderate Risk - Level 2M can only be recommended when you a) have no prior DUI dispositions or suspensions; b) submitted to chemical testing with a resulting blood alcohol level of .15 to .19; and c) were not diagnosed with any other recognized symptoms of substance abuse or dependence. Typically, you will be required to complete an Alcohol/Drug Risk Education course (usually 10 hours) and an Early Intervention Counseling Program (Minimum of 12 hours) if found guilty of the underlying DUI charge.

Level IIS Significant Risk - Level 2S will be recommended when you a) have at least 1 prior DUI disposition or suspension; and/or b) submitted to chemical testing with a resulting blood alcohol level of at least .20; and/or c) were diagnosed with other recognized symptoms of substance abuse. Again, completion of an Alcohol/Drug Risk Education course (usually 10 hours), Substance Abuse Treatment, (Minimum of 20 hours) and enrollment in and at least partial completion of Aftercare treatment (usually 2-3 hours a month for 6 consecutive months) will be required if you are found guilty.

Level III High Risk/Dependent and Non-Dependent - Level 3 will be recommended when you have a) symptoms of substance dependence and/or b) two prior convictions or court-ordered supervisions for DUI or two prior statutory summary suspensions or two prior reckless driving convictions reduced from DUI within a ten-year period from the date of the most current (third) arrest. If you are found guilty of dui, completion of a minimum of 75 hours of substance abuse treatment and enrollment in and at least partial completion of Aftercare program or Continuing Care (usually 2-3 hours a month for 6 consecutive months). If you are considered dependent, you will required to complete a minimum of 75 hours of substance abuse treatment and enrollment in and at least partial completion of Aftercare program or Continuing Care (usually 2-3 hours a month for 6 consecutive months).

Learn more about drunk driving and defense strategies: see our drunk driving information center.

Effective January 1, 2009, first-offender drivers arrested in Illinois for DUI will be required to install a breath alcohol interlock ignition device (BAIID) in their cars, or wear a alcohol-monitoring ankle bracelet (SCRAM) during a 6 to 12 month period, unless they successfully beat the Illinois DUI Statutory Suspension. The cost of the devices, ranging from $750.00 to $4500.00 dollars, will be paid by the arrested person. See New DUI LAWS [link to new dui law page] for more information on the laws that have or will take effect shortly.